Please note that this “PMMang.com” is owned by Yosif Limited New Zealand
23 November 2019
LEGAL TERMS OF WEBSITE USE PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
By accessing or using the website Yosif.co.nz and/or PMMang.com (the “Website”), you agree to abide by these Terms of Service (“Agreement”) prepared by Yosif Limited, a New Zealand limited liability company (“Company” or “Yosif Limited”). If you do not agree to abide by this Agreement, please do not access or use the Website. If you are accessing or using the Website on behalf of a business or other entity, by access or use, that business or entity accepts these terms and you warrant that you are authorized to accept these terms on behalf of such business or other entity. This Agreement is effective as of the date you access the Website and, each time you access or use the Website, you agree to abide by this Agreement as the date of such use or access. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please contact us at email@example.com. The Website includes a number of services regarding engine optimization (“Services”) which are made available after registration. You agree to provide accurate and current information for such registration, and to update such information completely and timely as needed. You agree not to deceive or obfuscate in making such registration. By accessing the Website or using the Services, you consent to have this Agreement provided to you in electronic form.
Yosif.co.nz and/or PMMang.com (hereafter, “Yosif Limited”) provides the Materials (as defined below) on this website (the “Website”) as a service to its users. All uses of the Materials or the Website are subject to the terms and conditions of this legal notice (the “Terms”). By viewing the Website or downloading any Materials from the Website, you agree to these Terms. If you do not agree to the Terms, do not view the Website or download any Materials from it. These Terms apply to all users of the Website, including both users that simply browse the Website, and users that have registered for an account on the Website (“Registered Users”). Note that some clauses in these Terms may apply only to Registered Users.
All users may browse the Website for personal entertainment and information. Registered Users may further use the Website to create online reviews and feedback, customize business review pages, monitor customer reviews, and utilize site review tools. Registered Users that are business owners may submit and upload documents, text, graphics, photos, sounds, music, videos, files and the like (“User Submissions”) for purposes of promoting reviews of their businesses on the Website.
You may download one copy of the Materials found on the Website on a single computer for your internal use only, unless specifically licensed to do otherwise by “Yosif Limited” in writing or as allowed by any license terms that accompany or are provided with individual Materials. Under these Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or; (b) use the Materials for any commercial purpose or any public display, performance, sale or rental, except with respect to the purposes of the Website to create, receive, monitor and evaluate customer review feedback or; (c) decompile, reverse engineer, or disassemble software Materials except to the extent permitted by applicable law; (d) remove any copyright or other proprietary notices from the Materials; (e) transfer the Materials to another person.
Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Website is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of “Yosif Limited”. “Yosif Limited” will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.
Description. We provide online reputation management and privacy related products and services (“Services”) for you or someone that you have designated to be the subject of the Services and for whom you will be held strictly responsible (the “Named Party”). The Services are described on the individual pages for each service, which can be accessed at https://www.yosif.co.nz and/or https://www.PMMang.com. We may, at our discretion, periodically change the description or content of our Services in order to reflect changes to the Service offerings and features, including, without limitation, to reflect enhanced capabilities, changes in the service terms, changes in regulatory requirements, and/or any other modification intended to improve the efficacy of the Services or better address a perceived need among our customers.
Orders. The online order form, online submission page, invoice, and/or engagement letter (the “Order”) will specify the Services that you are licensing or purchasing. By submitting an Order, you are submitting an offer to obtain the right to use the Services pursuant to the Terms set forth herein. . You must be the person, or an authorized representative of the person or entity, for whom you have requested that we perform Services (the “Named Party”), or you must otherwise indicate and verify with us that the person or entity for whom we will perform our Services has consented to your purchase of and our provision of the Services on his/her/its behalf. If the Named Party is a minor, in order to purchase Services, you represent and warrant that you are the parent or legal guardian of the minor for whom Services are purchased.
Privacy and Reputation Advocate. By placing an Order for Services, you authorize us to be your privacy and/or reputation advocate. As your privacy advocate, you authorize us to use the information you have provided to us, including personally identifying information, to search the Internet and the “deep Web” using any tools available and to find and remove your personal information from the Internet. As your reputation advocate, you authorize us to use optimization techniques to suppress unwelcome content and promote welcome content above unwelcome content on Internet search engines. In addition, you authorize us to contact third parties, including creators or aggregators of personal information or unwelcome content, hosts of personal information or unwelcome content, and other parties who might have control or authority over such content, and to take such actions as we deem appropriate to remove or suppress such content. You authorize us to take such action on your behalf and to identify ourselves as acting on your behalf. You recognize that such contact and techniques may have unpredictable side effects, including but not limited to negative responses from others. You agree to provide the information required for the Services and understand that, in most cases, the higher the quality of information provided by you, the better the results you will experience.
