Terms of use

AGREEMENT AND SERVICES

Yord Apps , Inc. and/or its Affiliates provide access to the Yord Apps  Offerings subject to the conditions set forth in these Terms of Use. For purposes of these Terms of Use, the term "Affiliates" means, with respect to any party, any person or entity which controls, is controlled by, or is under common control with, such party, and the term “Yord Apps  Offerings” means the web sites of Yord Apps , any other sites on which these Terms of Use are posted, and any other Yord Apps  application, service or product licensed, downloaded or otherwise accessed by you through third party sites or sources, including the products and services available through any of the foregoing.

IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND YORD APPS , INC.

THE TERM "YORD APPS " MEANS EITHER YORD APPS , INC. DEPENDING ON YOUR COUNTRY OF RESIDENCE AS DESCRIBED ABOVE, AND IN EACH CASE ALONG WITH ITS AFFILIATES. Your use of the Yord Apps  Offerings constitutes your express acceptance without reservation of these Terms of Use.

Use of the Yord Apps  Offerings is also governed by our Privacy Policy and any other terms of use applicable to services you register to use within a Yord Apps  Offering, including any amendments or updates thereto.

Without limiting the foregoing, each of your Yord Apps  Offering account(s) (each a "Yord Apps  account"), if applicable, and participation in any Yord Apps  Offerings are governed by these Terms of Use. The Yord Apps  Offerings are always evolving, so it is important that you periodically check these Terms of Use, as well as the specific rules for any games or activities in which you choose to participate, for updates. If we revise these Terms of Use, such revision(s) will take effect immediately upon being posted within any Yord Apps  Offering. As with our Privacy Policy, if you do not agree to any of these Terms of Use, you should discontinue using or participating in any and all Yord Apps  Offerings. If there is a conflict between these Terms of Use and any other rules or instructions posted within a Yord Apps  Offering, these Terms of Use will control.

ACCOUNT REGISTRATION

If you create a Yord Apps  account within any Yord Apps  Offering, you must provide truthful and accurate information to us in creating such account. If Yord Apps  has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Yord Apps  may suspend or terminate your ability to use or access a Yord Apps  Offering, and refuse any and all current or future use of or access to any or all Yord Apps  Offerings (or any portion thereof). Yord Apps  requires all users to be over the age of thirteen (13).

Yord Apps  reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.

You are solely responsible for all activity on any and all of your Yord Apps  account(s) and for the security of your computer system. You should not reveal your username or password to any other person. Yord Apps  will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to indemnify and hold Yord Apps  and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of your Yord Apps  account(s). This includes illegal or improper use by someone to whom you have given permission to use your Yord Apps  account(s) or whom you have negligently allowed to access your Yord Apps  account(s). Yord Apps  reserves the right to terminate your Yord Apps  account(s) if any activity that occurs with respect to such account(s) violates these Terms of Use.

ELECTRONIC COMMUNICATIONS

When you access a Yord Apps  Offering, send e-mails or electronically chat with Yord Apps , you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Yord Apps  Offerings. You agree that all agreements, notices, disclosures and other communications that Yord Apps  provides to you electronically satisfy any legal requirement that such communications be in writing.

VIRTUAL ITEMS

Certain Yord Apps  Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs ("virtual items") that can be used while playing the Yord Apps  Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Yord Apps  Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.

You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Yord Apps  Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Yord Apps  Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Yord Apps  Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.

Yord Apps  may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Yord Apps  will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Yord Apps  Offering account is terminated or suspended for any reason, in Yord Apps 's sole discretion, or if Yord Apps  discontinues any Yord Apps  Offering or any portion or feature of any Yord Apps  Offering.

Yord Apps  has no liability for hacking or loss of your virtual items. Yord Apps  has no obligation to, and will not, reimburse you for any virtual items lost due to your violation of these Terms of Use. Yord Apps  reserves the right, without prior notification, to limit the order quantity on any virtual items and/or to refuse to provide you with any virtual items. Price and availability of virtual items are subject to change without notice.

SOCIAL NETWORK SITES

If you access a Yord Apps  Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.

If Yord Apps  has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Yord Apps  may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).

REVIEWS, COMMUNICATIONS AND SUBMISSIONS

Generally

Content standards may vary depending on where you are within a Yord Apps  Offering and the expectations of the relevant game community. Some game play may involve use of stronger language than others, including mild expletives. You should always use your best and most respectful and conservative judgment in interacting as part of any game play, and submitting any content, such as a review or post to any forums or message boards, within a Yord Apps  Offering.

We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Yord Apps  Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Yord Apps  does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Yord Apps  Offerings. Yord Apps  does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Yord Apps  Offerings. You agree to indemnify Yord Apps  and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Yord Apps  Offerings.

