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Terms of Use

ArboristSite.com Terms of Use

ArboristSite.com is owned and operated by Johnson Management, Inc., a Colorado corporation.

Description of Services.

ArboristSite.com (“We”, “Us”, “Our”) provides online forum services (“Services”) for the arborist industry. These Services include all content and media on ArboristSite.com. Content includes but is not limited to all public and private discussions, forums, emails and messaging. Johnson Management, Inc. reserves the right to change or update these Terms of Use at any time without prior notice. As a result you will need to check the Terms of Use every time you visit, to view any changes.

Acceptance of Terms.

You agree that your use of ArboristSite.com and the Services provided as a guest (unregistered), as a member (registered) or as a sponsor are subject to these Terms of Use. You are only authorized to use ArboristSite.com if you agree to abide by all applicable laws and to these Terms of Use. Please read this agreement carefully. These Terms of Use shall remain in full force and effect while you use ArboristSite.com and the Services it provides. You may terminate your membership and participation at any time and for any reason. If you do not agree with these terms, please do not register.

Content on ArboristSite.com

By posting, publishing, uploading or displaying content, digital media, information, web links, comments, images, text files, photographs, videos, works of authorship, messages, communications or any other materials (collectively, "Content") of any kind on ArboristSite.com, you grant Johnson Management, Inc. an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, edit, move, distribute, transmit, display, perform, adapt and publish any such Content for any purpose on or through ArboristSite.com via any media channels now known or later developed, without notice. You represent and warrant that you own the Content posted by you on ArboristSite.com or otherwise have the proper authorization to grant this license. You agree to pay for all royalties, fees and any other monies owing any person or entity by reason of any Content posted by you on ArboristSite.com. All Content you submit or upload may be reviewed by staff members. All Content you submit or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any Content that you consider to be private or confidential.You are not permitted to take another user's Content and reproduce it in any manner without the prior written consent of Johnson Management, Inc. Requests for Content to be removed or modified will be undertaken only at the discretion of Johnson Management, Inc.

Forum Rules.
  1. Posts are to be made in the relevant forum. Users are asked to read the forum descriptions before posting. Users consistently posting to the wrong forum may be given a warning.
  2. Members should post in a way that is respectful of other users. Flaming or abusing users in any way will not be tolerated and will lead to a warning.
  3. Members are asked not to act as "back seat moderators". If members note an issue which contravenes something in these Terms of Use they are welcome to bring it to the attention of a member of the moderation team. Please use the "Report " feature to report posts. DO NOT RESPOND TO SUCH TOPICS YOURSELF. Members who constantly "act" as moderators may be warned.
  4. Members should remember this board is aimed at a general audience. Posting pornographic or general offensive text, images, links, etc. will not be tolerated and will lead to a warning.
  5. “Trolling” is not permitted - posting controversial (sometimes off-topic) messages with the intent of baiting other users to reply will result in a warning.
  6. Members should post in a way which is consistent with “normal writing”. That is, users should not post excessive numbers of emoticons, large, small or coloured text, etc. Similarly users should not SHOUT or use excessive punctuation (e.g. ! and ?) in topic titles or posts. Users consistently abusing this will be warned.
  7. Members should use an appropriate, descriptive subject when posting a new topic. Examples of bad subjects include; “Help me!”, “Wanted”, “I’ve got an error.”, etc. Examples of good subjects include; “Stihl 046 Wanted”, “Getting 403 Forbidden Error upon login”, etc.
  8. Spam is not tolerated on ArboristSite.com under any circumstance. Recruiting members, moderators or sponsors for a competing forum is not permitted and is also considered spam. Users posting spam will be warned and their post removed.
  9. Advertising in any form without a sponsorship of ArboristSite.com is strictly forbidden. You will receive only one warning to remove your advertisement. Failure to comply after the one warning and one day will result in a permanent ban or until arrangements are made for a sponsorship.
  10. Members are asked not to disclose third party contact information (e.g. Legal names, addresses or phone numbers).
  11. The moderating, support and other teams reserve the right to edit, remove or put on moderation queue any post at any time. The determination of what is construed as indecent, vulgar, spam, etc. is noted in these points is up to ArboristSite.com team members and not users.
  12. 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.
Signatures
  1. Be respectful of signature size. Please try to keep signatures to five lines of normal sized text OR a single image that is no more than 60 px high and 468 px wide in size and one line of small sized text. The font size of signatures should be normal or small only.
  2. Signatures containing an image of 30 px in height should only include up to two lines of normal text or three lines of small text. Images 15 px or below in height should only contain up to three lines of normal text or four lines of small text.
  3. Content in signatures should be consistent with normal writing and abide by the general forum etiquette. You may not include hidden text or links for information that suggests you offer product or services with out being a sponsor of ArboristSite.com
  4. Links may not link to pornographic, racist or other similar extremist sites. ArboristSite.com team members and users affiliated with ArboristSite.com and maintenance of ArboristSite.com are allowed further additional links to aid support of the site.
  5. Remote signature images just have a consistently high availability to ensure page load times are not affected.
  6. Users abusing these rules will be warned or have their signature privileges revoked.
Avatars
  1. Avatars must not contain animation or include graphics which attempt to portray the ranks or avatars of ArboristSite.com Team Members.
  2. Remote avatars must have a consistently high availability to ensure page load times are not affected.
  3. Avatars are subject to the same conditions as post with respect to the general forum etiquette.
  4. Users abusing these rules will be warned or have their avatar privileges revoked.
Linking OffSite
  1. Members may include or post links to third party sites in an affort to render support for a topic being discussed on ArboristSite.com.
  2. Members are not permitted to post links to any competing forum homepages or to where linked material is not relevant to a given topic.
Policing
  1. ArboristSite.com operates a three strike policy. Users will be warned a maximum of 2 times for any and all offenses in a three month period. If the need arises for a 3rd warning, a temporary ban will be put in place of between 1 to 7 days.
  2. Arguing with team members after receiving a warning will lead to an immediate additional warning. Should this exceed three strikes a temporary ban will be put in place as above.
  3. Team members have the right to implement longer bans if they feel it is necessary. No permanent bans will be given without approval by Johnson Management, Inc.(represented by usernames Darin and Mrs. ArboristSite).
  4. Users who feel they have been unfairly warned are welcome to contact the relevant team leader, e.g. if warned by a moderator you should contact Darin or Mrs. ArboristSite (usernames). IF the relevant team leader feels you were treated badly they will remove the warning.
  5. Any attempt to circumvent a temporary ban or other moderator action will lead to a permanent ban of your account(s). Circumvention includes re-registering or using an already registered account under a non-banned username. Other examples include changing IP addresses, using a new email account or other action that can be taken to evade moderator action to hide your identity as the owner of the sanctioned account.
Disclaimers and Limitations on Liability.

