Netch Terms of Use
NETCH is the service name of みん5 in Japan.

Article 1 Definitions

The following terms are treated in the following provisions as having the meanings given to each respectively.

  • The "Service Provider" is Netch Co. Ltd., the provider of the Service.
  • The "Service" means the Netch service provided by the Service Provider and various services associated therewith.
  • The "User" is the customer who agrees to these Terms and uses the Service provided by the Service Provider.
  • These "Terms" are the provisions to which the User must comply; the Service Provider may change these Terms without prior notice.
  • The "Account" is the whole of various types of information that can identify the User (password, game data, etc.)
  • The "Password" is the code composed of a combination of letters and numbers assigned by the Service Provider to the User.
  • "Paid Service" in these Terms refers to the service which provides the paid game in this service.
  • "MP"in these Terms refers to the virtual in-game currency that can be used in the Paid Services.
  • "Prizes" in these Terms refers to prizes that can be won in the games in the Paid Services.

Article 2 These Terms and the Service

  1. The User using the Service must agree to these Terms before using the net catcher Netch operated by the Service Provider. The Service Provider will assign an account to the User that permits the use of the Service provided by the Service Provider at the time the Service Provider approves the account registration of said User.
  2. Any minor or other person with limited capacity to act who wishes to use the Service shall obtain the consent of his/her parental authority or other legal representative upon use of the Service. The agreement to these Terms by a minor shall also be considered agreement by his/her legal representative.
  3. Various rules, guidelines, decisions, and notifications separately established with respect to the Service shall constitute part of these Terms regardless of the method of issuance (hereinafter, collectively referred to as the "Individual Terms"). If the content of the Individual Terms and these Terms differ, the content of the Individual Terms shall supersede that of these Terms, but if any relevant arrangement specified separately either on these Terms or the Individual Terms, such arrangement supersedes.
  4. Netch Co. Ltd., (hereinafter referred to as the "Service Provider") shall establish in the Terms of Purchase of MP for the みん5 service planned, developed, managed, and provided by the Service Provider, the terms and conditions between the Service Provider and the User on the use of the Paid Service included in the Service.
  5. Concerning the use and provision of the Paid Service, separate individual rules created by the Service Provider as well as various decisions issued from time to time, notifications, and the like (regardless of the actual name; hereinafter referred to as the "Individual Terms") shall be integrated with these Terms. In the event the content of the Individual Terms and these Terms differ, the content of the Individual Terms shall supersede that of these Terms.
  6. The User shall agree beforehand that the information in regards to the Service as well as Terms and Individual Terms shall be delivered via the Service Provider's official website, e-mail or the like, which the Service Provider provide to choose.
  7. The Service Provider shall assume no responsibility for any expenses or damages incurred by the User directly or indirectly with respect to changes to the Service.
  8. The Service Provider shall make the latest version of these Terms available on the website http://netch-jpn.com (hereinafter referred to as the "Service Website") and the User shall be able to reference these Terms there.
  9. The Service Provider shall provide the Service and information pertaining to the Service in Japanese.

Article 3 User Registration

  1. To use the Service, a person must apply in accordance with the method specified by the Service Provider to register with the Service Provider as a user after having agreed to these Terms.
  2. By registering his/her own e-mail address at the time of user registration, the User may use that as his/her account ID. The assigned account ID may not be changed except if the Service Provider accepts an account ID change request and reissues an ID. If the User is in possession or has registered a user ID with another portal site, he or she may treat it as a separate account ID. In addition, the User cannot integrate and use an account ID issued by another portal site with the Service.
  3. As a general rule, the User may have only one (1) account. The possession of multiple accounts is prohibited. If possession of multiple accounts is discovered, those accounts will be removed without prior notice. In that event, any MP that has been paid for by the deleted account ID will be forfeited.
  4. The User's rights and eligibility shall be exclusive to the registered user him/herself. Sharing with a third party or the transfer, sale, name exchange, establishment of right of pledge, or any other provision of collateral to a third party regardless of the existence of compensation regardless of the existence of compensation is prohibited no matter the User's rights no matter the User's rights. Provided, however, if the User is in possession of an account that is both an account ID issued by another portal site and a Netch account ID, the Service Provider will allow the possession of one account for each as a special case. MP and prizes may not be transferred between these accounts even in this case.
  5. If the operation of the Service is determined to be difficult due to equipment or communication failure or other causes, the Service Provider may limit the use of the Service by the User until such cause has been resolved.

