Terms & Conditions

These Terms & Conditions were last updated on August 1, 2020.

The use of the www.kabbalahadvisors.com website (the “Site” or “Web Site”) and services is governed by these Terms & Conditions. By using www.kabbalahadvisors.com, you acknowledge that you have read these Terms & Conditions and the disclaimers contained herein and that you accept and agree to be bound by the terms hereof.

Because the web is an evolving medium, we may need to change these Terms & Conditions at some point in the future, in which case we’ll post the changes to these Terms & Conditions on this website and update the effective date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept these Terms & Conditions as modified.

We wish you and your family all good and success and G-d’s blessing wherever you are and in all that you are doing.  We have personally used and provided spiritual solutions and the products offered for over two decades and our experience has been mostly positive – however, these items may not work in every instance or may work in lesser ways than the examples quoted. Please note that spiritual effects depends on a variety of factors which we cannot control sometimes and cannot be proven or guaranteed, when we infer that something is successful for a particular purpose we mean that traditionally  it has been held by some sages to be successful for that purpose or/and that historically it is reputed to work to succeed with that purpose, or/and that some people alive today have tried and recommended the item as being successful or helping for that purpose and therefore it may be worth trying.

YOU MUST BE EIGHTEEN YEARS OF AGE OR OLDER TO USE www.kabbalahadvisors.com (“we or us”). WE MAKE EVERY EFFORT TO PROVIDE YOU WITH HELPFUL INFORMATION AND ADVICE. HOWEVER, THIS INFORMATION SHOULD NOT BE USED IN PLACE OF ANY RECOMMENDATIONS BY MEDICAL, LEGAL, OR FINANCIAL PROFESSIONALS OR OTHER PROFESSIONAL COUNSELORS. ALL CONTENT ON THIS WEBSITE IS A PERSONAL OPINION IT IS YOUR RESPONSIBILITY TO EVALUATE ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE. NEITHER WE NOR OUR PARTNERS, OR ANY OF THEIR AFFILIATES, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, INJURY, ILLNESS OR DEATH. YOU ALONE ARE RESPONSIBLE AND ACCOUNTABLE FOR YOUR DECISIONS, ACTIONS AND RESULTS IN LIFE, AND BY YOUR USE OF THE SITE AND SERVICES, YOU AGREE NOT TO ATTEMPT TO HOLD US LIABLE FOR ANY SUCH DECISIONS, ACTIONS OR RESULTS, AT ANY TIME, UNDER ANY CIRCUMSTANCE.

ACCEPTANCE PROCEDURE

By accessing materials on the Web Site you agree with these Terms & Conditions. The Web Site includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained in the web site and related materials. We reserve the right, in our sole discretion, to change these Terms & Conditions from time to time, and your access to the Web Site will be deemed to be your acceptance of, and agreement, to any such changed terms and conditions.

PRIVACY POLICY

We know that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy which is part of this Agreement.

OUR SERVICES

The Web Site provides a variety of things, including without limitations content, books, reports, information, and access to telephone and e-mail consultations (“Content”). Although the Content may be viewed via a standard Internet connection and the Web Site and certain e-mail/offerings are free and open to the public, certain services may require registration and/or payment (any services provided with or without payment, the “Services”). Services are available only to individuals over the age of 18. In addition, we do not permit use of the Services by residents of any jurisdiction that may prohibit our Services. You certify that the information given to us on registration is true and complete. We will not be responsible for any false statements made in registration.

RULES OF SERVICE

We reserve the right to refuse service to any person for any reason. We also reserve the right to pursue legal action against any person who commits fraud, or otherwise violates applicable laws, on our Web Site or using our Services.

