Terms and Privacy Policy

TEXAS AND MID SOUTH DC has created this Privacy Policy and Terms of Use to explain how you may use the information contained on our app, which includes, for purposes of the Privacy Policy and Terms of Use, using our mobile texts function, push notifications, forms and our applications, including applications on third-party sites or platforms such as social networking sites, and to explain how we use information that you may provide while visiting one of our websites.

PRIVACY POLICY

TEXAS AND MID SOUTH DC is committed to Internet privacy as demonstrated by the policies set forth herein. Please recognize that TEXAS AND MID SOUTH DC may, in its sole discretion, modify these policies from time to time by updating this posting, so we encourage you to check this page each time you revisit our applications or websites. Your continued use of our applications or websites following any changes to this Privacy Policy will constitute your acceptance of such changes. The date of the latest revision will be listed below so you will know if the policies have changed since you last accessed our website.

Your use of applications or websites indicates your acceptance to be bound by the provisions of the Privacy Policy and Terms of Use in effect as of the date of your use. If you do not accept these terms, do not use our websites.

The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

Mobile App and Website Usage; Information Collection

When you visit one of the TEXAS AND MID SOUTH DC applications or websites, we automatically obtain information about your usage, including, for example, the name of your Internet service provider, the browser and type of computer that you are using, the website that referred you to us, the pages you view and the date and time of those page views. We use this information on an aggregate basis to gather data about activity on our websites, which we use to improve the usefulness of our websites. We do not use this information on any kind of individual basis. We do not collect or store personally identifiable information, such as your name, mailing address, e-mail address or phone number, unless you provide that information.

Collection of Personally Identifiable Information

TEXAS AND MID SOUTH DC provides opportunities for you to provide your contact information in order to engage in TEXAS AND MID SOUTH DC activities such as online activism, to place orders for products or services, to correspond with local TEXAS AND MID SOUTH DC or to submit a testimonial (i.e., share your story). Any information we collect, such as your name, mailing address, e-mail address, type of request you are making and any additional information you provide, is collected and stored by TEXAS AND MID SOUTH DC. The information is used to fulfill your request and track aggregate information about usage of these features.

TEXAS AND MID SOUTH DC makes every effort to ensure the secure collection and transmission of your sensitive information using different industry-accepted data collection and encryption methodologies, including SSL (Secure Sockets Layer).

TEXAS AND MID SOUTH DC does not sell your personal information to any third party.

Cookies

A cookie is a piece of data that is stored on a user’s hard drive that contains information about that user. TEXAS AND MID SOUTH DC uses cookies to pre-populate data that you have previously supplied on our website so that you do not need to re-enter such information. We also use cookies to measure aggregate Web statistics such as collecting the number of users to our sites, the number of repeat users and the most popular web pages.

TEXAS AND MID SOUTH DC Sharing and Use of Personally Identifiable Information

The personal information that we collect on the application and website helps us to efficiently and effectively represent union members, to pursue our advocacy agenda and to provide valuable member benefits.

We will use your phone and e-mail address to communicate with you about our activities and offerings, unless you opt-out from receiving such messages. We also will use your phone to send you push notifications for administrative purposes, such as notifying you of major website changes, sending messages related to actions you have taken on the site or for customer service purposes. Although we hope you’ll find these communications informative and useful, you may opt out of receiving future information via e-mail by using the unsubscribe procedures described below and opt out of push notification on the settings on your mobile phone.

When you send e-mail or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.

We use both your personally identifying information and certain non-personally identifying information (such as anonymous usage data, IP addresses, browser type, clickstream data, etc.) to improve the quality of your user experience and the design of the website and to create new features, functionality and services by storing, tracking and analyzing user behavior, preferences, trends and actions.

Text Messages

We also provide an opportunity for users to sign up on our apps and websites to receive text messages from us about issues that may be of importance to them. You only receive mobile texts if you check a box indicating interest in mobile alerts or take some other action to specifically opt in. Depending on an individual’s phone plan, message and data rates may apply for text messages. We never share or sell the mobile numbers we collect.

Opting Out of E-Mail Lists

People who subscribe to e-mail lists via the website will receive periodic updates from TEXAS AND MID SOUTH DC by regular mail, push notifications, fax or e-mail. You may opt out of receiving future information via e-mail by using the unsubscribe procedure specified on the e-mail messages you receive.

Special Notice to Parents

We want to help you guard your children’s privacy. We encourage you to speak with your children about safe and responsible use of their personal information while using the Internet. TEXAS AND MID SOUTH DC does not knowingly collect any personally identifiable information from children under thirteen (13).