Article 4 Personal Information(Private Policy)

For the personal information registered by the user when acquiring the account, the following personal information protection policy is applied.

Netch Co., Ltd. (“Service Provider” hereinafter) recognizes the importance of protecting the personal information that are provided with reliance on the Service Provider by the users of the online game provided by the Service Provider, including the beta test users of it. With the above-mentioned recognition, the Service Provider is committed to handle the information provided by the users with appropriate care.

  • Basic Understanding
    Within the scope necessary for the smooth operation of みん5 (“Service” hereinafter), the Service Provider collects the information of the users of the Service. The service provider handles the information collected with appropriate care within the scope necessary for the usage purpose.
  • Legal Compliance
    The Service Provider, in respect of the deal of the personal information provided by the users, complies with the existing law, the regulations and the obligation specified by the guideline formulated by the competent minister, and this Privacy Policy.
  • Restriction to the usage and provision
    Except in the exceptional circumstances like where the Service Provider is requested on the basis of the law or regulations or attempting to protect the human life, intellectual right, interest and the like, the Service Provider shall never disclose the personal information to third party without obtaining consent of the user.
  • Obtaining personal information and Restriction
    ・The Service Provider endeavors to collect the personal information with clear statement in advance of the necessary information like the usage purpose, the scope of parties who use the information collected, the contact information of us, and to obtain the consent of the user.
    ・The Service Provider may use the collected information to the extent reasonably necessary for smooth operation of Netch with purposes below;
    1. To answer to the question from the user
    2. To inform the user of the new products or services of the Service Provider
    3. To ask the user for opinions
    4. To have statistical analyzes for the continuous service improvement
    5. To send the prize and product to the user
  • Handle of personal information
    1. We shall make the reasonably best effort to prevent of any transfer of the personal information to the third party, leak, steal, loss and the like. On the management of the information provided by users, the Service Provider shall never disclose the personal information to third party without obtaining consent of the user except in the case of an exceptional circumstance.
    2. The Service Provider may record and store an access log that includes the User's IP address, the date and time of access, and the like when the User uses the Service. The Service Provider may only disclose the content of such access logs if disclosure of the access logs is requested on the basis of an investigation, trial, or other laws or regulations, or if the Service Provider receives a legal referral based on a valid reason from a legal institution such as a bar association respectively.
  • Supervise of subcontractors
    Within the scope necessary for the usage purpose, the Service Provider may disclose the personal information provided by the user to the subcontracting parties. In such case, the Service Provider shall supervise necessarily and appropriately the subcontractors after confirming the security of the personal information by the method of contracting NDA and the like.
  • Internal Company Structure
    With regard to the handle and system of the personal information provided by the user, the Service Provider shall construct the internal structure to fulfill the purpose to assign the manager in charge of handling the personal information, to formulate the company regulation and internal rule for the operation, to conduct the appropriate internal audit and to protect the personal information.

Article 5 The User's Own Responsibility

  1. The User shall agree that he/she shall use the Service at his/her own responsibility and shall be liable for all behavior (including but not limited to that which is in violation of these Terms) as well as any consequences and damages pertaining thereto, and shall be responsible for compensation for damages (including all expenses such as legal proceedings) caused by such behavior. With respect to such behavior, the Service Provider shall be exempt from all responsibility.
  2. If the User defames another person through the use of the Service, violates the privacy of another, discloses personal information of another person to a third party, or otherwise infringes upon the rights of another person (including but not limited to copyright, trademark rights, and rights to likeness), that User shall resolve such issue at his/her own responsibility and expense and shall do so without causing undue trouble or expense for others including the Service Provider.
  3. The User shall prepare and carry out execution of agreements to use communication equipment, software, and telephone lines to use the Service as well as subscribing to an internet service provider.
  4. The User shall manager his/her own password at his/her own responsibility. The Service Provider shall assume no responsibility for damages to the User caused by unauthorized use of the password by a third party. In addition, the registered User shall be solely responsible for damages to the Service Provider or a third party by such unauthorized use.
  5. If the User discovers another user violating these Terms, he/she shall promptly report to that effect to the Service Provider.
  6. If information entered at the start of the Service needs to be corrected, the User shall promptly make such corrections in accordance with the procedures prescribed by the Service Provider.
  7. When playing Netch games using a wireless device such as a smartphone or tablet, the User shall be aware of the instability of communication beforehand, and shall be considered to have selected such at his/her own responsibility when failure occurs during play; pursuant to item 1 above, the Service Provider shall hold no responsibility for compensation with respect to such failure.

