Agreement between SF Station and User.
The Terms form a legally binding agreement between you ("you" or "user") and SF Station in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms."
You may not use the Services and may not accept the Terms if you are not of legal age (18 years+) to form a binding contract with SF Station. Please print off or save a local copy of the Terms for your records.
The right to use the Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your login and password(s), if any. SF Station is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which SF Station provides may change from time to time without prior notice to you.
You acknowledge and agree that if SF Station disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
SF Station is an internet-based service. As such, the service may be subject to interruptions in service for maintenance and for reasons beyond SF Station's control. SF Station shall have no liability whatsoever for any aspect of any offer made available through the Services, for any interception of information any user has provided, or for any interruption in service (including but not limited to an interruption in service resulting in the failure of the Services to receive or process an order for a Deal or advertising services placed by a user).
In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to SF Station will always be accurate, correct and up to date.
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States).
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SF Station, unless you have been specifically allowed to do so in a separate agreement with SF Station.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with SF Station, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that SF Station has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which SF Station may suffer) of any such breach.
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
Accordingly, you agree that you will be solely responsible to SF Station for all activities that occur under your account.
The foregoing provisions of this Section 2 apply equally to and are for the benefit of SF Station, its subsidiaries, affiliates, partners, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
SF Station provides consumers with opportunities to purchase products and services from third party merchants ("Merchants") with a time limited promotional added value (a "Deal"). Merchants are willing to offer attractive promotions in order to reach the SF Station community and its partners. Click here for Terms of Sale for Deals.
No purchase necessary: Contest open to residents of the United States of America who are eighteen (18) years of age or older at the time of entry. Void where prohibited. By participating, entrants agree to abide by the following rules.
To enter: Fill out the entry form and press "Submit" or "Enter." Limit one entry per person per month.
Drawing: Winners will be chosen at random each month. The decisions of SF Station are final and binding in all matters regarding this contest. Winners will be notified via e-mail, social media posts or other methods of communication. Exchanges not permitted.
General conditions: Void where prohibited. Winners agree that SF Station and all of their respective divisions, subsidiaries, affiliates, parent companies, officers, directors, employees, representatives and agents will have no liability whatsoever, and will be held harmless by winner, for any injuries, losses or damages of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize, or participation in this sweepstakes. SF Station reserves the right, at its sole discretion, to cancel, terminate or suspend Giveaways should virus, bugs, unauthorized human intervention or other causes beyond the control of SF Station corrupt or impair the administration, security, fairness or proper play of the contest.
Internet: If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of SF Station that corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes, SF Station reserves the right, at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Giveaway. SF Station assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. SF Station is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or failure of any e-mail or entry to be received by SF Station because of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this contest.
Note: Any attempt by any person to deliberately damage any web site or undermine legitimate operation of the contest is a violation of criminal and civil laws and should such an attempt be made, SF Station reserves the right to seek damages from any such person to the fullest extent permitted by law.
Shared data: SF Station may share data collected through Giveaways, Deals, Contents and Coupons with our divisions, partners, subsidiaries and affiliated companies. This will only apply to users who choose to participate in such Giveaways, Deals, Contests and Coupons.
Promotion: SF Station Photo Galleries is a service to promote the work of local Photographers. Photographers are provided login credentials to the SF Station Photo Galleries service and can upload their work at any time. In order to provide optimal promotion, Photographers are encouraged to upload their work as soon as possible for promotion on SF Station website. Due to the timely nature and relevancy of the photos, any photo gallery that is uploaded later than three days after the event date will not be guaranteed promotion on the SF Station website. Photographers can choose any event or venue (herein referred to as "Event") to take photos of. SF Station also provides Event coverage options that Photographers can choose from. Photographers are required to coordinate their coverage with a SF Station representative so that the Photographers can have the proper support before, during and after their photo coverage. Certain venues and promoters (including but not limited to Live Nation, Another Planet, and Golden Voice) require SF Station to contact them directly through a SF Station representative, and Photographers are required to coordinate with a SF Station representative when covering these Events. To further promote local Photographers, SF Station provides the option for Photographers to create a profile page on SF Station Photo Galleries to help promote and show their work to the SF Station community, promoters and business owners.