Without limiting the generality of these policies and standards, the following actions are examples of behavior that violate these Terms of Use and may result in any or all of your Yord Apps  account(s) being immediately suspended or terminated:

  • Posting, transmitting, promoting, or distributing any content that is illegal
  • Harassing or threatening any other user of a Yord Apps  Offering or any employee or contractor of Yord Apps
  • Impersonating another person, indicating that you are a Yord Apps  employee or a representative of Yord Apps  (if you are not), or attempting to mislead users by indicating that you represent Yord Apps  in any way
  • Attempting to obtain a password, other account information, or other private information from any other user of a Yord Apps  Offering
  • Uploading any software, files, photos, images or any other content to a Yord Apps  Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
  • Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending "spam", or making any commercial use of any Yord Apps  Offering.
  • Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
  • Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Yord Apps  representatives.
  • Posting or communicating any player's real-world personal information within a Yord Apps  Offering or by or through a Yord Apps  Offering or any related bulletin board.
  • Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1x1 pixels, web bugs, and other similar devices.
  • Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Yord Apps  Offering, or using or launching any unauthorized script or other software.
  • Using a false e-mail address or otherwise disguising the source of any content that you submit within a Yord Apps  Offering, or using tools which anonymize your internet protocol address.
  • Interfering or circumventing any Yord Apps  Offering security feature or any feature that restricts or enforces limitations on use of or access to a Yord Apps  Offering.
  • Attempting to sell any part of a Yord Apps  Offering, including, without limitation, any virtual items (if applicable), Yord Apps  accounts and access to them in exchange for real currency or items of monetary or other value.
  • Engaging in cheating or any other activity that Yord Apps  deems to be in conflict with the spirit of a Yord Apps  Offering.

Public Nature of Communications

You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Yord Apps  Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Yord Apps  Offerings (other than with respect to the information you provide to us in establishing your Yord Apps  account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Yord Apps  Offering may be seen and used by others and may result in unsolicited communications. Yord Apps  is not liable for any information that you choose to submit or communicate to other users on or through any Yord Apps  Offerings, or for the actions of any other users of any Yord Apps  Offering.

You represent and warrant that you have all necessary rights in and to any materials that you post within any Yord Apps  Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Yord Apps  and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Yord Apps  permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Yord Apps  Offering, you expressly grant Yord Apps  the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.

Commercial Activity and Unsolicited E-mail

You may not use any portion of the Yord Apps  Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Yord Apps  Offerings, or otherwise exploit your participation on or through any Yord Apps  Offerings for any commercial purpose.

When you post a review, we will display your rating of the Yord Apps  Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.

YORD APPS  SOFTWARE AND YORD APPS  UNLIMITED

We may require that you download certain software from Yord Apps , its principals or its licensors onto your computer ("Yord Apps  Software"). Subject to your compliance with these Terms of Use, Yord Apps  grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Yord Apps  Software to participate in the Yord Apps  Offerings. The Yord Apps  Software is for your personal use, and may not be reproduced, duplicated, copied, resold, sublicensed, or otherwise used in whole or in part by you for commercial purposes. You may not modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from any of the Yord Apps  Software.

You will not be required to download any Yord Apps  Software onto your computer if you choose to access Yord Apps  Unlimited, Yord Apps ’s streaming offering. Subject to your compliance with these Terms of Use, Yord Apps  grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Yord Apps  Unlimited service to access and play games on a streaming basis. Access to Yord Apps  Unlimited is for your personal, non-commercial use. You may not reproduce, duplicate, copy, resell, modify, translate, reverse-engineer, reverse-compile or decompile, disassemble or create derivative works from the Yord Apps  Unlimited service or any games or other content contained therein.

NEITHER YORD APPS , INC. NOR ITS LICENSORS NOR YORD APPS  LUXEMBOURG S.A.R.L, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY YORD APPS  SOFTWARE OR YORD APPS  UNLIMITED (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE YORD APPS  SOFTWARE AND YORD APPS  UNILIMITED, RESIDES WITH YOU.

THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES

Any and all software, content and services (including advertising) within a Yord Apps  Offering that are not owned by Yord Apps  are “third party content and services”. Yord Apps  acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Yord Apps  Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Yord Apps  does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.

VIOLATION OF THESE TERMS OF USE

If you violate our Terms of Use, we reserve the right, in our sole discretion, to immediately terminate your participation in any or all Yord Apps  Offerings, including any and all Yord Apps  accounts you have established. You acknowledge that we are not required to notify you prior to terminating any such account.

