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Forum Terms of Use & Rules

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TERMS OF USE FOR BETHEPRO.COM FORUM

SPONSORED BY ROBERT BOSCH TOOL CORPORATION

IMPORTANT NOTICE:  PLEASE READ CAREFULLY THESE TERMS OF USE BEFORE ACCESSING OR USING THE BETHEPRO.COM FORUM.  YOUR ACCESS TO OR PARTICIPATION IN THE FORUM AT BETHEPRO.COM OR ANY OF ITS FEATURES, INCLUDING DISCUSSION BOARD, USER INTERFACE, WEB SERVICE, WEB ACCESS PORTAL, PRIVATE MESSAGING FACILITIES AND CONTENT (COLLECTIVELY, THE “FORUM SITE”) IS CONDITIONED ON YOUR ACCEPTANCE OF AND FULL COMPLIANCE WITH THESE TERMS OF USE.  FOR PURPOSES OF THESE TERMS OF USE, PRONOUNS SUCH AS “YOU” OR “YOUR” REFER TO ANY USER OF THIS SITE, AND PRONOUNS SUCH AS “WE,” “US” OR “OUR” REFER TO ROBERT BOSCH TOOL CORPORATION (“BOSCH”), AS THE PRIMARY SPONSOR AND OWNER OF BE THE PRO.COM, ITS EMPLOYEES AND REPRESENTATIVES.

SPECIAL WARNING:  THE FORUM SITE IS DEDICATED TO CONTRACTORS AND MEMBERS OF THE CONSTRUCTION TRADES.  CONSTRUCTION WORK INVOLVES TASKS AND ACTIVITIES THAT ARE INHERENTLY DANGEROUS AND THAT CARRY THE POTENTIAL OF SERIOUS BODILY INJURY, INCLUDING DEATH.  WHILE THE FORUM SITE IS COMMITTED TO SAFE CONSTRUCTION PRACTICES, IT IS NOT AN AUTHORITY OR SOURCE FOR \ SAFETY INFORMATION AND YOU ARE NOT TO RELY ON THE FORUM SITE FOR ADVICE, INSTRUCTION OR GUIDANCE REGARDING THE SAFE EXECUTION OF ANY TASK OR YOUR SAFETY IN GENERAL. YOUR SAFETY DEPENDS ON AND REQUIRES YOUR OWN SOUND JUDGEMENT, COMPETENT INSTRUCTION, SUFFICIENT EXPERIENCE AND A REALISTIC ASSESSMENT OF YOUR ABILITIES. 

THE FORUM SITE IS ALL ABOUT BEST PRACTICES AND DOING THINGS RIGHT ON THE JOBSITE, AS A RESULT WE STAY AWAY FROM DEMONSTRATING OR EXHIBITING UNSAFE PRACTICES. BOSCH DOES NOT CONDONE THE USE OF TOOLS AND PRODUCTS OUTSIDE OF THE PROPER METHODS PROVIDED IN PRODUCT MANUALS. WE ENCOURAGE YOU TO SHARE BEST PRACTICES AND YOUR JOBSITE TIPS AND TECHNIQUES, BUT SAFETY IS OUR HIGHEST PRIORITY AND WE WANT TO DO EVERYTHING WE CAN TO MAKE SURE BEST PRACTICES ARE SHARED AND ENCOURAGED.

By using the Forum Site (e.g., by reading, downloading or forwarding content found at http://bethepro.com/forums/ and individual forum topic and post URLs), you accept and agree to these Terms of Use and the Privacy Policy.  If at any time you do not agree with these terms and conditions, you must leave the Forum Site immediately and cease any further use thereof.  You are also responsible for ensuring that all persons who access the Forum Site through your internet connection are aware of and accept these Terms of Use and the Privacy Policy.