Email: As part of SF Station Photo Galleries service, we provide a SF Station email for Photographers to utilize in order to gain the proper access to Events. The SF Station email address helps legitimize the Photographer to the promoter, manager or business owner to gain the proper credentials and access to the Event.
Collateral: SF Station provides SF Station branded collateral such as SF Station badges and photo cards to Photographers to gain the proper access to the Event. The collateral enables the public to find out where they can find photos of themselves. Photographers are not required to hand out SF Station photo cards or wear the SF Station badge, but this will help Photographers gain the proper access they need to take photos of the Event. Dawning the SF Station badge or distributing the SF Station photo card simply indicates that the Photographer is using the SF Station Photo Galleries service to promote their work, and does not mean Photographers are SF Station employees, independent contractors or consultants. The only relationship Photographer has with SF Station is their use of SF Station's Photo Galleries service.
Forum: SF Station provides weekly forums for Photographers to meet up and share their ideas and experiences. This is an open forum and Photographers can meet up at their own free will. We encourage Photographers to utilize this great service to help refine their craft and improve their skill set though collaboration and teamwork. A SF Station representative will be present to help moderate and manage the forum.
License: Refer to Section 7 - Content license from you.
Conduct: Photographers must follow the house rules of the particular Event they are covering and conduct themselves as professionally as possible, and not abuse the SF Station brand in a negative fashion. Not following the house rules, acting inappropriately to others and Event staff members, or abusing the SF Station brand can result in the termination of Photographer's SF Station Photo Galleries account. We encourage Photographers to check in with the house manager, promoter or business owner of the Event and show valid ID in order to gain the proper access and take optimal photographs of the Event.
Liability: Photographers shall save, defend and hold harmless SF Station and its officers, agents and employees from and against any and all claims, demands, loss, cost, liability and expense, including reasonable attorneys' fees, including but not limited to claims arising out of injury to or death of any person or damage to or destruction of any property fault or negligence of Photographer.
Fees: Photographer shall not receive any payment, benefits, profit-sharing, or any other employee benefits from SF Station and is not an employee, independent contractor or consultant of SF Station. SF Station is not liable for any expense incurred before, during or after the photo coverage of an Event. Photographer does not have to cover or take photos of any Event and is choosing to do so on his/her own free will to cover a specific Event for their personal promotional purposes.
Termination: Refer to Section 8 - Termination.
You understand that all information (such as written text, email, Giveaways or Deals, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to SF Station (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by SF Station or by the owners of that Content, in a separate agreement.
SF Station reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, SF Station may filter out explicit sexual content.
You agree that you are solely responsible for (and that SF Station has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which SF Station may suffer) by doing so.
The Services may include hyperlinks to other web sites or Content or resources. These links are provided solely as a convenience to you and not as an endorsement by SF Station of the contents on such third-party sites, and SF Station hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. Accordingly, SF Station has no more editorial control over such Content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, Giveaways, Deals, or other information or Content expressed or made available by third parties, including information providers, or any other user are those of the respective author(s) or distributor(s) and not of SF Station. If you decide to access linked third-party websites, you do so at your own risk. It is the responsibility of user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through SF Station.
In many instances, the Content available through the Services represents the opinions and judgments of the respective information provider, you, or other users not under contract with SF Station. SF Station neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SF Station by anyone other than authorized SF Station employee spokespersons while acting in official capacities. Under no circumstances will SF Station be liable for any loss or damage caused by a user's reliance on information obtained through SF Station. It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other Content available through SF Station.
SF Station reserves the right to remove or not publish submissions without prior notice. By posting or submitting Content on or to the Service (text, videos, photographs, audio or otherwise), you are giving SF Station, and its subsidiaries, affiliates, partners, agents and third party contractors the right to display or publish such Content on the Service and its affiliated publications (either as submitted or in a derivative form or as an adapted work), to store said Content, and to distribute and/or use said Content for promotional and marketing purposes.
The Services (including, but not limited to, text, software, photos, video, audio, graphics, and the entire contents of the Services) are protected by copyright as a collective work or compilation under US copyright laws and those of other countries, and SF Station (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. Each article and all content and other elements comprising this Service are also copyrighted works, and SF Station (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained in this Service.