TERMINATION OF ANY YORD APPS  ACCOUNT

Yord Apps  and you each have the right to terminate or cancel any of your Yord Apps  account(s), if applicable, at any time for any reason. You understand and agree that cancellation of your Yord Apps  account(s) and/or ceasing use of any and all Yord Apps  Offerings are your sole right and remedy with respect to any dispute with Yord Apps . This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in these Terms of Use or any other agreement between you and Yord Apps , including, without limitation, the Privacy Policy, or Yord Apps 's enforcement or application of these Terms of Use or any other such agreement, including, without limitation, the Privacy Policy, (b) the content available on or through the Yord Apps  Offerings, or any change in or to such content, (c) your ability to access and/or use any Yord Apps  Offerings, or (d) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods, in each case imposed or implemented by Yord Apps  on or through any Yord Apps  Offering.

Yord Apps  reserves the right to collect fees, surcharges or costs incurred before you cancel your Yord Apps  account(s) or a particular subscription. In the event that your Yord Apps  account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Yord Apps  may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Yord Apps  account is terminated or suspended for any reason, in Yord Apps 's sole discretion, or if Yord Apps  discontinues any Yord Apps  Offering that includes virtual items.

Without limiting the foregoing provisions, if you violate these Terms of Use, Yord Apps  may issue you a warning regarding the violation, or, in Yord Apps 's sole discretion, immediately terminate any and all Yord Apps  accounts that you have established with any Yord Apps  Offering, with or without notice.

INTELLECTUAL PROPERTY RIGHTS

The names and logos, and other graphics, logos, icons, and service names associated with the Yord Apps  Offerings are trademarks, registered trademarks or trade dress of Yord Apps  or its licensors or principals in the United States and/or other countries. Yord Apps 's trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of Yord Apps , or in any manner that is likely to cause confusion among consumers or that disparages or discredits Yord Apps  or any Yord Apps  Offering. The compilation of all content on the Yord Apps  Offerings is the exclusive property of Yord Apps  and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the Yord Apps  Offerings unless we have expressly authorized you to do so in writing. All other trademarks not owned by Yord Apps  that appear on the Yord Apps  Offerings are the property of their respective owners, who may or may not be affiliated with or connected to Yord Apps . If you fail to adhere to these Terms of Use, other content owners may take criminal or civil action against you. In the event legal action is taken against you for your acts and/or omissions with regard to any content on the Yord Apps  Offerings, you agree to indemnify and hold harmless Yord Apps  and its employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers.

LIMITATIONS ON WARRANTIES AND LIABILITY

YOU EXPRESSLY AGREE THAT THE USE OF ANY YORD APPS  OFFERING, YORD APPS  SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL YORD APPS  OFFERINGS AND YORD APPS  SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YORD APPS  DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE YORD APPS  OFFERINGS OR YORD APPS  SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE YORD APPS  OFFERINGS, YORD APPS  SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM YORD APPS  ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH YORD APPS  IS TO STOP USING THE YORD APPS  OFFERINGS AND YORD APPS  SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR YORD APPS  ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT YORD APPS  IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A YORD APPS  OFFERING BY, ANY YORD APPS  OFFERING USER. IN NO EVENT SHALL YORD APPS ’ OR ITS EMPLOYEES', CONTRACTORS', OFFICERS', DIRECTORS' OR SHAREHOLDERS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO YORD APPS  FOR YOUR PARTICIPATION IN ANY YORD APPS  OFFERING. IN NO CASE SHALL YORD APPS  OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY YORD APPS  OFFERING OR YORD APPS  SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT YORD APPS  IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YORD APPS  LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF YORD APPS  OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING YORD APPS  OFFERINGS AND YORD APPS  SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Yord Apps  and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from and against any and all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Use for which you are responsible or in connection with your transmission of any content to, on or through any Yord Apps  Offering. Without limiting your indemnification obligations described herein, Yord Apps  reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

IMPORT TAXES AND FEES

When you buy physical goods (e.g. CD-ROM) through any Yord Apps  Offering for delivery outside the United States, you are considered an importer and, as between you and Yord Apps , you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

EXPORT CONTROL LAWS

Certain Yord Apps  Offerings may be subject to United States and international export controls. By accessing Yord Apps  Offerings, you warrant that you are not located in any country, or exporting any Yord Apps  Offerings, to any person or place to which the United States, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Yord Apps  Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.

OTHER LEGAL TERMS

You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Use are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. If any provision of these Terms of Use is found to be illegal or unenforceable, these Terms of Use will be deemed modified to the extent necessary to make them legal and enforceable, and will remain, as modified, in full force and effect. These Terms of Use, including all terms and policies referenced herein, contain the entire understanding, and supersede all prior agreements, between you and Yord Apps  relating to this subject matter, and cannot be changed or terminated orally.

PRIVACY

Yord Apps  respects the privacy of Yord Apps  Offerings users. Please review our Privacy Policy, which also governs your access to and use of the Yord Apps  Offerings, to understand our policies and practices with respect your personal information.

STATUTE OF LIMITATIONS

You and Yord Apps  agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Yord Apps  Offering, these Terms of Use or the Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, and is thereafter forever barr