Update regarding the CommunityBound/My Mountain Town Dispute

ScienceChic wrote: Curious. How exactly have I violated the Non-Compete clause Thepill?

You copied the entire site including the users base to a site competing with the site you rented the right to use.

While the language could be more clear and state you wouldn't compete during the term, the intent of the language that you agreed to was not to compete with CB until the 366th day after the end of your relationship with CB.

This is case is no different than getting the rights use my and market my Gizmo for 3 years. Part way through the agreement you become dissatisfied and instead of terminating the relationship or building a brand new Gizmo, you copied all aspects of my Gizmo and called Gozmo. You didn't own Gizmo and you didn't have the right to take everything in Gizmo.


If you had set up a different website (not taking any post, user accts or advertisers) then terminated your agreement with CB and claimed breach (with supporting facts) then you of had a much stronger case and likely not find yourself paying lawyers and going to court.

homeagain wrote: So, it seems that WELL defined contacts are the problem......interpretation is ALWAYS an issue.

The old adage comes to the forefront......"Oh no, not ANOTHER learning experience"....(I am
sadden that this saying is apparently appropriate.)......I am awaiting a constructive and correct
resolution to this confusion.....take a seat, state your concerns and come to a consensus.....
and ELIMINATE the costly outlay of cash.....JMO

IF thePill's posts are ACCURATE.......then I would encourage ALL concerned to cowgirl up and
cease the senseless outlay of cash.......

IF thePill's posts are ACCURATE.......then I would encourage ALL concerned to cowgirl up and
cease the senseless outlay of cash.......

or.......you could read the documents YOURSELF and come to your own independent conclusion.

Having SPOKE directly to SC.....there is NEBULOUS verbiage involved.......which is then problematic.

frogger wrote: or.......you could read the documents YOURSELF and come to your own ignorant conclusion.

Fixed it for you!
When's the court date, SC? :pop

lol Man, it's hard to resist looking at the documents but thus far I have. lol

My only comment would be in reference to the text of the Flume article:

"(P)art of the contract dispute centers around stipulation No. 10 in the contract. It states: “Change in Affiliate Business. Affiliate shall immediately notify Communities Bound of any significant change to the nature and/or management of any of its Bound Sites that may affect the terms and conditions of this Agreement.”

Ummm....I only see a requirement for "notice," is the word "consent" written in invisible ink?

Why are you resisting reading the contract?

I'm eager for any distraction, but trying to stay focused on my own problems. lol
Divorced last year after 30-year marriage, just now my life sucks big time.

Gotcha. You are right about section 10 but section 11 is the non compete clause and, if you read it and look at what was done, I could see where it could go either way.