If you wish to enroll and participate in the BeThePro.com Forum described in Section 1 below (e.g., to create your individual profile, participate in the point-based reward system, upload content, post comments on the discussion board, or use the private messaging system), you will be  required to complete the registration process.  As part of the registration process, you must accept and agree to comply with, fully and at all times, these Terms of Use, and you must accept and agree to the Privacy Policy.  If at any time you do not agree with these Terms of Use or the Privacy Policy, or if at any time you do not comply or intend to comply with these Terms of Use, you must refrain from further use of the Forum Site.

If you are registering on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, in which case the terms “you” or “your” shall refer to such entity.  If you do not have such authority, or if you do not agree with these terms and conditions, you must  leave the Forum Site immediately and cease its further use.

1. About Us: Who We Are and What We Provide.  The BeThePro.com Forum is a web-based information portal and online community forum and discussion board dedicated to members of the construction industry, such as contractors and members of the various construction trades.  The BeThePro.com Forum gives users access to informational resources and an opportunity to exchange information, share experiences and transfer construction knowledge through free discussions forums, bulletin board services and other messaging and communication facilities.  While the BeThePro.com Forum is designed for professional contractors and members of the construction trades who make their living in the construction industry, it also welcomes experienced do-it-yourselfers who may benefit and even contribute to the information and knowledge exchange; the do-it-yourself enthusiasts are welcome to follow the pros’ exchanges, subject to full compliance with the rules and posting guidelines applicable to non-pro users of Forum Site.  The BeThePro.com Forum allows the posting and sharing of original and third-party content relating to industry trends, project tips and other construction-oriented content.  Manufacturers, vendors and distributors of products used in construction are not eligible to register as users of the Forum Site.

2. What BeThePro.com Forum Is NOT

While keeping in mind what BeThePro.com Forum is, it is also important not to lose sight of what the BeThePro.com Forum is NOT:

  • It is NOT an online course, instruction facility, construction clinic or a how-to or advice forum for those interested in acquiring construction skills;
  • It is NOT an online marketplace for anyone interested in selling or buying any products or services, including construction services;
  • It  is NOT a job board for job seekers seeking jobs or careers in the construction industry;
  • It is NOT a provider or other resource for any type of advice—be it advice in the area of construction, construction safety, legal requirements or any other topic.  Commentary, opinions or other content posted on the Forum Site are not provided as and are not intended to be relied on as advice.

Note:  The above exclusions or caveats may change as the Forum Site continues to evolve.  We will let all users know if any item is removed or added from/to the above list.

3. Forum Site Access. Your participation in the BeThePro.com Forum is conditioned upon your acceptance of these Terms of Use and your successful registration.  To register, you must provide the accurate information required by the Forum Site registration page (i.e., a username, email address, and password).  By registering to use the Forum Site and by using the Forum Site you acknowledge that Bosch may communicate with you electronically regarding matters arising from or relating to your use of the Site.  Those who opt-in to receive the newsletter will also receive Forum Site content updates and promotions as well as content from the BeThePro.com site.

Bosch may amend these Terms of Use and/or the services or features of the Forum Site at any time or from time to time, without prior notice. Any such changes will be binding on the users, and the users are expected to check this page from time to time to make themselves aware of any such changes.  While Bosch will endeavor to notify users of any such change, Bosch assumes no obligation or liability for its failure to do so, and no such failure will lessen the binding effect of any change to Forum Site or these Terms of Use.

4. Services and Features Offered by the Forum Site.  The services, facilities and features of the Forum Site consist of:

  • Free discussion forums;
  • Bulletin board services;
  • Moderator contributions to the discussion and/or exchange of information;
  • Other communication facilities (including private messaging facility to enable users to contact each other outside the forum common discussion);
  • Forum groups to help grow relationships for both off-line and online-only groups, to be managed and moderated by group members; and
  • The ability of registered Forum Site users to create their own profiles, consisting of the following data: first name, last name, city, state, zip code, contractor biography, website link, and work experience to allow users to: (1) search for and invite others members of the construction industry to become users of the Forum Site; (2) send private messages to other Forum Site users through an internal message system; (3) comment on users’ contributions.