Financial Information and Payments

You may be able to purchase items or donate money through our mobile applications and websites. These payments may be made through third party providers such as Paypal or Wufoo. Though TEXAS AND MID SOUTH DC makes every effort to only partner with reputable vendors, TEXAS AND MID SOUTH DC is not responsible for the privacy or security practices of those third parties. We encourage our users to review the Privacy Policies of those third parties before completing any transactions.

Security

TEXAS AND MID SOUTH DC has security measures in place to protect against the loss, misuse and alteration of information within our control. These measures include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.

Please recognize that if you send us an e-mail, the information contained in the e-mail is not secure against interception. So if your communication includes sensitive information, such as your credit card information or Social Security number, and you prefer not to use one of our secure online forms, contact us by mail or by telephone rather than by e-mail.

Corrections/Updating Personal Information

If your personal information changes (such as your ZIP code), or if you wish to have your information removed from our database, contact us and we will endeavor to provide a way to correct, update or remove that personal data provided to us.

It is important to note that we periodically receive routine updates to our database records from local unions. If you are TEXAS AND MID SOUTH DC member and have requested personal information changes, please also alert your local union of any change. Failure to do so may result in your requested changes being overwritten by a subsequent routine update from your local union.

Links to Other Websites

Our applications and websites may contain links to other sites. TEXAS AND MID SOUTH DC is not responsible for the privacy practices or the content on such sites. We encourage our users to be aware when they leave our website and to read the privacy policies of each website that they visit that collects personally identifiable information. This Privacy Policy applies only to information collected through the TEXAS AND MID SOUTH DC application.

Disclaimer

Opinions expressed here and in any corresponding comments are the personal opinions of the original authors and do not necessarily reflect the views of the TEXAS AND MID SOUTH DC.
This app is provided as a resource to members of the TEXAS AND MID SOUTH DC and does not represent a government entity.

TERMS OF USE

By accessing the TEXAS AND MID SOUTH DC applications, which includes, for purposes of the Terms of Use, using our mobile texts function and our applications, including applications on third-party sites or platforms such as social networking sites, you are indicating your acceptance to be bound by the provisions of these Terms of Use and Privacy Policy, which is incorporated herein by reference. If you do not accept any of these terms, do not access the site. TEXAS AND MID SOUTH DC may, in its sole discretion, revise these Terms of Use at any time by updating this posting. Although we may attempt to notify you when major changes are made to these Terms of Use, you should visit this page periodically to review the most up-to-date Terms of Use because they are binding on you. By continuing to use this website following our posting of such changes, you agree to be bound by the Terms of Use, as modified.

The terms “you” and “User” as used herein refer to all individuals and/or entities accessing this website for any reason.

1. Eligibility

By accessing TEXAS AND MID SOUTH DC application, you represent and warrant that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. In any case, you affirm that you are above the age of 13, TEXAS AND MID SOUTH DC application is not intended for children under 13. You also represent and warrant that you will use the website in a manner consistent with any and all applicable laws and regulations.

2. TEXAS AND MID SOUTH DC Permissions and Restrictions

TEXAS AND MID SOUTH DC hereby grants you permission to access and use the app as set forth in these Terms of Use, provided that:

(a) You do not collect any personally identifiable information of others, including user names or e-mail addresses, from the application.

(b) You may not use any of TEXAS AND MID SOUTH DC application websites in violation of any applicable law or regulation.

(c) You do not use TEXAS AND MID SOUTH DC application. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation. You agree not to solicit, for commercial purposes, any users of the website with respect to their user comments.

(d) You do not circumvent, disable or otherwise interfere with security-related features of the website or our sites or servers (or networks connected to our website), including, without limitation, the following activities: (i) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (ii) attempting to interfere with communication to any user, host or network, including, without limitation, via means of submitting a virus to this or any TEXAS AND MID SOUTH DC local site, overloading, “flooding,” “spamming,” “mailbombing” or ”crashing”; or (iii) transmitting or otherwise making available any content containing any “virus,” “worm” or “trojan horse” or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violations of system or network security may result in civil or criminal liability. The TEXAS AND MID SOUTH DC local will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(e) You do not use or launch any automated system, including, without limitation, “robots,” “spiders” or “offline readers,” that accesses the website in a manner that sends more request messages to the TEXAS AND MID SOUTH DC local 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, the TEXAS AND MID SOUTH DC local 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. TEXAS AND MID SOUTH DC application reserves the right to revoke these exceptions either generally or in specific cases.

