Regular Site User Notice of Copyright
Acceptance of Terms
Welcome to the website (the “website”) of D. X. Logan . (“DXLogan.com”). On this website, DXLogan.com may make available to users varied documents, information, graphics, files, publications, software, content, text, downloads, products, tools, resources, communications and services.
PLEASE CAREFULLY READ THE TERMS OF USE BEFORE MAKING USE OF THIS WEBSITE.
By accessing and using this website in any way, including without limitation, using any services, using any content, using any information, downloading any material and/or placing an order for services or products, you agree to and are bound by the terms of use described within this document (“Terms of Use”) DO NOT USE THIS WEBSITE IN ANY MANNER IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS CONTAINED WITHIN THE TERMS OF USE. Terms of Use are entered into by and between yourself and DXLogan.com. If you are using the website on behalf of another party or employer, you represent that you are authorized to accept these Terms of Use on behalf of the other party.
At the sole discretion of DXLogan.com, DXLogan.com reserves the right to change, update, add, modify or remove portions of the Terms of Use at any time without notice. You are solely responsible for checking the Terms of Use for changes. By your continued use of this website following the posting of changes to the Terms of Use, you are considered to have accepted the changes in the Terms of Use.
Use of Materials Limitations
All materials on this website are the copyrighted property of DXLogan.com, affiliated companies, it’s subsidiaries and/or third-party licensors. All service marks, trademarks and trade names are proprietary to DXLogan.com, or it’s affiliated companies, or it’s subsidiaries and/or its third-party licensors.
Unless otherwise specified, the services and materials on this website are exclusively for your personal and non-commercial use. You may not copy, modify, distribute, display, transmit, perform, publish, reproduce, license, create works deriving from, sell or transfer any information, products, software or services obtained from the website without written permission from DXLogan.com.
Privacy Policy
DXLogan.com’s Privacy Policy can be found at Here.
Use of Software on the Website
Any software or e-book that is made available for download from the website (“Software”) is the copyrighted work of DXLogan.com and/or it’s suppliers. The use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software. (“License Agreement”), or as expressly stated on the website pages that accompany the software. An end users may not download or install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely by the end user in accordance with the License Agreement. Any use, redistribution or reproduction of the Software not included in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. All violators will be prosecuted to the maximum extent possible. The absence of a License Agreement that accompanies Software indicates that use of the Software is governed by the Terms of Use.
WITHOUT OMITTING THE FOREGOING, REPRODUCTION OR COPYING OF THE SOFTWARE, TO ANY OTHER LOCATION OR SERVER FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT THAT ACCOMPANIES THE SOFTWARE.
IF AT ALL, THE SOFTWARE IS WARRANTED ONLY ACCORDING TO THE TERMS OF LICENSE AGREEMENT. EXEPT AS WARRANTED IN THE LUCENSE AGREEMENT, DXLogan.com HEREBY DISCLAIMS ALL CONDITIONS AND WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING ALL CONDITIONS AND WARRANTIES OF MERCHANTABILITY, WHETHER IMPLIED, EXPRESSED OR STATUTOROY, FITNESS FOR A PARTICULAR TITLE, PURPOSE AND NON-INFRINGEMENT.
DXLogan.com, FOR THE CONVENIENCE OF THE USER, MAY MAKE AVAILABLE IN ITS MATERIALS AND SOFTWARE OR AS PART OF THE SERVICES, TOOLS AND UTILITIES FOR DOWNLOAD AND/OR USE. DXLogan.com DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT DERIVED FROM SUCH USE OF ANY UTILITIES OR TOOLS. YOU SHALL RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE UTILITIES AND TOOLS MADE AVAILABLE ON THE SERVICES OR IN DXLogan.com PRODUCTS.
Use of Documents and Publications on the Website
Except as expressly prohibited on this website, you are permitted to view, print, copy and distribute documents and publications within this website (such as free e-books, training manuals, FAQs, datasheets, press releases , etc) subject to your agreement that: a)you will not modify the documents, graphics or publications, b) you will display the below copyright notice and other proprietary notices on every copy you make, c) your use of the information is for informational, personal and non-commercial purposes only, d) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of context, e) you agree that DXLogan.com may revoke this permission at any time and you shall immediately stop your related activities to this permission upon notice from DXLogan.com. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The above permissions regarding the use of publications and documents do not include permission to copy the design elements, layout or look and feel of this website. These elements of the website are protected by law, such as trademark, trade dress, unfair competition and other laws and may not be copied or imitated in part or in whole. No logo, graphic, image or sound from the website may be retransmitted or copied without the expressed permission of DXLogan.com
DXLogan.com AND/OR ITS RESPECTIVE SUPPLIERS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN DOCUMENTS AND PUBLICATIONS OR RELATED GRAPHICS PUBLISHED ON THE WEBSITE FOR ANY PURPOSE. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DXLogan.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER IMPLIED, EXPRESS OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL DXLogan.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS OR DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DXLogan.com AND/OR ITS PROGRAM(S) AND/OR PRODUCT(S) DESCRIBED HEREIN AT ANY TIME WITHOUT NOTICE.