Content Publishing. If content publishing is included in the Services we provide to you, you authorize us to use the content, trademarks, logos, photos, videos, advertisements, information, and other materials provided or identified by you (the “Client Materials”) to create and publish Web content, including content that represents you or the Named Party on any websites we deem fit for the purposes of providing the Services. In addition, you hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable (in connection with an assignment of the Agreement), sub-licensable (as necessary to perform the Services) license to use, reproduce, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit any Client Materials as we deem appropriate to perform the Services. You agree to respond in a timely manner to our requests to review and approve information generated for you. You acknowledge and agree that we will own, subject to any Client Materials therein, all right, title, and interest in and to any materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services. We acknowledge and agree that you will own all right, title, and interest in and to any Client Materials.
Online Reviews and Ratings. If monitoring and managing your online reviews or ratings is included in the Services you order, you represent and warrant that: (a) you are authorized to provide us with any customer, patient, and user information that you provide to us in connection with such Services (the “Reviewer Information”), including any personally identifying information of those parties; (b) our possession and/or use of the Reviewer Information on your behalf in connection with the Services will not violate any contract, statute, or regulation; and (c) any content that you and/or your authorized representative(s) submit for publication on an online review or ratings website as a provider of goods or services will be true and accurate, are the original work of your authorship, and will only concern you and the goods and/or services that you provide.
Fees and Auto-Renewal. You agree to pay all fees specified on your accepted Order(s). You are responsible for providing complete and accurate billing and contact information to us and for notifying us of any changes to such information.
Refund Policy. We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with the product that you have purchased from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 60 calendar days of your purchase. After the 60-day period, you will no longer be eligible and won't be able to receive a refund. We encourage our customers to try the product (or service) in the first two weeks after their purchase to ensure it fits your needs. If you have any additional questions or would like to request a refund, feel free to contact us.
Refund Policy for Privacy Services: The annual or periodic fees paid for our Privacy Services (including Executive-Privacy Plus) are entirely non-refundable regardless of when the Service is cancelled or terminated.
Taxes, Late Fees and Penalties. You will be responsible for paying any applicable taxes related to each Order. If any fees due to us are not received by the due date, then we may charge you interest on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If the amount owing under any Order is thirty (30) or more days overdue, we may, without limiting our other rights and remedies, accelerate your unpaid fee obligations for the then-current term so that all such obligations become immediately due and payable, and suspend the Services until such amounts are paid in full
The Materials hosted on the Website are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein (“Marks”) (altogether referred to herein as “Materials”). The Materials are owned by or licensed to “Yosif Limited”, subject to copyright and other intellectual property rights under New Zealand and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Website. All rights, title, and interest in and to all aspects of the Website remain the sole property of “Yosif Limited” or its authorized third-party licensors and service providers.
THE MATERIALS AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. “Yosif Limited” and its suppliers further do not warrant the accuracy or completeness of the Materials. “Yosif Limited” may make changes to the Materials and the Website at any time without notice. “Yosif Limited” makes no commitment to update the Materials or the Website. Neither “Yosif Limited” nor its third-party licensors or service providers warrant that the Website or associated server computers are free of viruses or other harmful components. You solely (and not “Yosif Limited”) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Website.
“Yosif Limited” does not warrant that User Submissions or other content found on the Website are accurate, complete, reliable, current, or error-free. “Yosif Limited” PROVIDES NO WARRANTY OR INDEMINFICATION REGARDING USER SUBMISSIONS OR ANY USER BUSINESS OR CONSUMER USE OF THE WEBSITE, AND WILL NOT BE HELD LIABLE FOR SUCH IN ANY WAY HEREUNDER. All reviews and information posted on the Website are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over same.
IN NO EVENT SHALL “Yosif Limited” BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR WITH RESPECT TO ANY REVIEWS, EVEN IF “Yosif Limited” HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications and which are outside of our control. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site; (b) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (c) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
By transmitting or posting any User Submissions or Communications on the Website, you grant to “Yosif Limited” or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the User Submissions or Communications and any and all information contained therein. “Yosif Limited” and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the User Submissions or Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You agree that you are solely responsible for your User Submissions and Communications, and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to authorize the license grant of Section 6.b., above; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
In connection with User Submissions and Communications, you further agree that you will not: (i) 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 “Yosif Limited” all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage “Yosif Limited” or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person; (v) submit material that advertises any illegal service or the sale of any items which is prohibited or restricted by any applicable law; or (vi) post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.
“Yosif Limited” does not endorse any User Submission or Communications, or any opinion, recommendation, or information expressed therein, and “Yosif Limited” expressly disclaims any and all liability in connection with User Submissions or Communications. “Yosif Limited” does not permit any activities on the Website that are infringing of intellectual property rights, and “Yosif Limited” will remove all User Submissions and Communications upon being properly notified that such User Submission or Communications infringe the intellectual property rights of a third party. “Yosif Limited” reserves the right to remove User Submissions and Communications without prior notice. “Yosif Limited” may terminate user accounts or other user access to the Website for any violation of this Section. “Yosif Limited” also reserves the right to solely decide whether or not User Submissions or Communications are appropriate and comply with these Terms.