ArboristSite.com contains Content published and posted by users and links to third party websites. User Content does not necessarily reflect the opinions and policies of Johnson Management, Inc. When you access third party websites, you do so at your own risk. Third party links published or posted by users or sponsors do not constitute or imply an approval or endorsement by Johnson Management, Inc. Johnson Management, Inc. does not guarantee the accuracy of information posted by users of ArboristSite.com. All Content on ArboristSite.com is provided "as is" and without warranty. Under no circumstances shall Johnson Management, Inc. be responsible for any loss or damage, including personal injury or death, resulting from the use of ArboristSite.com, or from the conduct of users of ArboristSite.com whether online or offline. Johnson Management, Inc. is not responsible and shall have no liability to you or to any third party, with respect to any content posted by any users on ArboristSite.com. Johnson Management, Inc.'s total cumulative liability under this agreement shall not exceed the greater of $500 and any fees/payments received by Johnson Management, Inc. from you for using ArboristSite.com or the services it provides, including advertising. If you are a California resident, you waive California Civil Code Section 1542, which states , in part: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing this release, which if known by him must have materially affected his settlement with the debtor." You acknowledge and agree that Johnson Management, Inc. would not have posted ArboristSite.com burtt for these disclaimers of liability, and agree that the terms are reasonable.
Johnson Management, Inc. does not warrant that ArboristSite.com is free of viruses or other harmful components or that the site will function uninterrupted or free from errors.

Unlawful or Prohibited Use.

Use of ArboristSite.com that could damage, disable, overburden, or impair any of the site's servers or networks connected to any of the site's servers, or interfere with any other party's use and enjoyment of ArboristSite.com is strictly prohibited.
Any attempt to gain unauthorized access to any of the services offered by ArboristSite.com, other accounts, computer systems or networks connected to any ArboristSite.com server through hacking, password mining or any other means will be investigated and any information found will be provided to the appropriate authorities.
Use of Content, user information or sponsors in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, exploitive or unsolicited messages will not be tolerated and will result in denial of access to ArboristSite.com.

Copyright Complaints.

Materials may be made available on ArboristSite.com by third parties not within our control. Johnson Management, Inc. respects the intellectual property rights of others and we ask the users of ArboristSite.com and its sponsors do the same. It is our policy not to permit materials known to Johnson Management, Inc. to infringe on another party's copyright to remain on ArboristSite.com. If you believe that your work has been copied and is accessible on ArboristSite.com in a way that constitutes copyright infringement, or that ArboristSite.com contains links or other references to other online locations that contain material or activity that infringes your copyright rights, you may notify Johnson Management, Inc. by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512) to our administrators at :
Johnson Management, Inc.
arboristsite@gmail.com
Fax (888)301-5669

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  2. Identification of the copyright work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonable sufficient to permit Johnson Management, Inc. to locate material.
  4. Information reasonably sufficient to permit Johnson Management, Inc. to contact the complaining party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that user of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Jurisdiction and Disputes.

These Terms of Use are governed by the laws of Jefferson County in the State of Colorado, USA, without regard to its conflicts of laws provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of ArboristSite.com or the services it provides, your breach of these Terms of Use and/or arising from any breach of your representation and warranties set forth in these Terms of Use. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Jefferson County in the State of Colorado. The parties waive the right to trial by jury.
Any claim with respect to your use of ArboristSite.com and the services it provides must be brought within one (1) year of the date the claim arises. If any provision of these Terms of User is held unenforceable, the remaining provisions will be enforced to the maximum extent possible. In the event Johnson Management, Inc. is forced to enforce its rights against you, in addition to any other remedies, you agree to pay Johnson Management, Inc.'s reasonable cost, including attorney's fees and costs of suit.

Updated 4/15