(f) You do not alter or modify any part of the application.

(g) You do not harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity on or through the application or its communication systems.

(h) You do not transmit or otherwise make available on or through the website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, violent, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable, or potentially libelous or inflammatory, as solely determined by TEXAS AND MID SOUTH DC.

(i)TEXAS AND MID SOUTH DC reserves the right to change or discontinue any aspect of the website at any time, for any reason and without notice to you.

(j)TEXAS AND MID SOUTH DC reserves the right to suspend or terminate a user’s access to the website, without prior notice and at the TEXAS AND MID SOUTH DC's sole discretion.

(k) This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the website.

3. User Accounts

In order to access some features of the website, such as, for example, interactive blogs, you have to login using your Facebook or Google login or become a registered user. As a user, you agree to be bound by the following terms:

(a) When creating or modifying your account, you must provide accurate, current and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you. You must notify the TEXAS AND MID SOUTH DC local immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.

(b) As a user, you may submit comments on various TEXAS AND MID SOUTH DC blogs or other material (collectively, “User Content”) to the application. TEXAS AND MID SOUTH DC reserves the right, but does not assume the obligation, to delete, move, condense or edit such User Content for any reason and without prior notice. TEXAS AND MID SOUTH DC also reserves the right to suspend or terminate a user’s access for posting User Content.

(c) You are solely responsible for your own User Content and the consequences of posting or publishing it. Submissions may be used by TEXAS AND MID SOUTH DC for any purpose in any form without the permission of the submitter and without any consideration apart from participation in accordance with these Terms of Use. By providing User Content to TEXAS AND MID SOUTH DC, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize the TEXAS AND MID SOUTH DC to use all patent, trademark, trade-secret, copyright or other proprietary rights in and to any and all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by these Terms of Use. You agree and represent that, unless you are the owner of such rights or have permission from the rightful owner, you will not submit material that (i) is copyrighted or protected by trademark or trade secret or other intellectual property rights of others; (ii) violates the privacy, publicity or other personal rights of others; or (iii) reveals confidential information or otherwise violates the third-party proprietary rights of others. You further agree and represent that you will not submit material that is harassing, vulgar, unlawful, harmful, profane, defamatory, violent, obscene, threatening, abusive, hateful or is potentially libelous or inflammatory or racially, ethnically or otherwise objectionable.TEXAS AND MID SOUTH DC reserves the right to not post submissions and to remove submissions without prior notice, at the sole discretion of TEXAS AND MID SOUTH DC.

(d) You retain all of your ownership rights in your User Content. However, by submitting User Content to the TEXAS AND MID SOUTH DC local, you hereby grant TEXAS AND MID SOUTH DC a worldwide, nonexclusive, royalty-free, sub licensable, perpetual and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name, voice, appearance and likeness) in any medium in connection with the activities and operations of TEXAS AND MID SOUTH DC, its related and affiliated entities and successors, including, without limitation, for promoting and redistributing part or all of TEXAS AND MID SOUTH DC application (and derivative works thereof) in any form or media, now known or hereafter devised, in all languages throughout the world. You also give TEXAS AND MID SOUTH DC the nonexclusive right to use your name, voice, appearance and likeness, as well as any additional information you have provided about yourself, in any material prepared by or for TEXAS AND MID SOUTH DC in any form or media, now known or hereafter devised, in all languages throughout the world. You also hereby grant each user of TEXAS AND MID SOUTH DC application a non-exclusive license to access your User Content through the website, and to use, reproduce and distribute such User Content for such user’s personal, noncommercial purposes. You understand and agree that TEXAS AND MID SOUTH DC may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the website. The above licenses granted by you are perpetual and irrevocable.

(e)TEXAS AND MID SOUTH DC does not endorse, authorize or ratify any User Content, or any opinion, recommendation or advice expressed therein, and TEXAS AND MID SOUTH DC expressly disclaims all liability in connection with User Content. TEXAS AND MID SOUTH DC does not permit copyright infringing activities and infringement of intellectual property rights on its website, and TEXAS AND MID SOUTH DC reserves the right, but does not assume the obligation, to remove any content from the website if notified that such content infringes on another’s intellectual property rights.

4. Your Use of Content on the Site

In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on TEXAS AND MID SOUTH DC application.

