Terms/Conditions
Terms of Use
1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the Adjack.tv domain name, the “AdJack Website”, or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), and (2) AdJack’s privacy policy incorporated here by reference. If you do not agree to any of these terms, or the AdJack privacy policy please do not use the AdJack Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. AdJack may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. AdJack Website
A. These Terms of Service apply to all users of the AdJack Website, including users who are also contributors of video content, information, and other materials or services on the Website. The AdJack Website includes all aspects of AdJack.
B. The AdJack Website contains links to third party websites that are not owned or controlled by AdJack. AdJack has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, AdJack will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve AdJack from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the AdJack Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. AdJack Accounts
A. In order to access some features of the Website, you will have to create an AdJack account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information and maintain and promptly update the information to keep it true, accurate, current and complete. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify AdJack immediately of any breach of security or unauthorized use of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or AdJack has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AdJack may suspend or terminate your account, remove your uploaded content, and refuse any and all current or future use of the Website (or any portion thereof).
B. Although AdJack will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AdJack or others due to such unauthorized use.
4. General Use of the Website — Permissions and Restrictions
AdJack hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to Sweepstakes Creative (defined below), without AdJack’s prior written authorization.
B. You agree not to alter or modify any part of the Website or any of its related technologies.
C. You agree not to access Sweepstakes Creative (defined below) or AdJack Content through any technology or means other than the video playback pages of the Website itself, or other explicitly authorized means AdJack may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of AdJack. Prohibited commercial uses include any of the following actions taken without AdJack’s express approval:
• sale of access to the Website or its related services on another website;
• use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the AdJack website or any third-party website, targeted to the content of specific Sweepstakes Creative or AdJack content;
• and any use of the Website or its related services that AdJack finds, in its sole discretion, to use AdJack’s resources or Sweepstakes Creative with the effect of competing with or displacing the market for AdJack, AdJack content, or its Sweepstakes Creative.
E. Prohibited commercial uses do not include:
• uploading an original video to AdJack to promote your business or artistic enterprise;
• any use that AdJack expressly authorizes in writing.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the AdJack servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, AdJack grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. AdJack reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Sweepstakes Creative.
G. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
You agree to not use Adjack to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other Adjack information without prior express written consent of Company;
f. obtain or attempt to obtain through any means any materials or information on the Service that has not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Site;
g. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means;
i. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
j. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
k. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
l. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
m. take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service;
n. violate any measure employed to limit or prevent access to the Site or its content;
o. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
p. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
q. “stalk” or otherwise harass another; and/or
r. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above;
You agree that you will NOT post, place, upload or transmit any of the following material or obtain any such material using Adjack: (a) Content involving nudity, including nudity or partial nudity of children of any age; (b) Content that exploits children or minors or that discloses any personally identifying information about persons under the age of 18; © content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment; (d) Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity; (e) Content promoting or providing instructional information about illegal activities; (f) Content depicting cruelty to animals; (g) Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable; (h) Any material sent from an anonymous or false address; (i) Any other material that could give rise to any civil or criminal liability under applicable law.
You acknowledge, consent and agree that Adjack may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; © respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Adjack, its users and the public.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Adjack and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.
J. AdJack reserves the right to discontinue any aspect of the AdJack Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the AdJack Website.
A. The content on the AdJack Website, except all Sweepstakes Creative (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to AdJack, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. AdJack reserves all rights not expressly granted in and to the Website and the Content.
B. You may access Sweepstakes Creative solely:
• for your information and personal use;
• as intended through the normal functionality of the AdJack Service; and
• for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the AdJack Service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Sweepstakes Creative for any purpose or in any manner other than Streaming is expressly prohibited. Sweepstake Creative are made available “as is.”
C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the AdJack Service. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the AdJack Service or otherwise as prohibited under this Agreement.
D. You may access AdJack Content, Sweepstakes Creative and other content only as permitted under this Agreement. AdJack reserves all rights not expressly granted in and to the AdJack Content and the AdJack Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of Sweepstakes Creative of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the AdJack Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the AdJack Website or the Content therein.