ORDER & RETURN POLICY

ALL SALES ARE FINAL. We do not provide any refunds, returns or exchanges on any items or services including, packages, talismans, amulets, custom orders, books, products, membership fees, personal advice, subscriptions or donations.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES (INCLUDING OWNERS, OFFICERS, AGENTS, PARENT OR SUBSIDIARY COMPANIES), WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION. IN PARTICULAR, WE AND OUR AFFILIATED ENTITIES WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR CLAIMS FOR DEFAMATION, PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, LOSS OF INCOME, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THIS SITE, OR TO YOUR RELIANCE UPON ANY INFORMATION, WHETHER BASED IN VERBAL AGREEMENT, CONTRACT, TORT, STATUTORY OR OTHER LAW.   IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSS, OR CAUSES OF ACTION, IF ANY, EXCEED THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

DISCLAIMER – NO PROFESSIONAL ADVICE

INFORMATION PROVIDED THROUGH OUR SERVICES, ON THE WEB SITE AND IN OUR MATERIALS, INCLUDING BUT NOT LIMITED TO THE INFORMATION PROVIDED BY TELEPHONE AND E-MAIL CONSULTATIONS, AS WELL AS THE TEXT, GRAPHICS, IMAGES, AND TOOLS POSTED ON VARIOUS PAGES, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. INFORMATION FROM US IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE WEB SITE OR INFORMATION RECEIVED THROUGH OUR SERVICES. WE ARE NOT ENGAGED IN THE PRACTICE OF MEDICINE OR LAW AND DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, PROCEDURES, TREATMENTS, MEDICATIONS, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED, DISCUSSED, OR DESCRIBED ON THE WEB SITE OR IN OUR MATERIALS OR THROUGH OUR SERVICES. WE ARE NOT ENGAGED IN THE BUSINESS OF PROVIDING FINANCIAL OR INVESTMENT ADVICE AND OUR EMPLOYEES OR CONTRACTORS ARE NOT REGISTERED ADVISORS. YOUR RELIANCE ON THE INFORMATION PROVIDED BY US, BY OUR EMPLOYEES OR CONTRACTORS, BY A THIRD PARTY MODERATOR, BY OUR SPONSORS OR BY OTHER USERS OF THE WEB SITE OR SERVICES IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY US OR OUR SPONSORS OR OTHERWISE ON THE WEB SITE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.

PLEASE NOTE THAT SPIRITUAL EFFECTS CANNOT BE PROVEN OR GUARANTEED, WHEN WE INFER THAT SOMETHING IS SUCCESSFUL FOR A PARTICULAR PURPOSE WE MEAN THAT TRADITIONALLY IT HAS BEEN HELD BY SOME SAGES TO BE SUCCESSFUL FOR THAT PURPOSE OR/AND THAT HISTORICALLY IT IS REPUTED TO WORK TO SUCCEED WITH THAT PURPOSE, OR/AND THAT SOME PEOPLE ALIVE TODAY HAVE TRIED AND RECOMMENDED THE ITEM AS BEING SUCCESSFUL OR HELPING FOR THAT PURPOSE AND THEREFORE IT MAY BE WORTH TRYING. WE HAVE PERSONALLY USED AND PROVIDED THE SPIRITUAL SOLUTIONS OFFERED FOR OVER THREE DECADES AND OUR EXPERIENCE HAS BEEN OVERWHELMINGLY POSITIVE – HOWEVER THESE ITEMS MAY NOT WORK IN EVERY INSTANCE OR MAY WORK IN LESSER WAYS THAN THE EXAMPLES QUOTED.

GENERAL DISCLAIMER

THE INFORMATION PROVIDED ON, FROM OR THROUGH US, OUR SERVICES AND THE WEB SITE IS PROVIDED “AS-IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT). THE WEB SITE AND RELATED INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEB SITE AND SERVICES AND ANY SUCH INFORMATION OR SERVICE. IN PARTICULAR, AND WITHOUT LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEB SITE AND THE INFORMATION AND SERVICES PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEB SITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE MAKE NO WARRANTY OR REPRESENTATION THAT AVAILABILITY OR USE OF THE WEB SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

THIRD-PARTY INFORMATION

Any articles, press clippings or other third-party publications (collectively, “Publications”) made available through the Web Site are furnished by us for your convenience and entertainment. Any opinions, advice, statements, services, offers or other information made available by third parties, including any user of the Web Site, are those of the respective author(s) or publisher(s) and not ours or our affiliates. WE DISCLAIM ANY REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.