Copyright owners or agents thereof, upon belief that any User Submissions or Communications infringe such owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing “Yosif Limited” with the following information in writing (see 17 U.S.C 512(c)(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.
You agree that when using the Website, you may be exposed to User Submissions and/or Communications from a variety of sources, and that “Yosif Limited” is not responsible for the accuracy, usefulness, safety, confidentiality or intellectual property rights relating to such User Submissions and/or Communications. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against “Yosif Limited” with respect thereto, and agree to indemnify and hold “Yosif Limited”, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
You expressly agree that “Yosif Limited” is not responsible for the protection of any User Submissions and/or Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any documents, spreadsheets, graphics, video, music, text, software, files or other content of any type that you post on the Website in conjunction with any advertisement or otherwise are posted at your sole risk, and “Yosif Limited” will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.
You represent and warrant that: (a) if you are a Registered User, you are 21 years of age or older, or are 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, and to abide by and comply with these Terms; (b) all User Submissions and Communications you provide to “Yosif Limited” on any forms on the Website are true and accurate; (c) you will maintain and promptly update information that you provide in User Submissions to keep it true, accurate, current and complete; (d) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Website; (e) you will not use the Website in connection with making User Submissions, Communications or otherwise, to infringe, misappropriate or violate the rights of “Yosif Limited” or third parties; (f) you will only make User Submissions or Communications of information to which you have sufficient rights to grant the license set forth in Section 6., above; (g) you will not knowingly include in User Submissions, Communications or otherwise introduce to the Website, any viruses or other items of a destructive nature; and (h) you will comply at all times with these Terms for the Website as they may be amended from time to time by “Yosif Limited”.
In order to advertise or collect any review or other business information using the Website, you agree and understand that you must open an account with “Yosif Limited” and provide the information required to become a Registered User. When creating your account, you must provide accurate and complete information. If as a Registered User, you are granted access to any protected areas of the Website by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify “Yosif Limited” immediately of any breach of security or unauthorized use of your password(s). Although “Yosif Limited” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “Yosif Limited” or others due to such unauthorized use. You agree that you may never use another’s account.
If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify “Yosif Limited” immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Website at any time, for any reason or for no reason at all. You are personally liable for any transactions in which you are engaged prior to termination.
You will indemnify and hold harmless “Yosif Limited” against any and all judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with User Submissions or Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, (b) personal injury, and (c) errors in or omissions from such User Submissions or Communications.
You will not use or launch any automated system (including without limitation, “robots,” “spiders,” “offline readers,” etc.), that accesses the Website in a manner that sends more request messages to the “Yosif Limited” 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, “Yosif Limited” grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. “Yosif Limited” 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 for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
“Yosif Limited” only purports to use its Marks in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. “Yosif Limited” does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
Term of Order and Renewals. The initial term of each Order shall begin on the date specified on the applicable Order and continue for the period specified therein (“Initial Term”). Unless otherwise specified on the applicable Order, each Order shall automatically renew for successive periods equal in duration to the Initial Term (each a “Renewal Term”) unless either party provides written notice to the other party of its election to terminate the Order prior to the end of the then-current term.
Termination. Notwithstanding anything contained herein to the contrary, either party may terminate this Agreement at any time on written notice to the other if the other: (a) is in material or persistent breach of any of the terms of this Agreement and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or (b) is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally.
Effect of Termination. On termination for any reason: (a) all rights granted to you under this Agreement, including your right to use the Site or Services, shall cease; (b) we shall stop performing all Services and may, at our discretion, remove materials from the Internet published by us as part of the Services and allow any Domain Names purchased as part of the Services to lapse; and (c) you shall immediately pay to us any fees due under this Agreement.
You may provide links to the Website from other websites provided that (a) you link only to the Website home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Website, (c) you give “Yosif Limited” notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Website if requested by “Yosif Limited”.
- “Yosif Limited” maintains offices within New Zealand from which it may administer the Website. “Yosif Limited” makes no representation that Materials on the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of New Zealand export laws and regulations. You agree that any claim relating to the Materials shall be governed by the substantive laws of New Zealand, and you agree to personal jurisdiction and convenient forum therein.
- “Yosif Limited” may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Website. Continued use of the Website following any change constitutes acceptance of the change.
- You may terminate your access to the Website at any time. “Yosif Limited” may suspend or discontinue providing the Materials to you with or without cause and without notice. “Yosif Limited” may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
- You agree that when you visit the Website, post reviews, User Submissions or Communications through the Website, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Website. By using the Website, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Website by “Yosif Limited”. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Website; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Website. Except as expressly directed otherwise by “Yosif Limited” herein or elsewhere in the Website, notices to “Yosif Limited” should be sent to: “Yosif Limited”, 27 Lilburn Crescent, Massey, Auckland 0614, New Zealand, or at firstname.lastname@example.org
- The failure of “Yosif Limited” to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- You may not assign your rights or delegate your duties under these Terms.
- These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
- If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Website will in any event remain valid and enforceable.
- YOU AND YOSIF LIMITED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE YOSIF LIMITED WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.