Peer Health Exchange strives to make our website, products and services a welcoming and affirming space for young people and their identities. We can’t create a safe and affirming space without young people like you, and this is why we’ve created these Terms and Conditions, which outline your rights and responsibilities as a user. If you have any questions about what is covered in these Terms and Conditions, please reach out to us at email@example.com or Phefirstname.lastname@example.org.
These Terms and Conditions govern Peer Health Exchange (“PHE,” “we,” “us” or “our”), including with PHE’s website, https://peerhealthexchange.org (the “Website”), our selfsea application (including our web-based selfsea app at https://selfsea.org and our selfsea mobile application (the “selfsea Mobile App”) (collectively, the “selfsea Apps”)); and any and all platforms and other Internet-related, text-based or in-person services operated by PHE (collectively, the “Services”) at all times. By accessing or using our Services or any of the information we provide through our Services, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, and any future revisions thereof (collectively, the “Terms”). If at any time you don’t agree to these Terms, please immediately discontinue your use of PHE’s Services.
OUR SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL SUPPORT. We firmly believe in the power of peer support; however, as further described below, in lots of situations peer support is not appropriate and should not be used as a replacement for professional support or information from a medical or mental health professional.
We also do not provide crisis support or counseling services. Other organizations, such as Crisis Text Line and Suicide Prevention Lifeline, provide 24/7, free, and confidential support for people in distress, prevention and crisis resources for you or your loved ones, and best practices for professionals. If you’re in a crisis, text HEALTH to 741741 to connect with a counselor at Crisis Text Line or call the Suicide Prevention Lifeline at 1-800-273-8255.
Both selfsea Apps were designed to minimize the collection of data and ensure that any information you provide is not personally identifiable to other app users and PHE volunteers and mentors. To access PHE resources via our web-based app at http://selfsea.org, which does not include the “communities” feature, you may do so without creating an account. If you decide to create an account with our web-based app, PHE may collect your email address, preferred username, and birth month and year for account authentication purposes. To access our selfsea Mobile App, PHE may collect your email, preferred username, and birth month and year, and this information will also only be used for account authentication purposes. In addition, the username you choose must not convey any information that may identify you and must be preapproved by PHE. Once your account is verified and username approved, you may choose to share more information about yourself, such as your gender identity, race or ethnicity and content interests that will be linked to your anonymized profile.
In addition to the apps, PHE provides in-person services. To protect the privacy and safety of PHE volunteers and mentors, you agree to not communicate with PHE volunteers and mentors outside of the Services.
Don’t Share Your Personal Information
However, you acknowledge that PHE cannot guarantee your anonymity since, depending on your specific situation and circumstances, the contents of your posts, and whether you have disclosed your selfsea Mobile App username to others, on occasion someone may be able to identify you or narrow down your identity to a smaller group of app users. You should understand this risk before contributing content to the selfsea Mobile App.
Although we welcome users from all walks of life, our Services are not intended or directed at individuals under the age of 13. We do not knowingly collect information from children under the age of 13. If you are under the age of 13, you must not use the selfsea Apps. If we become aware that you are under 13 and using the selfsea app or our site, we will terminate your user account and ban your device.
Moreover, unless you are a PHE staff member, volunteer or mentor, our Services are not intended or directed at individuals at or over the age of 18. If you are 18 or older and using the Services, we may terminate your user account.
Revisions to These Terms
Because PHE websites change from time to time, PHE reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Prior to each visit to the PHE’s website, please check the Terms to determine the current Terms to which you are bound. The date of the most recent revision shall be noted at the beginning of these Terms. Your continued use of the Services after the posting of changes will constitute your acceptance of such changes at the time of each use. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
These Terms may only be modified in writing as set forth in this paragraph, and may not be modified orally.
Permission and Restrictions
Subject to the terms and conditions herein, and until these Terms are terminated pursuant to the “Termination” Section below, PHE grants you permission to use the Services as set forth in these Terms, provided, however, that (i) you do not engage in any of the prohibited uses described in these Terms; (ii) you adhere to and do not violate the selfsea Community Agreement, as summarized below; and (iii) you will otherwise fully comply with these Terms.
You understand that, when using the Services or any resources provided by PHE, you may be provided with various mental health resources and other related information, which may include text, images, graphs, video, research sources, and other content (collectively, the “Content”). You acknowledge and agree that PHE is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights correlating to such Content. Although PHE makes reasonable efforts to ensure that the Content is accurate, you understand, acknowledge and agree that we may provide you with Content that is inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PHE with respect thereto. Under no circumstances will PHE be liable in any way for or in connection with your reliance on any Content, including for any inaccuracies, errors or omissions in any Content (or for the failure to provide notices of any such Content), or for any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded or otherwise displayed or transmitted via the Services.
- You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Services, use of the Services, or access to the Services, for any purpose other than as the Services are offered by PHE.