5. Usage Rules and Restrictions; Responsibility of Users

5.1 Access to and use of the Forum Site is restricted to individuals who are at least 18 years old and are (A) general contractors or members of one or more of the construction trades, or (B) experienced do-it-yourselfers

5.2 Each user is responsible for making all arrangements necessary to have access to the Forum Site.  Bosch will not provide you with any software, hardware, services or connectivity or otherwise assist you to gain access to the Forum Site. Users will also be responsible for ensuring that all persons who access the Forum Site through his internet connection are aware of and comply with these Terms of Use.

5.3 You have the responsibility for backing up any and all data and materials posted or uploaded by users on, onto the Forum Site.

5.4 You are not to upload any data or materials whose loss or use by others might cause damage to you.  You accept all risk that any data or other materials posted or uploaded by you may be lost, damaged, misinterpreted, used or misused by others.

5.5 Users may not harvest information about other users of the Forum Site to send or facilitate the sending of unsolicited communications, including unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other solicitation directed to other users.

5.6 Users may not misuse the Forum Site by knowingly introducing viruses, Trojans, worms, time-bombs, spyware or other malicious or technologically harmful code.

6. Point-Based Reward System.  The Forum Site uses a point-based reward system to encourage and recognize your participation and contribution to BeThePro.com Forum. Win points for making value-added contributions on the Forum Site according to the point allocation rules shown on http://bethepro.com/pro-community-rewards-point-list/.

To be awarded points, you must comply with all BeThePro.com Forum posting rules and etiquette.  For example, if your post is insulting, threatening or otherwise violative of our rules, no points will be awarded and we reserve the right to deleted points you previously earned.  Any member who abuses the point-based reward system may lose some or all of their points based on the decision of BeThePro.com.  Points have no cash value and are not guaranteed or protected from deletion and cannot be redeemed for rewards in the event that the site is no longer maintained.  Your accumulated point balance can be redeemed for various rewards.  Rewards available for redemption will vary from time to time; for the current line-up of rewards available for redemption, go to http://bethepro.com/pro-community-rewards-prize-list/.  Keep in mind that the rules regarding how many points are awarded for various actions and what rewards are available and in what quantity may change from time to time or at any time.  BeThePro.com will try to give prior notice to members, but it reserves the right to make any changes to the points-based reward system without any prior notice.

7. Role of Moderators.  The discussions on BeThePro.com Forum will be moderated by moderators who are employees of Bosch or are BeThePro.com Forum members selected by Bosch.  The moderators will monitor the discussions and exchanges in an effort to ensure that the BeThePro.com Forum remains a forum for discussion and knowledge sharing of construction topics.  The moderators will have the right to edit, censor, delete or otherwise modify any posted message, to move or close any thread, and to suspend or block any user whose contributions are not in keeping with the mission of the BeThePro.com Forum.  When the moderators do edit a post, however, they will attach a note to the bottom of the post explaining the purpose of the edit.  If a moderator leaves a note in a post, the moderator’s note must not be removed.

The moderators may also redirect — to a separate forum category for do-it-yourself users — any user who is not a construction professional and whose contribution, in the judgement of the moderator, does not advance the goals of the BeThePro.com Forum. Although moderators will attempt to keep all objectionable or off-topic messages off the Forum Site, it is impossible for moderators to review and act on all such messages.  Accordingly, Bosch assumes no obligation or liability to any party for failure to detect or otherwise act on any message that is not be in keeping with these Terms of Use.

All messages express the views of the author and Bosch assumes no obligation or liability for the content of any post.   Any user of the Forum Site who believes that a message posted on the Forum Site is objectionable is encouraged to contact us immediately by e-mail at aaron.roecker2@us.bosch.com to report the objectionable post.

