Terms of Service

Last update: 11-01-2019 Welcome to bankofpatents.com

‘Bank of Patents’ provides its services to you subject to the following Terms of Service ("TOS" or "Service"), whether or not you have registered for the Service. We may update these TOS from time to time. You can review the most current version of the TOS at any time by returning to this page. We may modify this TOS from time to time without notice to you. Please check this website frequently for the most up-to-date Terms.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. Access to, and use of, this website are subject to the Terms of Service, as well as the Privacy Policy, and all applicable laws and regulations. If you have registered as a Problem Solver or Facilitator, your use of this website forms a legally binding contract. You are only authorized to access this website or to use the materials and services contained in the website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these TOS. Please read these TOS carefully. If you do not agree with them, you should leave this website immediately.

Our Service

Bank of Patents does not in any way verify or certify any of the information on the Bank of Patents website, or in any emails or correspondence from participants using the Bank of Patents website.

Receiving of Patents

Bank of Patents agrees to receive patents from inventors which are not published yet, or are published or are granted, to facilitate their licensing.

Bank of Patents agrees to provide such patent holders the ability to post information relating to their patents, in a prescribed format available on the website, where the users can enter information. Once users are registered with the Bank of Patents and have paid the requisite fee, the patent related information is duly processed by the Bank of Patents and converted into a detailed Patent-Licensing-Offer, which is visible to industry clients duly registered with the Bank of Patents. However, for publicity purposes, the Title of Patent and Summary are available and visible to all persons visiting the website of the Bank of Patents.

Bank of Patents agrees to set up a confidential and secure administration extranet where patent holders can post details about their patents, for licensing and industry can view such patents, express interest and bid for the same in case they want to in-license the patent.

Ownership of Patents

Bank of Patents does not claim ownership of the patents posted on its website. However, by submitting such information you are granting Bank of Patents the non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free right to publish and display the information you provide to our site, including the summary of your patent (but not the right to your patent).

Responsibility for content

Client is solely responsible for the content of the information provided to BANK OF PATENTS during the sign up or listing process. BANK OF PATENTS is not involved in the actual invention development process and has no control over the quality, safety or legality of the data disclosed in the patent or accompanying summary listed on this site or the truth or accuracy of the listings. Client is responsible for verifying the accuracy of such information as part of his negotiations with the buyer or seller.

CLIENT must adhere to the Terms and Conditions of the BANK OF PATENTS relating to payment of fee and royalties to the Bank of Patents. Submissions on client's Portal will be kept confidential and will be sent solely to client. Client gives BANK OF PATENTS the right to brand their site with his/her company's logo and colors for purposes of publicity/promotion.

Buying and Selling

Bank of Patents provides users with the ability to post their patents and also to purchase patents through the website. Members who have registered to use Bank of Patents have the option of viewing and/or purchasing patents posted on the site. Patents submitted to BANK OF PATENTS are not confidential or secret.

Bank of Patents does not claim ownership of the patents you submit for posting on the Site. However, by submitting your information you are granting Bank of Patents the non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free right to publish and display the information you provide to our site, including the summary of your patent (but not the right to your patent). You are solely responsible for the content of the information you provide to Bank of Patents during the membership sign up or listing process.

Removal of Members

BANK OF PATENTS may, at its sole discretion, and without notice, remove any Member or person from the BANK OF PATENTS website.

Removal of Information

BANK OF PATENTS may, at its sole discretion, and without notice, remove any information from the BANK OF PATENTS website.

Ads and Postings

The views, claims and opinions expressed in the postings, patents, advertisements and third party postings herein are not necessarily those of Bank of Patents, its employees, agents or directors. This publication and any references to products or services are provided "as is" without any expressed or implied warranty or term of any kind. While effort is made to ensure accuracy in the content of the information presented herein, Bank of Patents or its promoters are not responsible for any errors, misprints or misinformation. Any legal information contained herein is not to be construed as legal advice and is provided for educational purposes only. Interested parties and inventors seeking legal advice should consult a lawyer.

