The services and/or products provided to you by Stirling Corp (hereinafter referred to as “we”, “us”, “our” or the “Company”) its subsidiaries, agents and affiliates, in conjunction with (hereinafter referred to as “Website”), are subject to the following Terms of Service. If you do not understand or agree to be bound by (or cannot comply with) any part of the Terms of Service described herein, you must immediately cease using the Website. The Company reserves the right to update the Terms of Service at anytime, with or without notice to you. The current version of the Terms of Service can be reviewed by following the URL link at the footer of Free-eBooks.net's web pages.
In Plain English: You agree to follow the rules we set out in this agreement. If you cannot follow these rules, you must stop using our website.
Please review our Privacy Notice, which also governs your visit, to understand our practices. Our Privacy Notice can be viewed at www.free-ebooks.net/privacy.
When you visit the Website or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically unless you opt out by clicking an “Unsubscription” options offered at the bottom of our newsletters or by contacting us at CS@Free-eBooks.net with the subject “Unsubscribe”. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In Plain English: If you use our website or send emails to us, we may email you back. If needs be, we can send you legal documents via email.
In Plain English: These terms apply to all users of our Website, whether you are a reader or contributor. Your use of any other website or any third-party content that is not ours is at your own risk. It is your responsibility to be aware of when you leave the website.
A. The Company hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without the Company's prior written authorization; (iii) you will not alter, download (except page caching) or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company or the Website or its affiliates without Company’s express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates' name or trademarks without the Company’s the express written consent. Any unauthorized use terminates the permission or license granted herein. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark belonging to Company or its affiliates as part of the link without the Company’s express written permission.
In Plain English: You are not allowed to use the content of our Website for your own personal gain unless through our affiliate program (under the conditions applicable to the affiliate program). You are also not allowed to change or alter any of the content on the website for your own personal or commercial use.
B. In order to access some features of the Website, the Company may require you to open an account and provide certain registration information as prompted by one or more registration forms. For any individual based in the EU, any personal data provided will be securely held and upon termination of account will be destroyed from all records. A user has the right to request any copies of any personal information held by the Company, by requested in writing to the email address provided at the end of this document. You are responsible for maintaining the confidentiality of your passwords, usernames and e-mail addresses provided to the Company. You are entirely responsible for any and all activities that occur on your account. The Company is not liable for any loss that you may incur as a result of someone else's misuse of your account or password, either with or without your knowledge. Furthermore, you may be liable for losses incurred by the Company, its affiliates, representatives, agents or assigns due to someone else using your account or password. You agree that your e-mail addresses will not contain any vulgar or offensive terms, words, phrases or in any other way violates this agreement. The Company reserves the right, at its sole discretion, to immediately terminate any account it believes uses an e-mail address in violation with this section of the agreement. Additionally, if you wish to utilize services on the Website or make purchases from the Company or third-party vendors, you may be required to provide certain Purchasing Data (as described and detailed below).
In Plain English: You may have to register to use the Website. Protect your password and username as we are not liable if you lose it. We are not liable if someone gains access to your account. Also, do not use profanity or other vulgar terms in your communications, user names or email addresses. We have the right to terminate your use of the website if you do.
C. You agree not to use or launch any automated system, including without limitation, “robots,”“spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.
In Plain English: You can use the Website for personal use. Do not use the Website or its functionality as an advertising means or use automated systems on the Website. Do not solicit and do not collect personal information from the website for your own use.
D. The Company reserves the right, at its sole discretion, to terminate, suspend or otherwise limit your account, for any or no reason at all, without your consent, prior notice or explanation and without liability. Should the aforementioned action be taken, all personal information will be securely destroyed and no longer held by the Company. You may terminate or suspend your account at any time for any reason and the same action will be taken.
In Plain English: We can close your accountand/or ban you if we want to.
Intellectual Property Rights
The content on the Website, including without limitation, the Manuscripts, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as otherwise provided for herein, Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
In Plain English: Our Website and its content is ours; the eBooks are property of the authors. You can visit, but do not take anything or use anything that does not belong to you. The eBooks can be downloaded for personal use, but do not attempt to resell them or provide them to others. If you have a friend who wants to read the book, have them download a copy from the website.
A. The Website permits you and other users to submit Manuscripts and provides for the hosting and/or publishing of such Manuscripts. By submitting a Manuscript, you hereby grant the Company a worldwide, perpetual, non-exclusive, royalty-free license with the right to sublicense or transfer all or a portion thereof of the aforementioned rights for any purpose, including the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, publicly and digitally perform the Manuscript in any media formats and through any media channels. You grant Company and its affiliates and sublicensees the right to use your name and the Manuscript title in connection with the advertisement, promotion, distribution and sale of the Manuscript and in connection with the advertisement and promotion of Company and its affiliates and sublicensees and the Website. Further, you grant users of the Website a limited, non-exclusive license to download and copy said Manuscript to any memory device, including but not limited to hard drives, thumb drives, personal computers, book readers and mobile devices for the purpose of reading or otherwise consuming the content of the Manuscript. For clarity, you retain your ownership rights in your Manuscript.