RESTRICTIONS; COMPLIANCE WITH LAWS

Your right to use the Web Site and the Services is personal to you. You are solely responsible for the contents of your transmissions through the Web Site and your use of the Services is subject to all applicable local, state, national and international laws and regulations. By using the Web Site or the Services, you agree:
1. not to use the Web Site or the Services for illegal purposes;
2. not to interfere with or disrupt networks connected to the Web Site;
3. to comply with all applicable regulations, laws, statutes, etc., regarding your use of the Services, including, but not limited to, laws and regulations relating to the use of the Web Site or the Services to send electronic mail;
4. not to use the Web Site or the Services to send chain mail, junk mail, spamming or any use of distribution lists to any person who has not given specific permission for such use;
5. not to use the Web Site or the Services for the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, or obscene material or communication of any kind or any nature;
6. not to interfere with any other user’s access to or use of the Web Site or the Services.
7. not to record or use any audio recording or retention devices/technology without our express written consent.
8. not to comment, speak or act in a manner that is deemed by us to be inappropriate, abusive, or threatening.
9. not to disclose to anyone in any manner any communication made through the Website or in connection with Services.  All communication with us is confidential and you are not permitted to share or publish it on any other website or with any third party.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO IMMEDIATELY TERMINATE YOUR ACCESS TO AND USE OF THE WEB SITE OR THE SERVICES WITHOUT RIGHT TO REFUND, FOR ANY VIOLATION OF THESE TERMS & CONDITIONS OR FOR ANY REASON IN OUR SOLE DISCRETION WITHOUT NOTICE. For any reason, and without notice, all or any part of the Site or Services may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account. For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services or Site is unavailable at any time or for any period.

LINKS TO SPONSORS AND OTHER THIRD PARTY SITES

Certain links on the Web Site will let you leave the Web Site. These linked sites, are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by us of any such linked site or the products therein.

INTELLECTUAL PROPERTY RIGHTS; INAPPROPRIATE USE OF THE WEB SITE

The contents of the Web Site and any material provided by us, including, without limitation, all designs, text, graphics, documents, books, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. You may not copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in the Web Site or any communication with the Website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without our express written consent.  You may not disclose to anyone in any manner any communication made through the Website or in connection with Services.  All communication with us is confidential and you are not permitted to share or publish it, post it on other websites or with any third party.  No information or statement contained in these Terms & Conditions or the Web Site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark or other intellectual property right of ours, our affiliates, or any third party. We may, at our discretion, limit or restrict the access and use of the Web Site of any users who infringe the intellectual property rights in the manner described above.

MATERIAL YOU SUBMIT (INCLUDING BLOG SUBMISSIONS AND CONTACT US QUESTIONS)

You acknowledge that you are responsible for any information you provide to us (“Submissions”), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not send or upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

Submissions shall be deemed to be non-confidential and non-proprietary. We have no obligation of any kind with respect to such Submissions and shall be free to reproduce, use, disclose, modify, display and distribute the Submissions to others without limitation. By transmitting such Submissions to us and the Site, you automatically grant to us a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit, share, transmit, print, publicly display, exhibit, copy, modify, sublicense, translate, create derivative works of, publicly perform and distribute such Submissions (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed use, reproduce, and otherwise exploit your Submissions, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. You also permit any other user of the Website or our Services to access, view, store or reproduce the Submissions for that user’s personal use. Without limiting the generality of the foregoing license, you acknowledge that you grant us the right to publicly display all or a part of any Submission on the Web Site or in any other format or media at any time.