You acknowledge that the Services may contain information which is designated confidential by SF Station and that you shall not disclose such information without SF Station's prior written consent.
Unless you have agreed otherwise in writing with SF Station, nothing in the Terms gives you a right to use any of SF Station's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You shall not upload, post or otherwise make available on the Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. SF Station does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Services, you warrant that the owner of such material has expressly granted SF Station the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, watermark, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store or reproduce the material for that user's personal use. You hereby grant SF Station the right to edit, copy, publish and distribute any material made available on the Services by you.
Unless you have been expressly authorized to do so in writing by SF Station, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized User of such marks, names or logos.
The foregoing provisions of Section 4 apply equally to and are for the benefit of SF Station, its subsidiaries, affiliates, partners, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
It is our policy to honor all takedown requests that comply with the requirements of the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.
If you are a copyright owner or agent thereof and believe that User Content infringes upon your copyright, please submit notice, pursuant to the DMCA to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that the notification sent to us will be forwarded to the user who provided the allegedly infringing content.
Attn: DMCA Complaint
50 Pearl Street #A, San Francisco, CA 94103
You can also contact us using our contact form.
SF Station respects the intellectual property of others, and we ask our members to do the same. SF Station may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others.
SF Station gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by SF Station as part of the Services as provided to you by SF Station (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SF Station, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by SF Station, in writing.
Unless SF Station has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the Content you give SF Station, its subsidiaries, affiliates, partners, a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to watermark, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling SF Station to display, distribute and promote the Services.
You agree that this license includes a right for SF Station to make such Content available to other companies, organizations or individuals with whom SF Station has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
You understand that SF Station, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit SF Station to take these actions.
You confirm and warrant to SF Station that you have all the rights, power and authority necessary to grant the above license.
The Terms will continue to apply until terminated by either you or SF Station as set out below.
If you want to terminate your legal agreement with SF Station, you may do so by (a) notifying SF Station at any time and (b) closing your accounts for all of the Services which you use, where SF Station has made this option available to you. Your notice should be sent, in writing, to SF Station's address which is set out at the beginning of these Terms.
SF Station may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) SF Station is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) The partner with whom SF Station offered the Services to you has terminated its relationship with SF Station or ceased to offer the Services to you; or
(D) SF Station is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) The provision of the Services to you by SF Station is, in SF Station's opinion, no longer commercially viable.
(F) User has not been using the Services for more than 6 months.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and SF Station have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.
USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER SF Station, ITS AFFILIATES, PARTNERS, SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE,"
(C) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(D) ANY INFORMATION, SERVICE OR DEALS OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(E) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SF Station OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
SF Station FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SUBJECT TO OVERALL PROVISION ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SF Station, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY CHANGES WHICH SF Station MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE SF Station WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
THE LIMITATIONS ON SF Station'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT SF Station HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
User agrees to defend, indemnify and hold harmless SF Station, its affiliates, partners, subsidiaries, employees, agents, contractors, officers, directors, Merchants, third-party content providers and licensors from all liabilities, claims and expenses, including attorneys fees arising out of or related to any products or services purchased or utilized by user in connection with the Services.
User is solely responsible for interactions with Merchants and other users of the Services. To the extent permitted under applicable laws, user hereby releases SF Station from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Deal or Giveaway, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, user hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "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 the release, which, if known by him must have materially affected his settlement with the debtor."
SF Station may make changes to the Terms from time to time. When these changes are made, SF Station will make a new copy of the Terms available at https://www.sfstation.com/legal/terms.php and any new Terms will be made available to you from within, or through, the affected Services.
You understand and agree that if you use the Services after the date on which the Terms have changed, SF Station will treat your use as acceptance of the updated Terms.
The Terms constitute the whole legal agreement between you and SF Station and govern your use of the Services, and completely replace any prior agreements between you and SF Station in relation to the Services.
You agree that SF Station may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
You acknowledge and agree that each member of the group of companies of which SF Station is the subsidiary shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. Our rights under this Agreement will survive any termination of this Agreement.
The Terms, and your relationship with SF Station under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and SF Station agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SF Station shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
YOU AND SF Station AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SF Station MUST COMMENCE WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.