G. You understand that when using the AdJack Website, you will be exposed to Sweepstakes Creative from a variety of sources, and that AdJack is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Sweepstakes Creative. You further understand and acknowledge that you may be exposed to Sweepstakes Creative that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AdJack with respect thereto, and agree to indemnify and hold AdJack, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
H. Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party. You agree that Adjack shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.
6. Your Sweepstakes Creative and Conduct
A. As an AdJack account holder you may submit video content (“Creative”) and textual content (“User Comments”). User Videos and User Comments are collectively referred to as “Sweepstakes Creative.” You understand that whether or not such Sweepstakes Creative is published, AdJack does not guarantee any confidentiality with respect to any Sweepstakes Creative.
B. You shall be solely responsible for your own Sweepstakes Creative and the consequences of posting or publishing them. In connection with Sweepstakes Creative, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize AdJack to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Sweepstakes Creative to enable inclusion and use of the Sweepstakes Creative in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your Sweepstakes Creative. However, by submitting Sweepstakes Creative to AdJack, you hereby grant AdJack a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Sweepstakes Creative in connection with the AdJack Website and AdJack’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the AdJack Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the AdJack Website a non-exclusive license to access your Sweepstakes Creative through the Website, and to use, reproduce, distribute, display and perform such Sweepstakes Creative as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in Sweepstake Creative terminate within a commercially reasonable time after you remove or delete your Sweepstake Creative from the AdJack Service. You understand and agree, however, that AdJack may retain, but not display, distribute, or perform, server copies of Sweepstakes Creative that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with Sweepstakes Creative, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AdJack all of the license rights granted herein.
E. AdJack does not endorse any Sweepstake Creative or any opinion, recommendation, or advice expressed therein, and AdJack expressly disclaims any and all liability in connection with Sweepstakes Creative. AdJack does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and AdJack will remove all Content and Sweepstakes Creative if properly notified that such Content or Sweepstake Creative infringes on another’s intellectual property rights. AdJack reserves the right to remove Content and Sweepstakes Creative without prior notice.
7. Account Termination Policy
A. AdJack will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.
B. AdJack reserves the right to decide whether Content or a Sweepstake Creative is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AdJack may remove such Sweepstakes Creative and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
8. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any Sweepstake Creative or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512©(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted 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;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
AdJack’s designated Copyright Agent to receive notifications of claimed infringement is: David Boland, 117 Lugar de Oro, Santa Fe, NM 87501, email: copyright@AdJack.tv fax: 866-894-3947. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ADJACK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ADJACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ADJACK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ADJACK WEBSITE. ADJACK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ADJACK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ADJACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL ADJACK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ADJACK WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ADJACK SHALL NOT BE LIABLE FOR SWEEPSTAKES CREATIVE OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by AdJack from its facilities in the United States of America. AdJack makes no representations that the AdJack Website is appropriate or available for use in other locations. Those who access or use the AdJack Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless AdJack, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the AdJack Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Sweepstakes Creative caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the AdJack Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the AdJack Website is not intended for persons under 18. If you are under 18 years of age, you may view the videos but may not enter the sweepstakes.
13. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AdJack without restriction.
14. General
You agree that: (i) the AdJack Website shall be deemed solely based in New Mexico; and (ii) the AdJack Website shall be deemed a passive website that does not give rise to personal jurisdiction over AdJack, either specific or general, in jurisdictions other than New Mexico. These Terms of Service shall be governed by the internal substantive laws of the State of New Mexico, without respect to its conflict of laws principles. Any claim or dispute between you and AdJack that arises in whole or in part from the AdJack Website shall be decided exclusively by a court of competent jurisdiction located in Santa Fe County, New Mexico. These Terms of Service, together with the Privacy Notice and any other legal notices published by AdJack on the Website, shall constitute the entire agreement between you and AdJack concerning the AdJack Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and AdJack’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. AdJack reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the AdJack Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ADJACK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ADJACK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.