Please note that we do not want to receive Submissions containing confidential information from you and any Submissions received will be deemed NOT to be confidential. For purposes of this paragraph, “Submissions” shall not include personally identifiable information, which shall be treated by us in accordance with our Privacy Statement.

This Web Site (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we, our subsidiaries and affiliates (subject to the rights of our and their licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. All individual articles, videos, content and other elements comprising this Web Site are also copyrighted works, and we, our subsidiaries and affiliates (subject to the rights of our and their licensors and licensees under applicable agreements, understandings and arrangements) have rights therein. You must abide by all additional copyright notices or restrictions contained in this Web Site. By posting or submitting content on or to the Web Site (including the Blog, and regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on the Web Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work, in our sole discretion), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to the Web Site made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by the Web Site, compile, re-edit, adapt or modify your Submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other Submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we, our affiliates or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period. We reserve the right to edit, remove or not publish Submissions without prior notice.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with each of your Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us, our affiliates and subsidiaries to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Submissions to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such Submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us, this Web Site or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our company, our and their affiliates and suppliers from any liability, loss, claim and expense (including reasonable attorney’s fees) related to (i) your violation of these Terms & Conditions, and (ii) your use of this Web Site or the Services.

ADDITIONAL PRIVACY POLICIES

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site or in responding via email to a feature provided on the Sits). We only contact individuals who specifically request that we do so or in the event that they have signed up to receive our free newsletters or have purchased one of our products. The Site collects personally identifying information from our users during online registration and online purchasing and you may provide personal information when contacting us.  Generally, this information includes name and e-mail address for registration to receive our free newsletters and name, postal address, and credit card information when purchasing our products or other personal information if seeking advice. All of this information is provided to us by you.

We also collect and store information that is generated automatically as you navigate online through the Sites. For example, we may collect information about your computer’s connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Sites. We also may use a standard feature found in browser software called a “cookie” to enhance your experience with the Sites. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Sites, cookies help us deliver advertisements, identify how many unique users visit us, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Sites where you may have entered preference information before. The Sites also may use web beacons (single-pixel graphic files also known as “transparent GIFs”) to access cookies and to count users who visit the Sites or open HTML-formatted email messages.

We use the information we collect from you while you are using the Site in a variety of ways, including using the information to customize features. and advertising that appears on the Site. We also may provide your information to third parties, such as service providers and contractors, for a variety of purposes. Unless you inform us in accordance with the process described below, we reserve the right to use, and to disclose to third parties, all of the information collected from and about you while you are using the Site in any way and for any purpose, such as to enable us or a third party to provide you with information about products and services. If you do not wish your information to be used for these purposes, you must send a written email to us requesting to be taken off any lists of information that may be used for these purposes or that may be given or sold to third-parties.

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, web logs, through email, or in chat areas – that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

We sometimes use secure socket layer (SSL) to encrypt your data during transmission to us, but no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our end to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and other server security measures.

Your information is stored at the list server that delivers the Site content. Your information can only be accessed by those who help manage this information.  All of the newsletters or emails that are sent to you by the Site include an unsubscribe link in them. You can remove yourself at any time from our newsletters or mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.

DISCLAIMER

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website.

MISCELLANEOUS

These Terms & Conditions constitute the sole agreement between you and us and our affiliated entities relating to your use and our provision of the Web Site and the Services and the subject matter hereof. The laws of the State of New Jersey govern these Terms & Conditions in all respects, without giving effect to conflicts of laws principles. Any dispute or controversy between you and us and our affiliated entities, or arising under or concerning performance or breach of these Terms & Conditions, shall be brought exclusively in the state and federal courts having jurisdiction over Bergen County, New Jersey and you irrevocably consent to the exclusive personal jurisdiction and venue of those courts for such purpose. Any cause of action brought by you against us or our affiliated entities must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred.

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