8. Rights Reserved; Obligations Disclaimed by Bosch  

The Forum Site is a private website and as such, Bosch reserves the right to block access to anyone who does not follow these Terms of Use for any other reason.  Bosch is not responsible for the contents of any message posted by any user of the Forum Site, and we do not warrant the accuracy, completeness or usefulness of any information provided by Forum Site users.

Bosch, through its moderators or otherwise, will also have the right, but not the obligation, without prior notice to any party or entity, at any time or from time to time, and at its sole discretion, to:

  • remove or delete from the Forum Site any content that is illegal or that, in Bosch’s opinion, violates or is not in keeping with these Terms of Use;
  • delete from the Forum Site, partially or in its entirety, any information posted or other content uploaded by users;
  • prohibit users from uploading any additional content or posting links to any site;
  • terminate, cancel or modify the Forum Site or any service or feature thereof;
  • temporarily or permanently block the access of any user to Forum Site;
  • take any other action that Bosch deems appropriate to ensure that the BeThePro.com Forum is not disrupted or abused and that it fulfills its mission.  All decisions of Bosch will be final and binding on all users in all respects.

Bosch is the owner or the licensee of all intellectual property rights inherent in or associated with the Forum Site and all materials and content featured, uploaded or published in it, including user generated content.  If you choose to upload content in whatever form, you agree to grant the owners of BeThePro.com a universal license to use this content for whatever purpose they see fit with no claim for remuneration whatsoever.  Furthermore, the owners of BeThePro.com (and their assigns and agents) are free to modify any user generated/uploaded content in any way they see fit for whatever purpose.

All content uploaded on the Forum Site is made available by Bosch on an “as is/where is” basis, without any representations or warranties. Bosch will have no obligation to verify, oversee, monitor or moderate any content posted or uploaded by users of the Forum Site.

9. Intellectual Property Rights; Limitation on Re-Use

You will not reproduce, duplicate, copy, sell, re-sell, license or otherwise transfer (or attempt to sell, re-sell, license or otherwise transfer) or otherwise exploit (commercially or otherwise) any portion of the services, features or content featured on the Forum Site.

10. Posting Rules.  Bosch created the BeThePro.com Forum as an open forum for members of the construction industry to share information, knowledge and experience.  The BeThePro.com Forum encourages open dialogue and robust discussion within the guidelines of these Terms of Use, including the posting rules set out below, which are intended to ensure that all content contributed by users is professional, courteous and relevant, in keeping with the mission and objectives of the BeThePro.com Forum. All users are expected and required to conduct themselves at all times in a professional, businesslike and civil manner.  Personal attacks, threats, insults, derogatory comments or otherwise offensive or inappropriate messages are prohibited and will not be tolerated.  Users must also comply with the following restrictions and requirements:

  • Advertising, solicitation, spamming or trolling. It is our goal to keep the BeThePro.com Forum free from advertising and spam. We do not allow companies or individuals to market products or services; to advertise or promote any business or service; or to solicit business, funds or donations.  If you wish to place advertisements in the Forum Site’s designated ad spaces, please contact bethepro@bethepro.com to learn about advertising opportunities.
  • No private messages or communications within the BeThePro.com Forum.  Private messages may not be posted publicly without prior permission from the message author (sender).
  • Profile information: User profile information should not have any links pointing to advertisements, adult content, or other inappropriate content.
  • Linking to online retailers.  Posting links to online retailers is permitted ONLY as a means of identifying a product or part so users can better understand which product(s) or part(s) you use or recommend.  Linking to online stores for the purpose of indicating where to find the lowest price is not permitted and is not the purpose of this forum.
  • Posting Etiquette and Standards.  You may not upload, post, publish, transmit or reproduce any content that:
    • is false, hateful, threatening, abusive, inflammatory, offensive, harassing, defamatory, libelous, tortious, slanderous, or invasive of anyone’s privacy or publicity rights;
    •  is pornographic, sexually explicit, obscene, vulgar or profane;
    •  advertises or promotes any product or service;
    • solicits other BeThePro.com members for services provided by other members either through posts, private messages, or any type of outside communication such as e-mail or phone.
    • is inaccurate (where you state a fact), or not genuinely, sincerely and reasonably held (where you voice an opinion);
    •  infringes upon or misappropriates any contract or intellectual property rights of others,  including trademarks, patents or copyrights);
    • promotes or encourages violence, dishonesty, or other illegal activity;
    • demeans any individual or group or engages in any unlawful or offensive stereotyping of any group;
    • is misleading or deceptive;
    •  is made in breach of any legal duty owed to a third party, including a contractual duty or a duty of confidence; or
    •  is intended or likely to cause embarrassment, humiliation or inconvenience.

