Terms of Service
Your use of the Services is subject to these Acceptable Use Guidelines (“Guidelines”). If you are found to be in violation of these Guidelines at any time, as determined by MediaCore in its sole discretion, we may warn you, suspend, or terminate your account.
Please note that we may change our Acceptable Use Guidelines at any time, and pursuant to the MediaCore Terms of Service at http://mediacore.com/terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms of Service, unless stated otherwise.
1. Your Acceptance
1.2 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 at http://www.mediacore.com/terms. MediaCore 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 these Terms of Service shall be deemed to confer any third-party rights or benefits.
2.1 These Terms of Service apply to all users of the Services, including users who are also contributors of Content on the Services. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Services. The Services include all aspects of MediaCore, including, but not limited, to all products, software, and Services offered via the MediaCore Website, such as the MediaCore "Embeddable Player" and other applications.
2.3 In order to access some features of the Services, you will have to create a MediaCore Account ("Account"). You may never use another's Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify MediaCore immediately of any breach of security or unauthorized use of your Account. Although MediaCore will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of MediaCore or others due to such unauthorized use.
3. General Use of the Services, Permissions and Restrictions
3.1 MediaCore hereby grants you permission to access and use the Services as set forth in these Terms of Service, provided that: (i) You agree not to distribute in any medium any part of the Services or the Content without MediaCore's prior written authorization, unless MediaCore makes available the means for such distribution through functionality offered by the Services (ii) You agree not to alter or modify any part of the Services (iii) You agree not to access Content through any technology or means other than the video playback pages of the Services itself, the Embeddable Player, or other explicitly authorized means MediaCore may designate (iv) You agree not to use the Services for any of the following commercial uses unless you obtain MediaCore's prior written approval: (a) the sale of access to the Services; (b)the sale of advertising, sponsorships, or promotions placed on or within the Services or Content; or (c) the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Services, unless other material not obtained from MediaCore appears on the same page and is of sufficient value to be the basis for such sales.
3.2 Prohibited commercial uses do not include: (i)uploading an original video to MediaCore, or maintaining an original channel on MediaCore, to promote your business or artistic enterprise (ii) showing MediaCore videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 3.1; or (iii) any use that MediaCore expressly authorizes in writing.
3.3 If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the MediaCore website.
3.4 You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more request messages to the MediaCore servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, MediaCore 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. MediaCore 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 Services, nor to use the communication systems provided by the Services (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their Content.
3.5 In your use of the Services, you shall comply with all applicable laws.
3.6 MediaCore reserves the right to discontinue any aspect of the Services at any time without prior notice to you.
4. Your Use of Content
4.1 In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
4.2 The Content on the Services, and the trademarks, Services marks and logos ("Marks") on the Services are owned by or licensed to MediaCore, subject to copyright and other intellectual property rights under the law.
4.3 Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Services and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by MediaCore on the Services for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of MediaCore or the respective licensors of the Content. MediaCore and its licensors reserve all rights not expressly granted in and to the Services and the Content.
4.4 You agree not to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
4.5 You understand that when using the Services, you will be exposed to Content from a variety of sources, and that MediaCore is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is 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 MediaCore with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless MediaCore, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Services.
4.6 You acknowledge and agree that MediaCore does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will MediaCore be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. MediaCore does not guarantee that any Content will be to your satisfaction.
5. Your Content and Conduct
5.1 As a MediaCore account holder you may submit Content to the Services, including videos and user comments. You understand that MediaCore does not guarantee any confidentiality with respect to any Content you submit.
5.2 You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to MediaCore all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Services pursuant to these Terms of Service.
5.3 For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to MediaCore, you hereby grant MediaCore a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and MediaCore's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms of Service. The above licenses granted by you in video Content you submit to the Services terminate within a commercially reasonable time after you remove or delete your videos from the Services. You understand and agree, however, that MediaCore may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
5.4 You further agree that Content you submit to the Services will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant MediaCore all of the license rights granted herein.
5.5 You further agree that you will not submit to the Services any Content or other material that is contrary to the Acceptable Use Guidelines, currently found at http://mediacore.com/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations without prior notice to you.
5.6 MediaCore does not endorse any Content submitted to the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MediaCore expressly disclaims any and all liability in connection with Content. MediaCore does not permit copyright infringing activities and infringement of intellectual property rights on the Services, and MediaCore will remove all Content if properly notified that such Content infringes on another's intellectual property rights. MediaCore reserves the right to remove Content without prior notice.