Disclosure Policy
This blog is a personal blog written and edited by D.X.Logan. For questions about this blog, please contact the author via the Author’s Contact Page.
This blog accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
The compensation received may influence the advertising content, topics or posts made in this blog. That content, advertising space or post may not always be identified as paid or sponsored content.
The owner(s) of this blog is not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider.
This blog does not contain any content which might present a conflict of interest.
Disclaimers and Other Notices
ALL SOFTWARE, INFORMATION, PUBLICATION, SERVICES AND MATERIALS, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND DXLogan.com HEREBY DISCLAIMS ALL WARRANTIES EITHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, DXLogan.com DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. IN NO EVENT SHALL DXLogan.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, PROFITS OR DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, USE OR PERFORMANCE OF SOFTWARE, MATERIALS, PUBLICATIONS, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE ACCURACY AND SUITABILITY OF THE INFORMATION WITHIN THE WEBSITE, PUBLICATIONS, DOCUMENTS OR MATERIALS. THE WEBSITE, PUBLICATIONS, DOCUMENTS AND MATERIALS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DXLogan.com ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, OMISSIONS OR ERRORS IN THE WEBSITE, PUBLICATIONS, DOCUMENTS AND MATERIALS AND IN ANY OTHER REFERENCE.
DXLogan.com MAY MAKE CHANGES TO THE WEBSITE, SOFTWARE, INFORMATION, DOCUMENTS, PRICES, PUBLICATIONS, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER MATERIAL OR INFORMATION ON THE WEBSITE AT ANY TIME WITHOUT NOTICE.
THE WEBSITE, PUBLICATIONS AND DOCUMENTS ARE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO DXLogan.com PRODUCTS, SERVICES, AND PROGRAMS THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT DXLogan.com INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN YOUR COUNTRY. THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES, WHICH ARE NOT UNDER THE CONTROL OF DXLogan.com AND DXLogan.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DXLogan.com IS NOT RESPONSIBLE FOR THE WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DXLogan.com IS PROVIDING THESE LINKS FOR YOU ONLY AS A CONVENIENCE AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT DXLogan.com ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARY SITES.
Accounts and Security
In the case that services on the website require an account to be opened, you must complete that registration process by providing current, true, accurate and complete information as prompted by the registration form applicable. You are required to promptly update and maintain and update all such information to ensure it continues to remain current, true, accurate and complete. If you are required to select a user name and password, you are entirely responsible for retaining the confidentiality of both the account and the password. Further, you are entirely responsible for all activities that occur through an account registered to you. By creating the account, you agree to notify DXLogan.com immediately of any unauthorized usage of your account or other security breach. DXLogan.com is not liable for any loss that may be incurred to you resulting from the use by another person of the account or password, with or without your knowledge. You may be held liable for losses incurred by DXLogan.com or another party resulting from the use of your account or password. The use of any account other than your own is not permitted without prior permission from the account owner. You acknowledge and agree that some services may provide password-restricted access to customer information including names and certain terms of your contracts. By using this website and registering for services, you consent to DXLogan.com’s display of such information via those services and accept all risks of unauthorized assess to such information. If you provide information of any sort that is out of date, incomplete, inaccurate or false, or if DXLogan.com has reasonable grounds to suspect the information is out of date, incomplete, inaccurate or false, DXLogan.com may terminate or suspend your account and refuse any current or future use of the service or portion thereof. You are entirely responsible for all costs and charges, including without limitation, telecommunications equipment and phone charges, that you incur in order to use the services.
No Unlawful or Prohibited Use
You will not use the website for any purpose that is unlawful or prohibited by these notices, terms and conditions, as a condition of your use of the website. You may not use the services in any manner that could impair, overburden, damage or disable any DXLogan.com server, or network(s) connected to any DXLogan.com server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to materials, services, other accounts, computer systems or networks connected to any DXLogan.com server or to the website. This includes, but is not limited to; password mining, hacking or or any other means of unauthorized access. You may not obtain or attempt to obtain any information or materials through any means not intentionally made available through the website.
Use of Services on the Website
The website may contain chat areas, calendars, news groups, e-mail services, forums, communities, personal web pages, bulletin board services, photo albums and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services or the website, you will not:
- Use the Communication Services or the website in connection with contests, chain letters, spamming, surveys, pyramid schemes, junk email, or any duplicative or unsolicited messages (commercial or otherwise).
- Abuse, stalk, threaten, defame, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post, upload, publish, disseminate, or distribute any inappropriate, defamatory, profane, obscene, obscene as to minors, lewd, child pornography, lascivious, racist, harassing, filthy, indecent, excessively violent, unlawful, or otherwise objectionable name, topic, information or material
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any information or material, including photographs or images, which are made available through the website in any manner that infringes any trademark, trade secret, copyright, patent,or other proprietary right of any party.