In Plain English: Authors own their manuscripts, but they give us the right to put up the book, in any format of our choosing, on our Websites, USB drives, and other software applications where the manuscript could be downloaded and read by users around the world. You also give our users the right to download and read the Manuscript. We may add pages to the beginning and end of your book in order to further market it and our site. We may translate your book in other languages or audio. Finally, you gives us the right to use your name and title of the manuscript in advertisements and promotions as well as for listing the manuscript on the website.
B. You shall be solely responsible for any Manuscript you submit and the consequences of its posting or publishing. In connection with any Manuscript you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright, publicity, publishing or other proprietary rights in and to any Manuscripts you submit to enable inclusion and use of the Manuscripts in the manner contemplated by the Website and these Terms of Service; and (ii) the Manuscript will not constitute unfair competition, defamation, libel, or breach of contract.
In Plain English: Authors are confirming to us they own their manuscripts and have the rights to upload them to our Website. We are not liable if this is not the case. Authors, do not submit any work that is defamatory to another person or company and do not include any protected materials of third-parties (e.g., trademarks, trade secrets, copyrights).
C. In connection with any Manuscript you submit, you further agree that you will not: (i) submit material that violates any third-party's trademarks, patents, copyrights, trade secrets, moral rights, privacy rights, rights of publicity or any other intellectual property, contractual or other proprietary right unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods, misrepresentations, or defamatory content that could damage the Company or any third party; (iii) submit material that is Prohibited Content (as defined below); (iv) post advertisements or solicitations of business; or (v) impersonate another person. “Prohibited Content” shall be defined as content that is:
In Plain English: Any manuscript you upload to the site should be in good taste and does not contain any illegal or illicit content. If you want to know what we generally consider illegal or illicit, please see the list above, but we reserve the right to remove any manuscript we believe violates the law or is otherwise in poor taste. We are not liable if your manuscript contains illegal or illicit content, and if it does we will take it down if it is identified
D. The Company does not endorse any Manuscript or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with all Manuscripts submitted. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and Manuscripts if properly notified that such Content or Manuscript infringes on another's intellectual property rights. The Company reserves the right to remove Content and Manuscript without prior notice. The Company will also terminate a user's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Manuscript or Content removed from the Website more than twice. The Company also reserves the right to decide whether Content or a Manuscript is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such Manuscript or Content and/or terminate a user's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In Plain English: Again, your manuscripts do not contain illicit materials. The determination as to what is and is not illicit is up to us. We do not have to explain our rationale if we take down a manuscript for being illicit or containing illegal content.
E. If you are a copyright owner or an agent thereof and believe that any Manuscript or other Content infringes upon your copyrights, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
In Plain English: Follow the procedure below if you feel someone has infringed your work. We take this seriously and will work diligently to ensure compliance.
F. Upon downloading a Manuscript, you shall be granted a limited, non-exclusive license to download and copy said Manuscript to any memory device, including but not limited to hard drives, thumb drives, personal computers, book readersand mobile devices. You may not modify, adapt, translate, rent, lease, loan, sublicense, assign, resell or otherwise distribute in any way the Manuscript.
In Plain English: You can download and read a manuscript, but do not alter it, sell it or rent it to anyone else.
G. You understand that when using the Website, you will be exposed to Manuscripts from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Manuscripts. You further understand and acknowledge that you may be exposed to Manuscripts that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
In Plain English: We do not guarantee the accuracy or usefulness of any manuscript you download and are not liable for your use of any manuscripts.
H. The Company may host and publish yourManuscript until you decide to unpublish your Manuscript.Upon receiving notice from you to do so, the Company will remove yourManuscript from the Websiteas soon as reasonably practicable.
In Plain English: If you no longer want your manuscript on our Website, let us know and we will take it down. This can take up to 2-3 business days, so please be patient.
Limited vs. Unlimited Downloads
There are distinctive Free-eBooks.net Membership levels granting their respective users eBook downloads with different quantities.
Standard Members are granted access to a maximum of 5 eBooks per month, in either PDF or TXT formats, in addition to unlimited, online previews of eBooks in HTML or PDF formats. “Per month” is based on calendar months and each Standard Member’s access is automatically cleared on the 1st of each new, calendar month. Standard Members are not authorized or able to download ePub or Mobipocket formats.