- You agree not to intentionally interfere with or damage, impair or disable the operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
- You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
- You agree not to attempt to gain unauthorized access to the Services, or any part of it, or computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including for the purpose of obtaining unauthorized access to the Services.
- You agree not to submit or otherwise make available through the Services any content: (i) that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another’s privacy, or harmful to minors in any way; (ii) that includes personal or identifying information about another person without the appropriate consent; (iii) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- You agree that you will not use any robot, spider, scraper, or other automated means to access the Services for any purposes without our express written permission or bypass other measures we may use to prevent or restrict access to the Services. You agree that you will promptly remove any links that PHE finds objectionable in its sole discretion.
- You agree not to use any meta tags or any other “hidden text” utilizing PHE’s name, logos or trademarks without our express written consent.
- You agree not to make unsolicited offers, advertisements, or proposals to other users of the Services. This includes promotions, informational announcements, charity requests, or petitions for signatures.
- You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- You agree not to modify, adapt, translate or create unauthorized derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Information That You Provide
If you choose to send us any message, feedback or data, including any ideas, comments, suggestions or questions regarding any products or services, such information shall be deemed to be nonconfidential. We shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including incorporating such ideas, concepts, know-how or techniques into the Services and Content. You are solely responsible for all information which you share, submit, publish, display, disseminate or otherwise communicate through the Services. You agree that all such content, messages and other communications shall not be deemed to be private or secure, and that any such content, messages and communications can be read by us. If we ask you to cease and desist from submitting comments or sharing any videos, articles or other content that you obtain from the Services with any third party, you agree to comply with such request immediately.
You agree not to submit, publish, display, disseminate or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, indecent, illegal or otherwise objectionable material, or any material that violates any federal, state, or local law in the United States or anywhere else in the world through the Services, including our blog.
To use the selfsea Mobile App, you must agree to adhere to the selfsea Community Agreement, which explains how posts made via the Mobile App’s “communities” feature are moderated prior to posting and reviewed for inappropriate content, including triggering or offensive language, biased or discriminatory statements, or personally identifiable information. If an already posted comment is later flagged by PHE or users as inappropriate, the comment will immediately be removed for review. PHE reserves the right to make slight edits to each post, which may include adding or deleting information to ensure the post is in line with the criteria in the selfsea Community Agreement (e.g., removing personal information). Please note that repeated posting of inappropriate content may result in your removal from the selfsea Mobile App. For more information about how we respond to repeated postings of inappropriate content, please see the selfsea Community Agreement.
PHE or third parties may provide links through the Services to other sites or content (“Third-Party Sites”). PHE has no control over such Third-Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third-Party Sites linked to by Services. PHE provides links to you only as a convenience, and the inclusion of any link in the Services does not imply our affiliation, endorsement or adoption of the linked site or any information therein.
Access and use of Third-Party Sites, including the information, material, products, and services on Third-Party Sites or available through Third-Party Sites, is solely at your own risk.
These Terms and Conditions do not govern Third-Party Sites. You should review applicable terms and policies, including the privacy and data gathering practices, of any Third-Party Sites.
Intellectual Property Protection
The articles, videos and other content made available through the Services or Third-Party Sites may be protected by copyright and other applicable laws. Some content may not be reproduced, used to prepare derivative works, distributed, performed publicly or displayed publicly without the written permission of the copyright holder, except to the extent allowed under the “fair use” provisions of the U.S. copyright laws, other limitations on exclusive copyrights in the U.S. copyright laws, or comparable provisions of foreign laws.
It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that your copyrighted work or trademark has been infringed, please contact us and provide all information relevant to any claim of copyright or trademark infringement, including the information specified by the DMCA. Please contact us by email at Pheemail@example.com or by calling (415) 684-1240. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing shall be liable for damages (including costs and attorneys’ fees).
You agree that PHE, in its sole discretion, may terminate your use of the Services, or any part thereof, at any time, with or without notice, without liability to you, if you have failed or we suspect you have failed to comply with any provision of these Terms. PHE may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services, or any part thereof, may be effected without prior notice, and you agree that PHE shall not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies PHE may have at law or in equity.
Indemnification; Hold Harmless
You agree to indemnify and hold harmless PHE and affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Services; (ii) your violation of these Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of the any representations, warranties, and covenants herein. PHE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PHE. PHE will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers; No Warranties
- No warranties.To the fullest extent permissible pursuant to applicable law, PHE and its affiliates, partners, and suppliers disclaim all warranties, statutory, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. No advice or information, whether oral or written, obtained by you from PHE or through the Services will create any warranty not expressly stated herein. You expressly acknowledge that as used in the sections titled “disclaimers; no warranties” and “limitation of liability and damages,” the term “PHE” includes PHE’s partners, officers, directors, employees, shareholders, agents, service providers, suppliers, licensors, affiliates and subcontractors.