1. Modifications to Service

Bank of Patents reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. In the event of a modification or discontinuance of service, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to Bank of Patents, and you agree that all information submitted to Bank of Patents is at your sole risk. You agree that Bank of Patents has no responsibility or liability for the deletion or failure to store any Content (as defined after this) maintained or transmitted by the Service including without limitation messages and other communications. You agree that Bank of Patents shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

2. Your Information

You must be at least 18 years of age to use our service. In consideration of your use of the Service, you agree to:

• Provide true, accurate, current and complete information about yourself if prompted by the Service's registration form (such information being the Registration Data) and
• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bank of Patents has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bank of Patents has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. Your Responsibility

You understand and agree that all information, statistical data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether posted or privately transmitted by you and other users of our service, are the sole responsibility of the person from which such Content originated. This means that you, and not Bank of Patents, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.

Bank of Patents does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Bank of Patents be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

Accuracy of Data: You hereby agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the website. You also agree to maintain and promptly update the any data and any other information provided to us, to keep it accurate, current and complete. You will be fully responsible for any such information provided on our website.

Security of Account: You will be fully responsible for all use of your account and for any actions that take place using your account. It will be your duty to maintain the security of your account password and identification.

You agree that you will not use the Service so as to violate the law, to misuse the proprietary information or property of others, or to make publications which are threatening or defamatory or otherwise injurious to the safety, business or reputation of others. Without limiting the generality of the foregoing, you also agree not to do any of the following:

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, a Bank of Patents official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
• Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
• Collect or store personal data about other users;
• Access the Service for the purpose of data mining or extracting content from the Service beyond your personal end use.
• Harm minors in any way;
• Intentionally or unintentionally violate any applicable local, state, national or international law.
• Stalk or otherwise harass another; or
• Engage in deceptive marketing or advertising practices. You acknowledge that Bank of Patents may pre-screen Content, and that Bank of Patents has the right (but not the obligation) in its sole discretion to refuse or remove any Content from the Service without notice to you.

You acknowledge and agree that Bank of Patents may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

• comply with legal process;
• enforce the TOS;
• respond to claims that any Content violates the rights of third-parties; or
• protect the rights, property, or personal safety of Bank of Patents, its users and the public.

5. Use of Content

Except as expressly authorized by Bank of Patents or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or its content, in whole or in part.

You agree not to access the Service by any means other than through the interface that is provided by Bank of Patents for use in accessing the Service.

6. Bank of Patents Proprietary Rights

Bank of Patents, the Bank of Patents logo and other Bank of Patents logos and product and service names are trademarks of Bank of Patents, whether or not registered. Without Bank of Patents prior permission, you agree not to display or use them in any manner.

7. Bank of Patents Privacy Policy

Your personal information is subject to our Privacy Policy. For more information, please see our full privacy policy. While Bank of Patents has security procedures in place, it does not guarantee that the procedures will prevent loss, alteration or improper access to data or other content that is part of the Service, including the release of your information to potential defendants.

8. Indemnity

You agree to indemnify and hold Bank of Patents, and its subsidiaries, affiliates, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable attorney's fees due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your Bank of Patents account or password, with your knowledge.

9. Termination

By using the Service, you do not acquire any rights to the Service other than a license to use it that can be terminated in accordance with this section. You agree that Bank of Patents, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, non-payment, for lack of use, or if Bank of Patents believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Bank of Patents may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Bank of Patents may immediately deactivate or delete your account and all related Content information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Bank of Patents shall not be liable to you or any third-party for any termination of your access to the Service.

If your patent submission is not accepted by Bank of Patents, Bank of Patents is not obliged to offer an explanation.