(a) The content on TEXAS AND MID SOUTH DC (other than your User Content), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “TEXAS AND MID SOUTH DC Content”) is owned by or licensed by TEXAS AND MID SOUTH DC. Similarly, the trademarks, service marks and logos contained on the website are owned or licensed by the TEXAS AND MID SOUTH DC local (“TEXAS AND MID SOUTH DC Marks”). Except as otherwise provided in these Terms of Use, TEXAS AND MID SOUTH DC Content and TEXAS AND MID SOUTH DC Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without the prior written consent of TEXAS AND MID SOUTH DC. TEXAS AND MID SOUTH DC reserves all rights not expressly granted in and to TEXAS AND MID SOUTH DC Content and TEXAS AND MID SOUTH DC Marks.

(b) The application is made available for your personal, noncommercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the website; and you may forward website materials to others for personal, non-commercial uses that are reasonably related to the website’s purposes.

(c) The website may contain links to third-party websites that are not owned or controlled by the TEXAS AND MID SOUTH DC local. The TEXAS AND MID SOUTH DC local has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. We encourage you to be aware when you leave the website and to read the terms and conditions and privacy policy of each other website that you visit.

5. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any TEXAS AND MID SOUTH DC Content or User Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TEXAS AND MID SOUTH DC’s Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):

Identification of the copyrighted work claimed to have been infringed;
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 TEXAS AND MID SOUTH DC to locate the material;
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;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
Your name, mailing address, telephone number and e-mail address; and
A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner.

6. Disclaimer of Warranty

THIS APPLICATION IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE TEXAS AND MID SOUTH DC APP AND WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TEXAS AND MID SOUTH DC, AS WELL AS ITS OFFICERS, PRESIDENT, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “TEXAS AND MID SOUTH DC PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. THE TEXAS AND MID SOUTH DC PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE APP AND WEBSITE’S CONTENT OR THE CONTENT OF ANY APP AND WEBSITES LINKED TO THIS APP AND WEBSITE. NOR DO THE TEXAS AND MID SOUTH DC PARTIES GUARANTEE THAT THE APP AND WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE APP AND WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TEXAS AND MID SOUTH DC PARTIES DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH TEXAS AND MID SOUTH DC APP AND WEBSITE OR ANY APP AND WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

7. Limitation on Liability

IN NO EVENT SHALL THE TEXAS AND MID SOUTH DC PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS APP AND WEBSITE, INCLUDING ANY DAMAGES 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 APP AND WEBSITE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR APP AND WEBSITE; (V) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP AND WEBSITE BY ANY THIRD PARTY; AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OR INABILITY TO USE OUR APP AND WEBSITES OR ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA TEXAS AND MID SOUTH DC LOCAL APP AND WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEXAS AND MID SOUTH DC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT TEXAS AND MID SOUTH DC PARTIES SHALL NOT BE LIABLE FOR USER 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. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY.

8. Indemnity

You agree to defend, indemnify and hold harmless the TEXAS AND MID SOUTH DC Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorney’s fees), of whatever nature, arising from: (i) your use of the TEXAS AND MID SOUTH DC application; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of TEXAS AND MID SOUTH DC application.

9. Miscellaneous

These Terms of Use and Privacy Policy shall be governed by the internal substantive laws of Irvine, CA., without respect to its conflict of laws principles. Any claim or dispute between you and TEXAS AND MID SOUTH DC that arises in whole or in part from TEXAS AND MID SOUTH DC website shall be decided exclusively by a court of competent jurisdiction located in Irvine, CA.

These Terms of Use and Privacy Policy, together with any other legal notices published by TEXAS AND MID SOUTH DC on the application, shall constitute the entire agreement between you and TEXAS AND MID SOUTH DC concerning TEXAS AND MID SOUTH DC application and supersedes prior agreements, if any, between you and TEXAS AND MID SOUTH DC relating to any matter dealt with in these Terms of Use and Privacy Policy. If any provision of these Terms of Use or Privacy Policy is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No waiver of any term of these Terms of Use and Privacy Policy shall be deemed a further or continuing waiver of such term or any other term, and the TEXAS AND MID SOUTH DC’s failure to assert any right or provision under these Terms of Use and Privacy Policy shall not constitute a waiver of such right or provision. These Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TEXAS AND MID SOUTH DC without restriction. These Terms of Use and Privacy Policy and the rights and obligations created hereunder shall be binding upon and inure solely to the benefits of the parties hereto and their respective successors and assigns, and nothing in these Terms of Use and Privacy Policy, express or implied, is intended or should be construed to confer upon any other person any right, remedy or claim under or by virtue of these Terms of Use and Privacy Policy.

You and TEXAS AND MID SOUTH DC agree that any cause of action arising out of or related to TEXAS AND MID SOUTH DC application must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.