- “As Is,” “As Available” and “With All Faults.”You expressly agree that the use of the Services and the Content provided therein is at your sole risk. The Services and any media, content (including any Content), software, services or applications made available in conjunction with or through the Services are provided on an “as is,” “as available” and “with all faults” basis without warranties or representations of any kind either express or implied. PHE, its suppliers, licensors, affiliates, and partners do not warrant and make no representation that the Services and the content provided therein (including any Content), or any other information offered on or through the Services or any third-party sites will be uninterrupted, accurate, reliable, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. The Content is provided to you as a tool, not as a replacement for the underlying content about a specific product, and it is your responsibility to review the underlying content and abide by its terms.
- Harm to Your Computer or Device.You understand and agree that you use, access, download or otherwise obtain information, materials or data through the Services or any third-party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
- Note regarding Health-Related Information.Your use of the Services, and any information provided on or in connection with the Services, is at your own risk. Any health information that may be provided by the Services (a) is not intended as a substitute for professional medical advice, diagnosis or treatment, (b) should not be construed as the provision of advice or recommendations, and (c) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem. The relationship between you and us is not a physician-patient or similar relationship; always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay in seeking it because of something you have read on the Services. If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned on the Services. Reliance on any information provided by us, our employees, individuals providing information in connection with the Services at the invitation of us, other visitors to the Services or users of any products or services and/or any other third party is solely at your own risk.
Limitation of Liability and Damages
- Limitation of Damages.In no event shall PHE’s or its affiliates’, contractors’, employees’, agents’ or third-party partners’, licensors’ or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of or the inability to use the Services, the Content or other content on PHE’s websites or applications or any third-party sites (whether in contract, tort (including negligence), warranty, or otherwise) exceed one hundred ($100) U.S. dollars.
- Third-Party Sites.These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third-party sites or otherwise by third parties other than PHE and received by you or advertised through the Services or received by you through any third-party sites.
Limitations by Applicable Law; Basis of the Bargain
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction in which you are located.
PHE may provide you with notices, including those regarding changes to PHE’s Terms and Conditions, by email, regular mail or postings on PHE’s websites or applications. Notice will be deemed given 24 hours after the email is sent, unless PHE is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing.
- Governing Law.
You agree that (i) the Services and any services provided by PHE shall be deemed solely based in California; and (ii) PHE’s websites shall be deemed passive websites that do not give rise to personal jurisdiction over PHE, either specific or general, in jurisdictions other than California. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms and Conditions or any dealings hereunder.
You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PHE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
- Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Site (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association (“AAA”) governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and PHE waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act (“FAA”) at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with PHE.
- The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and PHE. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:
- The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
- Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and PHE agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and PHE.
- YOU AND PHE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor PHE is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in the “Governing Law” section of these Terms and Conditions. This provision does not prevent you or PHE from participating in a class-wide settlement of claims.
- To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide PHE with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under the “Notice” section of these Terms and Conditions.
- Notwithstanding any provision in the Agreement to the contrary, we agree that if PHE makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to PHE.
- No Waiver.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of PHE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms shall be unlawful, invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If the application of any provision of these Terms to any particular facts or circumstances shall be unlawful, invalid, void or for any reason unenforceable, then (a) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms shall not in any way be affected or impaired thereby, and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PHE without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
- Relationship of Parties.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PHE as a result of these Terms or your use of the Services. You further acknowledge that by submitting information to PHE, no confidential, fiduciary, contractually implied or other relationship is created between you and PHE other than pursuant to these Terms.
The Sections entitled “Privacy,” “Revisions to these Terms,” “Ownership,” “Content Disclaimer,” “Prohibited Uses,” “Information You Provide,” “Third-Party Sites,” “Intellectual Property Protection,” “Indemnification; Hold Harmless,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Limitations by Applicable Law; Basis of the Bargain,” “International Access and Export Controls” and “Miscellaneous” will survive any termination of these Terms.
- Headings and Construction.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms and shall not be deemed to limit or affect any of the provisions hereof. For purposes of these Terms, each of the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” Whenever the context requires, the use in these Terms of the singular number shall be deemed to include the plural and vice versa. Except as otherwise stated, references herein to “Sections” refer to sections of these Terms.
- Entire Agreement.
This is the entire agreement between you and PHE relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Terms shall not be modified except in a writing signed by both parties or by a change to these Terms made by PHE as set forth in these Terms.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on two websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that PHE does not endorse any of the products or services listed at such sites.
- Notice for California Residents.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. If you have a question or complaint regarding the Services, please contact us using any of the methods set forth below.
Email us at: firstname.lastname@example.org
Submit a request online using the following online form:
- Time-Barred Claims.You and PHE agree that any cause of action arising out of or related to the Service or these Terms must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.