10. Dealings with Third Parties

Your correspondence or business dealings with third parties accessed through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties. You agree that Bank of Patents shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

11. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bank of Patents has no control over such sites and resources, you acknowledge and agree that Bank of Patents is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bank of Patents shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. Intellectual Property of Users

By Submitting User Submissions on the Site or otherwise through the Service, you agree to the following terms:

Bank of Patents will not have any ownership rights over your User Submissions. However, Bank of Patents needs the following license to perform and market the Service on your behalf and on behalf of its other Users and itself.

You grant to Bank of Patents the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to:

• use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Submissions and your trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the "Trademarks") in connection with (a) the Service, (b) Bank of Patent's (and its successors' and assigns') businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third-party websites);
• take whatever other action is required to perform and market the Service;
• allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Submissions and Trademarks in connection with the Service; and
• use and publish, and permit others to use and publish, the User Submissions, Trademarks, names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Service. The foregoing license grant to Bank of Patents does not affect your other ownership or license rights in your User Submissions, including the right to grant additional licenses to your User Submissions.

You are publishing your User Submission, and you may be identified by your name or User ID in association with your User Submission.

You grant to each User a non-exclusive license to access your User Submissions through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use.

You further agree that your User Submissions will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Bank of Patents all of the license rights granted herein.

You will pay all royalties and other amounts owed to any person or entity based on your Submitting User Submissions to the Service or Bank of Patents' publishing or hosting of the User Submissions as contemplated by these Terms of Service.

The use or other exploitation of User Submissions by Bank of Patents and Users as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Bank of Patents shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Submissions.

All information posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.

Bank of Patents will not be liable for any errors or omissions in any Content.

Bank of Patents cannot guarantee the identity of any other Users with whom you may interact while using the Service.

All Content you access through the Service is at your own risk and you will be solely responsible for any resulting damage or loss to any party.

Termination

Bank of Patents may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid to Bank of Patents are non-refundable. All provisions of the Terms of Service that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Bank of Patents has no special relationship with or fiduciary duty to you. You acknowledge that Bank of Patents has no duty to take any action regarding any of the following:

• which Users gain access to the Site;
• what Content Users access through the Site;
• what effects the Content may have on Users;
• how Users may interpret or use the Content;
• or what actions Users may take as a result of having been exposed to the Content.

Bank of Patents cannot guarantee the authenticity of any data or information that Users provide about themselves or their campaigns and projects. You release Bank of Patents from all liability for your having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Bank of Patents makes no representations concerning any Content on the Site, and Bank of Patents is not liable for the accuracy, copyright compliance, legality, or decency of material contained on the Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. BANK OF PATENTS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall defend, indemnify, and hold harmless Bank of Patents, its affiliates, and each of its and its affiliates' employees, contractors, sub-contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Service and Content, or otherwise from your User Submissions, violation of the Terms of Service, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Bank of Patents reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Bank of Patents in asserting any available defenses.

IN NO EVENT SHALL BANK OF PATENTS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE

• FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING),
• FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
• FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED INDIAN RUPEES (INR 100.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

By using the Services, you consent to receive from Bank of Patents all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically.

13. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. BANK OF PATENTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BANK OF PATENTS MAKES NO REPRESENTATION OR WARRANTY THAT

• ) THE SERVICE WILL MEET YOUR REQUIREMENTS
• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BANK OF PATENTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BANK OF PATENTS SHALL NOT BE LIABLE FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF BANK OF PATENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• THE USE OR THE INABILITY TO USE THE SERVICE;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
• INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
• YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SERVICES OR
• ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT IS BANK OF PATENTS LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO BANK OF PATENTS FOR THE SERVICES IN QUESTION.

15. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

16. Notice

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. While Bank of Patents may give you notices from time to time, it is not obligated to do so.

17. Applicable Law

The laws of India shall govern the TOS and the relationship between you and Bank of Patents. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Punjab, INDIA under the jurisdiction of the High Court at Chandigarh. The failure of Bank of Patents to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction 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 TOS remain in full force and effect. You 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 the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.