Trial V.I.P. Members are those people who are granted free trials of our V.I.P. Memberships. These include, but are not limited to, our 1-Week V.I.P. Memberships awarded for 1) those inviting others through our “Refer- a-Friend” functions 2) those who “Like” us on Facebook or “Tweet” us via Twitter and 3) those who complete their Personal Profile page for our community.
Recipients of Free Trial Memberships may download up to 15 eBooks in any of the formats offered, prior to their trial’s expiry date. If a Trial V.I.P. Member uses all 15 downloads, their Trial V.I.P. Memberships automatically expires, regardless of any remaining time left on their Trial. For example, if a user receives a 7-day V.I.P. Trial membership and elects to download 15 different eBooks on day 1, their Trial V.I.P. Membership will expire that same day (day 1) after the 15th eBook downloaded. This user will have exhausted their trial access prior to their expiry date, regardless of the six remaining days of V.I.P. Membership. Upon the expiry of a Trial V.I.P. Membership, the user will become a Standard Member and will be awarded 5 eBook downloads in PDF or TXT (as above), beginning the following calendar month and each month thereafter.
V.I.P. Members are granted “Unlimited” downloads, within reason. There is a volume “cap”that restricts V.I.P. Members from downloading more than 500 eBooks per 30 day period; well above the number of eBooks most readers elect to download in such a reasonable timeframe. These security measures exist to protect all authors and their content from those individuals who copy or “farm” the Free-eBooks.com library, in order to resell these same eBooks which is illegal and, therefore, policed and enforced under International Copyright Laws.
Purchasing products or services from the Company or third-party vendors on the Website may require you to provide payment information (i.e. credit card, debit card, ACH, PayPal®, billing information or other information related to financial products you possess) (hereinafter, the "Purchasing Data"). The Company may collect and store the Purchasing Data for transactional use only. The Purchasing Data will be shared only with third-parties and affiliates required to perform tasks required to complete the purchase of a product or service provided by the Company or its affiliates. The Company will encrypt the Purchasing Data before transmission. Upon completion of the transaction, no personal information is held by the company and any liability for use of “Purchasing Data” ends forthwith.
In Plain English: If you provide us credit card or other financial information, we might have to share it with a bank or credit card processor to complete the transaction.
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES AND SUBLICENSEES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, THE CONTENT AND THE MANUSCRIPT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S 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 THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONSIN 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 WEBSITE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALLTHE COMPANY, ITS AFFILIATES AND SUBLICENSEES, AND THEIR 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 THE WEBSITE CONTENT OR MANUSCRIPT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE COMPANY’S 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 THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE 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 WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY, ITS AFFILIATES AND SUBLICENSEES SHALL NOT BE LIABLE FOR THE MANUSCRIPT 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.
You agree to defend, indemnify and hold harmless the Company, its affiliates, sublicensees and their 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 Website the Content and any Manuscript; (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 any Manuscript submitted by you caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Website.
Ability to Accept Terms of Service
The Company's website, products and/or services are intended for use and access solely by those individuals that are thirteen (13) years of age and older. By using and/or accessing the Company's website, products and/or services, you represent and warrant that you have the right and capacity 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.. Furthermore, you represent and warrant that you will, at all times, abide by all terms and conditions contained within this Terms of Service and any other associated agreement and that:
The Company reserves the right, at its sole discretion, to immediately terminate your account if the Company believes you are under the age of thirteen (13).
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe your work has been copied and posted on or through the Company's website in a way that constitutes copyright infringement or infringement of any other applicable intellectual property law (hereinafter referred to as the "Offending Material"), please send the Company's Copyright Agent a notification of claimed infringement with all of the following information: (i) identification of the Offending Material, or, if multiple Offending Materials are covered by a single notification, a representative list of such works; (ii) identification of the Offending Material and information reasonably sufficient to permit us to locate the Offending Material (e.g., providing URL(s) where the Offending Material may be found); (iii) information sufficient for us to contact you (e.g., address, telephone number and/or an email address); (iv) a statement by you that you have, in good faith, a belief that the Offending Material's use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the owner, or are authorized agent of owner, of the Offending Material; and (vi) your physical or digital signature.
Company’s Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:
260 Littler Dr. SE
Rio Rancho, NM 87124
You agree that: (i) the Website shall be deemed solely based in Nevada; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Nevada. These Terms of Service shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Matrona County, Nevada or the United States District Court of Nevada. These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. With respect to the “In Plain English” comments, these are provided merely for assisting with understanding the obligations hereunder and in no way restrict, modify or limit the language of the clauses they relate to. You agree that you are bound by the full terms of this Agreement and any conflict between the language of this Agreement and the language contained in the “In Plain English” sections, the language of this Agreement will be controlling. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.