Last Updated: October 16, 2025
These Terms of Service ("Terms") set forth the legal obligations between you and Not Average Ventures LLC ("Not Average," "we," "us," or "our"). They apply to your access and use of our websites, services, and other related products (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our Services.
DEFINITIONS
"Not Average," "we," "us," "our" refer to Not Average Ventures LLC, a limited liability company registered in the State of New Mexico, United States.
"You," "your" refer to the individual or legal entity using our Services.
If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization, and "you" will refer to that entity.
ACCEPTANCE OF TERMS
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy at https://notaverage.media/privacy, which are incorporated herein by reference.
RESTRICTIONS OF USE
You agree to use our Services in compliance with all applicable laws and only for lawful purposes.
You must not, and must not attempt to or encourage others to:
* Access or interfere with another user’s account, data, or non-public areas of our systems.
* Infringe any intellectual property or proprietary rights of Not Average or third parties.
* Transmit viruses, malware, or malicious code.
* Scrape, copy, or reverse engineer our Services without written consent.
* Use the Services to engage in any unlawful, fraudulent, or harmful activity.
* Misuse reporting, contact, or communication mechanisms provided by Not Average.
Any violation of these restrictions may result in immediate suspension or termination of access.
TERMINATION
Your Right to Terminate:
You may stop using our Services at any time. To terminate this agreement, discontinue all use of our Services and delete any accounts or related data, if applicable.
Our Right to Terminate:
We reserve the right, at our discretion and subject to applicable law, to suspend or terminate your access to all or part of our Services with or without prior notice, including (but not limited to) when:
* You breach these Terms or any applicable policy.
* We are required to do so by law or a court order.
* We believe termination is necessary to protect you, us, or third parties.
* Continued access could pose risk, liability, or reputational damage to Not Average.
Where reasonable or legally required, we will provide notice prior to termination.
INDEMNIFICATION
If you are using our Services on behalf of a business or other legal entity, you agree to indemnify, defend, and hold harmless Not Average Ventures LLC and its members, affiliates, and employees from any claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees) arising out of or related to:
(a) your access to or use of the Services;
(b) your content or communications; or
(c) your violation of these Terms or applicable law.
INTELLECTUAL PROPERTY AND COPYRIGHT
All materials, designs, software, text, images, graphics, and other content within the Services are the exclusive property of Not Average Ventures LLC or its licensors and are protected by U.S. and international intellectual property laws. You may not reproduce, distribute, or create derivative works without prior written permission.
We respect intellectual property rights and expect users to do the same. To report an infringement, contact: legal@notaverage.media
SERVICES "AS-IS"
TO THE FULLEST EXTENT PERMITTED BY LAW, NOT AVERAGE, ITS AFFILIATES, AND THEIR SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR
IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IN SUCH CASES, THESE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
WE DO NOT EXCLUDE OR LIMIT LIABILITY WHERE IT WOULD BE UNLAWFUL TO DO SO. IN JURISDICTIONS WHERE CERTAIN EXCLUSIONS ARE NOT PERMITTED, WE ARE RESPONSIBLE ONLY FOR LOSSES THAT ARE REASONABLY FORESEEABLE DUE TO OUR FAILURE TO EXERCISE REASONABLE CARE OR A MATERIAL BREACH OF THESE TERMS. THE INFORMATION PROVIDED THROUGH OUR SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. NOT AVERAGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH INFORMATION, AND YOU USE IT AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT AVERAGE, ITS AFFILIATES, AND ANY PARTIES INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OTHER THAN LIABILITIES THAT CANNOT BE LIMITED BY LAW, NOT AVERAGE’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
(a) THE AMOUNT YOU PAID TO NOT AVERAGE IN THE THREE MONTHS PRECEDING THE CLAIM, OR
(b) $100 USD.
NOT AVERAGE IS NOT RESPONSIBLE FOR THE CONDUCT OR CONTENT (ONLINE OR OFFLINE) OF ANY USER OF THE SERVICES.
THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION FORM A FUNDAMENTAL BASIS OF THE AGREEMENT BETWEEN YOU AND NOT AVERAGE.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW MEXICO, UNITED STATES, WITHOUT REGARD TO CONFLICT-OF-LAW PRINCIPLES. ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN ALBUQUERQUE, NEW MEXICO.
WE MAY UPDATE OR MODIFY THESE TERMS AT ANY TIME BY POSTING THE REVISED VERSION ON OUR WEBSITE. THE "LAST UPDATED" DATE AT THE TOP INDICATES WHEN THE TERMS WERE MOST RECENTLY REVISED. CONTINUED USE OF THE SERVICES AFTER CHANGES CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS.
Contact Information:
For questions regarding these terms, contact:
HELLO@NOTAVERAGE.MEDIA
NOT AVERAGE VENTURES LLC
1209 MOUNTAIN ROAD PL NE STE N
ALBUQUERQUE, NM 87110
UNITED STATES