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PostPosted: Fri Sep 13, 2013 3:49 pm 
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Joined: Thu Apr 08, 2010 7:23 pm
Posts: 16686
Location: Colorado
285 Bound Members:

As promised we are now able to disclose our side of this dispute with Ms. Trilk. We apologize for the delay. During this dispute we decided not to play out legal and private business dealings publicly whether Ms Trilk decided to or not.

To start with, Communities Bound went into what we believed were good faith efforts and legal expense to negotiate with Ms. Trilk about her material breach of contract/agreement. We have bent over backwards to be fair with her including going into negotiation in the first place, as we have tort and contract claims that we absolutely have a right to pursue. We also offered binding arbitration. It was all met with repeated delays and our request for arbitration was refused not just once but 3 times. It appeared to us that gaining public opinion with delays was more important to her than actually working out an agreement.

So, we have now left the negotiation phase and we are moving forward with legal remedies available to us, including getting our copyrighted and trademarked property back. As of this week, Ms. Trilk is no longer an affiliate of Communities Bound and is required to return all 285 Bound property immediately.

Key facts and details, before and after this situation, were not disclosed to us or to the public by Sharon Trilk.

Such as, we did not know anything about a new domain name, we also knew nothing about our 285bound.com url (owned by us) being used to market another website. We were literally shocked when we saw, along with everyone else, the forum was shut down and there suddenly was a link on our system directing the members to a new site. In addition, the data was taken from a backup system not meant to transfer data. Members suddenly found themselves and their data on a new site and this breach of privacy and public trust was very upsetting for all involved. We own 285Bound.com/285 Bound and it was never an option to shut it down.

Both the URL and business trade name, registered with the State of Colorado, are and shall remain the property of Communities Bound. In addition, this new generic URL appears to be an attempt to compete with Communities Bound and other bound sites. This is in breach of a non compete clause in the contract.

To clear up a claim by Ms Trilk that we approved this "move" with an email sent by me to her in January (over 6 months ago): The context of the entire email regarded issues we were having with some rules we were asking her to follow regarding our IP address and servers. If those rules were not followed we were in danger of having our IP address shut down which in turn would shut down all of our sites. I was letting her know that if she did not want to follow those rules she may have the option of staying on our network with her own server. Of course knowing a new agreement would be needed if that were to happen.

285 Bound will continue to be here for the community's continued use, discussion and emergencies, etc. going forward. I will personally assure that fires are covered as I have in the past. We will continue to do what is necessary to protect our brand, our members and affiliates.

We want to thank our members and other affiliates for being so patient though this problem.

My Mountain Town is not the new 285 Bound.

Robyn Honsey
Communities Bound CEO

_________________
Owner, CEO and Founder of http://www.communitiesbound.com and http://www.285bound.com
Graphics Design at http://www.gorgeouslygraphic.com
Colorado Native.

Check a fact before it becomes a fact.


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