In addition:

  • Please refrain from posting in all caps (which is equivalent to shouting as well as hard to read) and from the use of excessive punctuation marks (as in ???? or  !!!!);
  • Do not pose several questions in one post and, in general, help us adhere to a “one question, one thread” policy;
  • Remember that all posting must be in English;
  • Avoid meaningless posts or posts with less than 25 words that does not add to the forum/communtiy knowledge or understanding of the topic of the post/thread..

11. LIMITATION OF LIABILITY — PLEASE READ CAREFULLY

THE FORUM SITE AND BETHEPRO.COM FORUM AND ALL CONTENT OR MATERIALS PROVIDED THEREIN ARE PROVIDED ON AN “AS IS/WHERE IS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR OTHER COMMITMENTS AS TO THEIR ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY USER’S INTENDED USE.  TO THE FULL EXTENT NOT PROHIBITED BY LAW, BOSCH, ITS AFFILIATED ENTITIES AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, REPRESENTATIVES AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING OUT OF ANY USER’S ACCESS TO OR USE OF THE FORUM SITE.  UNDER NO CIRCUMSTANCES WILL BOSCH BE LIABLE TO ANY USER OR ANY OTHER PARTY ON ACCOUNT OF BOSCH’S OPERATION OR TERMINATION OF THE FORUM SITE; ANY USER’S USE OF OR RELIANCE ON THE SITE OR ANY CONTENT PROVIDED THEREIN; ANY ACTION TAKEN OR NOT TAKEN BY BOSCH WITH RESPECT TO THE FORUM SITE.

BY USING THE FORUM SITE, YOU AGREE THAT BOSCH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY CLAIMING THROUGH YOU FOR, AND YOU HEREBY RELEASE BOSCH, ITS AFFILIATES AND THEIR RESPECTIVE EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, LOSS OF PROFIT, LOSS OF BUSINESS OPPORTUNITY OR ANY OTHER LOSS (OR EVEN IF BOSCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH BOSCH’S OPERATION OR YOUR USE OF THE FORUM SITE. 

Additional Disclaimers.  Bosch sponsors BeThePro.com Forum, operates the Forum Site, and provides the services at its cost and discretion, and only within its own technical and operational capabilities and resources.  Nothing will obligate Bosch to continue to sponsor the BeThePro.com Forum or to continue to make available the Forum Site, and Bosch may, at any time, without notice, limit or eliminate any services or features of the BeThePro.com Forum and Forum Site.  Notwithstanding any monitoring activity or efforts of Bosch, its employees or representatives, including BeThePro.com Forum moderators, Bosch is not responsible for the content or tone of any user’s post, or for any information or advice provided, or any view or opinion expressed by any user, including any post that violates these Terms of Use.  

Choice of Law and Dispute Resolution.  These Terms of Use will be construed, interpreted and enforced in accordance with the laws of the State of Illinois, without regard to any conflicts or choice-of-law principles that may direct the application of the laws of another jurisdiction.  All disputes, claims and causes of action arising out of or connected with Forum Site and/or these Terms of Use will be resolved individually, without resort to any form of class action; any and all claims, judgements and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating, but in no event attorneys’ fees; and user hereby waives any and all rights to have damages multiplied or otherwise increased, or to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

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