5.7 In addition to 5.5 above, you agree that you will not use MediaCore Services to:
(i) Upload, post, email, otherwise transmit, or post links to any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable
(ii) Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
(iii) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way.
(iv) Collect or store personally identifying information about other users for commercial or unlawful purposes.
(v) Impersonate any person or entity, including, but not limited to, a MediaCore official, employee, or falsely state or otherwise misrepresent your affiliation with a person or entity or employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Services.
(vi) Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
(a) make available copyrighted software or other Content that has had the copyright protection removed (b) make available serial numbers for software that can be used to illegally validate or register software (c) make available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content (d) make available any software files for which the user does not own the copyright or have the legal right to make available (e) upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose (f) upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Services or MediaCore.
(vii) Conduct your own contests and promotions or upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
(viii) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
(ix) 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 or use MediaCore or the Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities, or upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
(x) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Services.
(xi) Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law, or advertise, offer for sale, or sell any of the following items: (a) any firearms, explosives, or weapons (b) any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants (c) any alcoholic beverages (d) any tobacco products for human consumption, including, without limitation, cigarettes and cigars (e) any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors (f) any controlled substances or pharmaceuticals (g) any items that are counterfeit or stolen (h) any dangerous items (i) any goods or services that do not, in fact, exist (j) any registered or unregistered securities (k) any items that violate or infringe the rights of other parties (l) any items that you do not have the legal right to sell (m) any items where doing so through MediaCore or the Service would cause MediaCore to violate any law.
6. Account Termination Policy
6.1 MediaCore will terminate a user's access to the Services if, under appropriate circumstances, the user is determined to be a repeat infringer.
6.2 MediaCore reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. MediaCore may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
6.3 MediaCore also may suspend or terminate any user account for any Service because of user inactivity. For example, a MediaCore account may be terminated or suspended if a user fails to sign-in to the MediaCore Service for an extended period of time. What is considered "user inactivity" varies depending on the Services. If one of your accounts is suspended or terminated for inactivity, your right to use such Services immediately ceases.
7. Digital Millennium Copyright Act
7.1 Notice - If you are a copyright owner or an agent thereof and believe that any 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(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 Services provider to locate the material;
(iv) Information reasonably sufficient to permit the Services provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) 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.
MediaCore's Copyright Agent to receive notifications of claimed infringement is MediaCore Inc: ATTN: Legal Department, 2010 Fernwood Rd, Victoria BC, V8T 2Y9, email@example.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to MediaCore customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 8(a), your DMCA notice may not be valid.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys` fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication. You can see an example of such a publication here.
7.2 Counter-Notice - If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Victoria, British Columbia, and a statement that you will accept Services of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, MediaCore may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MediaCore's sole discretion.
8. Warranty Disclaimer
8.1 YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIACORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. MEDIACORE 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 SERVICES, (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 SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) 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 SERVICES. MEDIACORE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEDIACORE 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 SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
9.1 IN NO EVENT SHALL MEDIACORE, 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 SERVICES, (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 SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (vi) 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 SERVICES, 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.
9.2 YOU SPECIFICALLY ACKNOWLEDGE THAT MEDIACORE SHALL NOT BE LIABLE FOR CONTENT 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.
9.3 The Services are controlled and offered by MediaCore from its facilities in the United States of America. MediaCore makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
10.1 To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless MediaCore, 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 Services; (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 your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
11. Ability to Accept Terms of Service
11.1 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 13, as the Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Services. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
12.1 These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MediaCore without restriction.
13.1 You agree that: (i) the Services shall be deemed solely based in British Columbia/Canada; and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over MediaCore, either specific or general, in jurisdictions other than British Columbia/Canada. These Terms of Service shall be governed by the internal substantive laws of the Province of British Columbia, without respect to its conflict of laws principles. Any claim or dispute between you and MediaCore that arises in whole or in part from the Services shall be decided exclusively by a court of competent jurisdiction located in Canada, British Columbia.
13.3 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.
13.4 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 MediaCore's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
13.5 MediaCore reserves the right to amend these Terms of Service at any time and without prior notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Services following any amendment of these Terms of Service will signify your assent to, understanding, and acceptance of its revised terms.
13.6 YOU AND MEDIACORE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN 90 DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.