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Forum Policies
Please read carefully.
This virtual Community was created to serve as a venue for exchange of knowledge and resources among users. To ensure the forum’s effectiveness as a communal tool, Civil Split™LLC shall enjoin users to abide by the following RULES AND REGULATIONS of use:
FORUMS TERMS OF USE
In an ideal world, everybody behaves respectfully with regard to the work of other people in the community. Our job is to bring users the best, most timely presentation of current communication, and to protect the user body as a whole. Frankly, we don't want to spend our time policing what users do; however, it is important that the integrity of the forum is maintained for the benefit of all individual users. The following is a statement which we put in a public space of the forums:
In a complicated and wordy way, it asks you to behave in a reasonable, courteous, and respectful way towards the people and content you encounter in the Civil Split™LLC forums.
We tend to be optimists. We think you won't have any problems doing just that.
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| 1) |
General Behavior Guidelines for Members |
| a) |
Civil Split™LLC asks that Users observe the same common courtesies that they would observe at any face to face academic or professional gathering (or that people would expect them to observe!). Users should avoid ad hominem attacks (criticisms that are aimed at the person rather than at the ideas being espoused). Civil Split™LLC reminds Users that, because tone of voice and facial expressions do not easily travel over the Internet, the intent of a message can easily be misinterpreted by others. Civil Split™LLC request that Users make the effort to type those extra few words that can change what would otherwise be a rude message into a polite, but vigorous questioning of an idea or concept. |
| 2) |
Forum Rules |
| a) |
Posts are to be made to a relevant forum and keep posts applicable to the thread topic. Users are asked to read the forum descriptions before posting. Users consistently posting to the wrong forum may be given a warning (see policing below). Off topic posts or posts made in incorrect areas will be moved or deleted at the Administrator/Moderator’s discretion. |
| b) |
Additionally, keep conversations relevant to this site. There are many other places on the internet to discuss politics, religion, current events, and other issues that have nothing to do with matters pertinent to Family Law activities. The Administrator/Moderator reserves the right to decide when discussion relating to these topics is appropriate, and when it is not. |
| c) |
Prior to posting a query, take the time to use the forum search feature to determine if your question has already been discussed and answered by another member. We all know how smart everyone is and duplicate answers from multiple people just clutter up the forum. Accordingly, they may be deleted if found redundant and may lead to a warning being issued. |
| d) |
Users should post in a way that is respectful of other Users. Flaming or abusing users as a whole in any way will not be tolerated and will lead to a warning. Observe the three C’s of good manners - courtesy, civility, and consideration - at all times. We\'re here to support each other. |
| e) |
Users may not interfere with any other’s use and enjoyment of the Civil Split™LLC forum (for example, thru the use of libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, derogatory, negative or unbecoming remarks, posting private messages on public forums, harassing, threatening or stalking another participant of the forums, including the use of expressions of bigotry, racism, hatred, or profanity). Three complaints from separate users against a particular user shall constitute one offense under the 3-strike policy referred to below. |
| f) |
Posts should either ask a question or provide information. Do not post empty responses such as “Correct”, “Of No Surprise”, “Thank You”, “Well Said”, “I was trying to say that”, “Amen”, “I Agree”, “You said it”, “Of Course”. “Yes, I Know”. Comments such as these shall be considered “private communication” and fall under the rules and regulations referenced in Section 3 (Personal Communications) below. |
| g) |
Civil Split™LLC has established a forum Administrator/Moderator to manage this forum. If users note an issue which contravenes something in this policy document, they should bring it to the attention of the Board Moderator. Users are asked to not act as "back seat moderators". |
| h) |
Users should remember this board is aimed at a professional audience. Posting generally offensive text, images, links, etc. will not be tolerated and will lead to immediate exclusion. |
| i) |
Users are asked to respect the copyright of other users, sites, media, etc. |
| j) |
Users should respect the bandwidth of other users and sites. The use of inline ([img][/img]) image tags pointing to data stored on third party systems for which the user has not received permission to link to may be removed. |
| k) |
Users should post in a way which is consistent with "normal writing". That is, users should not post excessive numbers of emoticons, large, small, or colored text, etc. Similarly users should not SHOUT (using ALL CAPS) or use excessive punctuation (e.g.! and ?) in topic titles or posts. |
| l) |
Users should use an appropriate, descriptive title when posting a new topic. |
| m) |
Spam is not tolerated here under any circumstance. Users posting spam will be expelled and their post removed. See specific item on spam and 3rd party linking for more information. |
| n) |
The Administrator/Moderator reserves the right to edit or remove any post at any time. The determination of what is construed as inappropriate, inflammatory, indecent, vulgar, spam, a violation of these forum rules and regulations, etc. as noted in these points is up to the Administrator/Moderator and not users. |
| o) |
The above forum rules where applicable also apply to private messaging. Abuse of the private messaging system may lead to warnings (as above) and/or the revocation of private messaging. |
| 3) |
Personal communications |
| a) |