- Upload files that contain worms, cancel bots, viruses, time bombs, Trojan horses, corrupted files, or any other similar program or software that may damage the operation of another person’s computer or the property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally displayed, reproduced, distributed, and/or performed in such manner.
- Delete or falsify any copyright management information, such as author attributions, legal or other proper notices, labels of origin, proprietary designations, source of software, or other material contained in a file that is uploaded.
- Inhibit or restrict any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.
- Use any DXLogan.com domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service.
- Transmit bulk or unsolicited communications to any DXLogan.com account holder or to any DXLogan.com.com or affiliated email address (regardless of whether you use the website to transmit any such communication).
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.
DXLogan.com has no obligation to monitor the Communication Services. However, DXLogan.com reserves the right to review materials posted to the Communication Services and/or to edit, alter or remove any materials in its sole discretion. DXLogan.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason.
DXLogan.com reserves the right at all times to disclose any information as DXLogan.com deems necessary to satisfy any applicable legal process, regulation, law or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at DXLogan.com’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. DXLogan.com does not control or endorse any message, information or content found in any Communication Services and, therefore, DXLogan.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized DXLogan.com spokespersons, and their views do not necessarily reflect those of DXLogan.com.
Materials uploaded to the Communication Services may be subject to posted limitations on reproduction, usage and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Notices and Procedures for Making Claims of Copyright Infringement
DXLogan.com will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:
Service provider(s): DXLogan.com.
Name of agent designated to receive notification of claimed infringement: D.X.Logan
Full address of designated agent to which notification should be sent:
508 N. Hill St.
Greeneville TN, 37745
E-mail address of designated agent: Contact Here
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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 service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Spam E-mail and Postings
You agree that DXLogan.com would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of unsolicited email or spam newsgroup postings in violation of these Terms of Use, and that DXLogan.com is entitled to obtain injunctive relief against any such transmission. This is in addition to all other remedies available in equity or at law. DXLogan.com reserves the right to filter, block, or delete unsolicited e-mail.
Generative AI Training
The use of my copyrighted works and intellectual property for the purposes of training AI are expressly forbidden without my expressed written permission separate from a larger document. This includes by way of automatic net crawlers or any other method currently in use or future method yet not designed. If you are using my copyrighted materials or IP with or without expressed permission, you are agreeing the the following terms: Any party which uses my works to train their AI with expressed permission shall pay a royalty of 5% of their gross profits in perpetuity while using the AI thus trained. If a company has been found to use my works to train their AI shall pay 30% of their gross profits retroactive from the date of their creation to the present and 10% of gross profits thereafter.
Indemnity
You agree to defend, indemnify, and hold DXLogan.com, and its officers, subsidiaries, agents, affiliates, employees, co-branders, and partners, harmless from any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out of your Submissions, your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.
Advertisements and Promotions
DXLogan.com may run promotions and advertisements from third parties on the website. The mode, manner, and extent of advertising by DXLogan.com is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DXLogan.com found on or through the website, including payment and delivery of related goods and/or services, and any other conditions, terms, warranties or representations associated with such dealings, are solely between you and such advertiser(s). DXLogan.com is not liable or responsible for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-DXLogan.com advertisers on the website.
Copyright and Trademark Information
COPYRIGHT NOTICE: Copyright © 2011-2024 D.X.Logan, 508 N. Hill St, Greeneville TN, 37745 USA. All Rights Reserved. Duplication, use, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
The Terms of Use constitute the entire agreement between you and DXLogan.com and govern your use of the website, superseding any prior agreements between you and DXLogan.com on the subject matter (including, but not limited to, any prior versions of the Terms of Use). Notwithstanding the prior provision, to the extent, and only to the extent, that any terms set forth in this Terms of Use expressly contradicts any terms of a prior written agreement between you and DXLogan.com in effect as of the date of your use of the website and specifically regarding your use of the website (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You also may be subject to additional conditions and terms that may apply when you use other DXLogan.com services, third-party software or third-party content. You must not assign or otherwise transfer the Terms of Use nor any right granted hereunder.
Georgia law and controlling U.S. federal law govern any action related to the Terms of Use, without regard to the principles of choice of law. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.
DXLogan.com controls and operates this website from its headquarters in various locations in the United States of America and makes no representation that this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries.
You acknowledge and agree that material on this website is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on this website, nor any direct product therefrom, is being or will be acquired for, transferred, shipped, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for chemical biological weapons, nuclear activities, or missile projects unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. Countries subject to U.S. embargo are: Cuba, Iran, Libya, North Korea, Syria, and Sudan. This list is subject to change without further notice from DXLogan.com, and you must comply with the list as it exists in fact. You certify that you are not on the U.S. Department of Commerce’s Denied Persons List or affiliated lists or on the U.S. Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
The failure of DXLogan.com to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.