Conduct Required for posting on the Forum:
It is a condition of your use in posting on the Forum that you do not:
- restrict or inhibit any other user from using and enjoying the Forum
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
- post or transmit comments containing antagonistic, harassing or offensive language, including racial slurs, rude or deliberately offensive comments; including the posting of specific malicious character attacks
- post or transmit any content which is sexually oriented or sexually suggestive
- engage in disruptive activities, including excessive use of scripts, videos, sound waves or scrolling (repeating the same message over and over)
- post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder
- post or transmit any information, software or other material which contains a virus or other harmful component
- post or transmit content that encourages or provides instructional information about illegal activities, in particular hacking, cracking or phreaking
- post or use the Forum for advertising or promoting your business or for-profit organization, or post threads which are blatant promotions for other companies
- send unsolicited advertisements to other users via private messages
- post or use the Forum to advertise garage/yard sales, with the exception of organized, sponsored community events
- post items for sale or trade
- solicit other users to use, join, become members of, or contribute money to any online blog, forum, service or other organization
- advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users
- impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity
- use the Forum to collect personally identifying information about other Forum users
- post or transmit personal or identifying information about another person without that person's explicit consent, including license plate numbers and links to other sites containing the personal information of others
- post or transmit information that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships
- post the same thread in more than one category
85239.com, at its sole and absolute discretion, shall determine whether any information transmitted or received violates these provisions.
85239.COM’S FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES.
85239.com values freedom of expression on our site, but we do not guarantee the right to free speech. We believe our community will thrive when there is freedom to present your opinions by way of constructive, respectful, responsible and tolerant dialogue.
Usernames, Avatars and Personal Information
Please refrain from choosing a username that may be offensive. If you choose a username that 85239.com deems obscene, indecent, abusive or which might otherwise subject 85239.com or any other party to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites and/or deny you access to 85239.com.
Forum users registered with an invalid or incomplete name and/or email address will be removed and/or banned from the Forum at the sole discretion of 85239.com.
Custom avatars/author icons (a picture, drawing or iconic image used to represent a user) are subject to the same conduct requirements listed above.
Categories
To enable more efficient use of the Forum, 85239.com has designated specific categories (e.g. Driving, Politics, Pets, etc.) to focus discussions and sharing of information about related subject matter. Members must place a specific post only once and only in the category best suited for the topic of discussion. Inappropriately placed threads will be moved without notice.
Advertising
85239.com advertisers are allowed to have a business-related screen name, avatar and a signature that includes their company name and the verbiage “Click here to view our business listing." with a link to their business listing. If advertisers also place an ad in classifieds, they can add the verbiage "See our ad in the classified section of 85239.com." All other advertising on the Forum is strictly prohibited.
85239.com is not responsible for content posted by members
85239.com is not responsible for the content posted by members or visitors on the Open Forum and in Private Message accounts. The opinions and views expressed by 85239.com's members or visitors do not necessarily represent those of 85239.com.
You acknowledge that 85239.com does not pre-screen or approve content, but that 85239.com shall have the right, but not the obligation, at its sole discretion to refuse, delete or move any content that is available via the Forum for violating the letter or spirit of the Terms of Use or for any other reason.
If you believe that any of the content posted by our members violates your proprietary rights, including copyrights, please contact our office.
Personal Profile Information
The personal profile information that you submit to 85239.com remains your property, but by submitting that information you grant 85239.com the right to use that information for internal marketing to members and direct e-mail marketing by 85239.com. We do not sell our member list. In addition, 85239.com reserves the right to release current or past member information in the event 85239.com believes that the membership is being or has been used in violation of these Terms of Use or to commit unlawful acts. By agreeing to the conditions of these Terms of Use, you hereby consent to disclosure of any record or communication to any third party when 85239.com, at its sole discretion, determines the disclosure to be appropriate.
Monitoring
You understand that 85239.com has no obligation to monitor the Forum. However, 85239.com reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Forum, for operational and other purposes. During monitoring, information may be examined, recorded, copied and used for authorized purposes in accordance with our Privacy Policy. Use of the Open Forum constitutes consent to such monitoring.
Limitation of Liability
85239.com makes no guarantee of availability of the Forum and reserves the right to change, withdraw, suspend or discontinue any functionality or feature of the Forum. IN NO EVENT WILL 85239.COM BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 85239.COM'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, 85239.COM'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON 85239.COM'S SITE FOR ANY REASON.
Modifications to this Agreement
85239.com reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
Termination of Service
You agree that 85239.com, at its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Forum (or any part thereof), immediately and without notice, and remove and discard any content within the Forum, for any reason, including, without limitation, if 85239.com believes that you have acted inconsistently with the letter or spirit of the Terms of Use. Further, you agree that 85239.com shall not be liable to you or any third-party for any termination of your access to the Forum. Banning from the site may effectively prevent an individual from posting under any additional usernames.
Indemnity
You agree to indemnify and hold 85239.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Forum, your use of the Forum, your violation of the Terms of Use, or your violation of any rights of another.
General Information
The Terms of Use constitute the entire agreement between 85239.com and you and govern your use of the Forum. The Terms of Use and the relationship between 85239.com and you shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. 85239.com and you agree to submit to the personal and exclusive jurisdiction of the courts located within Pinal County, Arizona. The failure of 85239.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Forum or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Violation of Terms
To notify the administrator of content which may be in violation of the Terms of Use, please send an email to forum@85239.com and/or call (520) 568-0040. Reporting violations via email or phone, rather than posting a public complaint or private message, will allow 85239.com to respond in a more timely manner.