“Private communications” refer to messages that are relevant or useful only to the persons to whom they addressed (e.g., “thank you” notes) and have little or no value to the other users. These types of messages should be addressed only to the initiator of the discussion, unless they serve as direct responses to specific questions, or contain ideas that may not directly address the subject at hand, yet are relevant or valuable to the discussion. Such messages may be deemed valuable to all users and can be posted on the public forum. |
| b) |
It will be up to the forum users themselves to alert the forum as to violations on personal communications. Users who feel someone has violated the rules and regulations of this forum are encouraged to address their complaint to Civil Split™LLC. |
| 4) |
Linking, Advertising, Spam |
| a) |
Linking is allowed at this time, however, only as a research tool and is to be limited to specific web pages that contain information applicable to the subject at hand. If this becomes a problem, individuals will be warned or linking disabled. |
| b) |
Advertising is not permitted within messages and doing so will result in a warning (see policing below). |
| c) |
Spam is defined in this context as any message that is not appropriate. That can mean anything from refinancing mortgages, advertising, off-topic messages such as chain-letter e-mails, and to posting the same message about a particular topic in every forum. To keep the quality of this resource to a high standard, spamming, of any kind, will not be tolerated and will result in expulsion and banning. |
| 5) |
Signatures |
| a) |
Signatures may contain up to five lines (one line being that displayed on a browser opened to 800px width) of text (of small or normal size) and/or one image, valid combinations include; a single image of no more than 60px high, 468px wide and 6KB in size. Signatures containing an image this large may also include one line of small size text. Signatures containing an image of 30px high may include up to three lines of small size text or two lines of normal size text. Images of 15px height or less may allow up to three lines of normal size text or four lines of small size text. |
| b) |
Text sizes should be between 9 and 12 (small and normal). Text in signatures is subject to the same conditions as posts with respect decency, emoticons, etc. |
| c) |
Links to personal sites containing appropriate material are permitted in signatures. Links to commercial sites, purely for advertising, are prohibited. Links included must be within the text and image limits stated above. Links to offensive sites will be removed. Users abusing these rules will be warned or banned. |
| d) |
Users should note this software and board are maintained on a voluntary basis. No one receives payment of any kind for time spent here. Users should therefore not post demands. Users who disrespect the work of others will be warned. |
| 6) |
Violations, Warnings, and Forum Restrictions (Bans) |
| a) |
Civil Split™LLC reserves the right to delete any message and/or restrict posting rights in our Forums for any reason whatsoever. |
| b) |
Civil Split™LLC will operate a three-strike policy. Users will be warned a maximum of three times for any and all offences in a three month period. If the need arises for a fourth warning a temporary ban will be put into place. |
| c) |
Arguing with the Administrator/Moderator after having received a warning will lead to an immediate additional warning. Should this exceed three strikes, a temporary ban will be put in place. |
| d) |
Users who feel they have been unfairly warned are welcome to contact Civil Split™LLC in writing. We will review the matter and can remove or sustain a warning at our discretion and the User shall be provided a decision within 10 days of receipt of the written request for review. In all circumstances, however, the decision of Civil Split™LLC is final. |
| e) |
Any attempt to circumvent a temporary ban will lead to that ban being made permanent. Circumvention includes re-registering under a non-banned username, changing IP addresses to evade an IP ban or registering a new email account to evade an email ban. |
| f) |
An exception to the three-strike rule applies when users contact Civil Split™LLC or Users personally (via any method) and post inflammatory, derogatory, insulting, indecent, or vulgar material. Such users may be subject to an immediate permanent ban. |
| g) |
Permanent bans (expulsions) are a last resort. While we may consider lifting permanent bans from time to time this shall be a rare occurrence. |
| 7) |
You understand and agree that: |
| a) |
Your use of the forums is at your own risk. The forums are provided on an “as is” and “as available” basis. |
| b) |
By posting you grant us the right to republish your posts as we wish. |
| c) |
Civil Split™LLC makes no guarantee that the forums will meet your requirements, or that the forums will be uninterrupted, secure, or error free. |
| d) |
Civil Split™LLC makes no guarantee that information obtained from the use of these forums will be accurate or reliable. |
| e) |
Civil Split™LLC is not obligated to monitor the forums although our goal is to try and maintain the integrity of the forum as much as possible and as such, has established a forum Administrator/Moderator. As such we make no guarantee that information posted to the forums will be free from offensive content and/or content that breaks the terms and conditions outlined here. Any failure to enforce a violation of the rules or regulations of this forum does not constitute a waiver of Civil Split™LLC’s right to do so and at any other time in the future. |
| f) |
Civil Split™LLC is not liable for any actions its users may take within the forums, whether in violation of these terms and conditions or California Law. While we will do our best to enforce appropriate and legal behavior it is not always possible to do so, and as such we will not be held accountable for any inappropriate, offensive, or illegal actions our users might take. |
| g) |
Any material downloaded or otherwise obtained through the forums is obtained and used at your sole risk and discretion, and you will be solely responsible for any damage to your computer, or loss of data that results from the download of any such material. |
| h) |
No advice or information, whether oral or written, obtained by you through or from the forums shall create any guarantee from Civil Split™LLC, or change any of the conditions outlined in this agreement. |
| i) |
Civil Split™LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, use, data, or other intangible losses (even if Civil Split™LLC has been advised of the possibility of such damages), resulting from the use or the inability to use any part the forums, and/or any services, data, goods, affiliate businesses, or promotions or any other matter related to the forums. |
| j) |
As a user, you agree to indemnify, defend, and hold harmless Civil Split™LLC, its affiliates and members from any liability, loss, claim, and expense (including attorneys\' reasonable fees) related to (1) User’s violation of this Agreement, and (2) User’s posting of material to these forums. |
| k) |
You agree to indemnify and hold Civil Split™LLC, and its affiliates, harmless from any claim or demand, including fees, made by any third party due to or arising out of content you submit, post, receive or transmit in the forums, your connection to the forums, your violation of the law, this agreement, or the rights of another, |
| 8) |
Account Termination |
| a) |
You agree that Civil Split™LLC, in its sole discretion, may terminate your account (or any part of it) or ability to use the forums, and edit or remove and discard any content posted by you within the forums, for any reason or for no reason, including, without limitation, for lack of use, or for violating the terms and conditions laid out in this agreement. You agree that any termination of your access to the forums may be immediate and without prior notice. You further agree that Civil Split™LLC shall not be liable to you or any third-party for any termination of your use or ability to access the forums. |
| 9) |
Modification and Termination of the Forums |
| a) |
You understand that Civil Split™LLC reserves the right to modify or discontinue, temporarily or permanently, the forums and their use (or any part of them) with or without notice. You agree that Civil Split™LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the forums. |
| b) |
You understand that Civil Split™LLC may make improvements or changes in the information, services, products, and other materials on these forums, or terminate the forum, at any time without notice. Civil Split™LLC may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. Accordingly, User agrees to review this Agreement periodically, and User\'s continued use of these forums shall be deemed User\'s acceptance of the modified agreement. Notification of any such modifications will be distributed to registered Civil Split™LLC members via email and via electronic postings to the Civil Split™LLC site user area. |
| 10) |
Property Rights & Copyright Information: |
| a) |
You understand that all information posted in the forums, becomes the sole property of Civil Split™LLC. We reserve the right to delete, copy, move, edit, distribute, or sell this information as we see fit. |
| b) |
You understand that the contents of the forums, including all associated reviews, articles, pictures, graphics, and information, may not be reproduced, distributed, republished, downloaded, displayed, or transmitted in any form or by any means without the prior written permission of Civil Split™LLC. |
| c) |
You understand that you may link to, but not replicate, the content on the website. You must not frame the site within any other website, borders, or frames. |
| 11) |
Other Websites and Resources: |
| a) |
Members using the forums may provide links or access to other websites and resources. Civil Split™LLC has no control over such sites and resources. You acknowledge and agree that Civil Split™LLC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Civil Split™LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content. |
| 12) |
Entire Agreement |
| a) |
This Agreement constitutes the entire and only agreement between Civil Split™LLC and the User and supersedes any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to Civil Split™LLC, the content, information, goods and services provided by or through Civil Split™LLC, and the subject matter of this Agreement. |
| 13) |
General |
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This agreement and the resolution of any dispute related to this Agreement or Civil Split™LLC shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Civil Split™LLC’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Civil Split™LLC and the User related to this agreement shall be settled in the County of San Mateo, State of California as follows:
Mediation: the dispute will be submitted to an agreed-upon mediator with each party sharing the cost. Each party may be represented by an attorney at the mediation & each party will be responsible for their own attorney’s fees
Arbitration: If one of the parties is not willing to do mediation or mediation doesn’t resolve all the issues then the matter will be submitted to binding arbitration. The arbitrator must be a California attorney who specializes in mediation or arbitration or a retired California civil court judge. If the parties can’t agree on an arbitrator, a panel of three arbitrators will decide. Each party will choose an arbitrator (no particular professional background necessary) and those two arbitrators will appoint the third arbitrator who must be a California civil attorney or retired civil court judge. The cost of a single arbitrator will be shared. If a panel of three is used, each pays for their single arbitrator and both split the fees of the third arbitrator and other costs.
Each party is entitled to representation by an attorney and those fees will be paid by each party separately.
The arbitrator has the power to interpret the terms of this agreement, decide questions of their own jurisdiction, and settle disputes regarding the arbitrability of claims and the interpretation of the agreement. The arbitrator does not have the power to alter, modify, or terminate any provision of the agreement. The arbitration will be conducted under the rules of California Code of Civil Procedure.
The arbitrator’s decision is binding and final and not subject to review in any court and the parties are giving up their right to file a lawsuit, request a court to resolve the dispute (except to enforce arbitration), and the parties are giving up the right to trial or by a jury.
If an action is required to enforce the use of binding arbitration, the costs of such will be paid by the unsuccessful party.
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