Article 6 Paid Services

  1. The User can obtain the following rights in the Service through the purchase of MP. Purchasing MP as well as exercising the following rights are subject to the conditions set forth in these Terms.
    • 1-a. Right to participate in the Paid Service to use MP
    • 1-b. Right to receive delivery of prizes acquired through the Paid Service
  2. "Purchasing" in the previous section refers to obtaining the right to use MP acquired freely by the User for a fee in the Paid Service subject to the conditions set forth in these Terms.
  3. MP purchased by the User should not be construed to be the permanent or physical ownership of the User; regardless of the description on the NETCH Website, in the event the Paid Service is ended for reasons otherwise specified, the User shall not be able to make any claims for any reimbursement or repayment.
  4. About MP
    • 4-a. Expiration date of MP
      MP possessed by the User shall remain valid until midnight 180 days from the date the User purchased the MP. MP shall also remain valid only during the period in which the User is eligible to use the Service. If the user has unsubscribed from the Service or has not paid for more than 180 days, or otherwise has lost eligibility to use the Service for reasons otherwise specified by the Service Provider, the MP shall expire. In addition, the User shall not be able to make any claims for any grievances with respect to such expiration measure.
    • 4-b. Using MP
      When using the Paid Service, the User shall agree to expend MP that the User possesses with respect to the amount of MP set as necessary by the Service Provider in the Paid Service, resulting in the reduction of the User's MP balance equal to the expended MP used in the Paid Service.
    • 4-c. Reimbursement and Repayment of MP
      The Service Provider shall not reimburse or repay for any MP balance possessed by the User at the time the User's membership is cancelled (including when the Service Provider revokes the User's right to use the Service).
  5. The amount of usage fees for the Paid Service, the manner of payment of the usage fees, accrual basis, calculation methods, etc. shall be defined by the Service Provider in a separate price list.
  6. Delivery of prizes
    • 6-a. The User can receive the delivery of prizes won using the Paid Service.
    • 6-b. The User may retain the won prize until midnight 30 days after the date of winning the prize.
      If the retention period has passed, the User shall lose all rights including the right to receive the delivery of the prize.
    • 6-c. The amount of delivery fees, payment methods, etc. shall be defined by the Service Provider in a separate price list.
    • 6-d. The User deserves a redelivery service for a fee during the retention period.
      • ※Redelivery fee:3,000MP(Domestic Japan)
        Full amount paid by customer(Outside Japan)
      • ※Payment in MP will occur at the time of redelivery.
    • 6-e. Please contact us once you receive your prize if it was damaged during shipping.
      (The shipping issue report deadline shall be ten (10) days after the prize was shipped by the Service Provider.)
      We will exchange the defective prize for a new one.
      • ※The manufacturer of the prize may work directly with the User depending on the situation.
      • ※We will exchange the defective prize with a replacement prize if a non-defective prize cannot be provided for various reasons.
  7. The Service Provider may change the Paid Service usage fees and billing methods at any time; such changes shall take effect two (2) days after notification of such change is published on the Service Provider's official website or the Service Website. All changes with respect to usage fees and billing methods shall be published on the Service Provider's official website or the Service Website. In order to be aware of the existence or non-existence of any notification of the content of such changes without delay, the User should agree to review periodically the payment method information published on the Service Provider's official website or the Service Website.
  8. The Service Provider may limit separately the usage fee amounts with regard to the use of the Paid Service by the User at the discretion of the Service Provider.
  9. Paid Service usage fees paid by the User shall be paid in advance through the purchase of MP; Paid Service usage fees that have been paid shall not be refundable. The User shall pay to the Service Provider all fees incurred in the use of the Paid Service (including those not settled due to dispute).

Article 7 Settlement of Payments

  1. The user shall make payments for Paid Service usage fees (if other debt is generated by the user through the Paid Service, including such debt) in accordance with the payment method and conditions separately determined by the Service Provider.
  2. For each method of payment settlement used by the User when using the Paid Service, if dispute arises between the User and the relevant settlement company or its agents with respect to charges or other monetary obligations, the Service Provider shall not participate therein and shall assume no responsibility therefor.
  3. Credit card and credit card expiration information entered by the User will be passed on to the settlement company subcontracted by the Service Provider and will not be stored by the Service Provider.

Article 8 Suspension of the Paid Service

  1. The Service Provider may suspend all or part of the Paid Service at any time at their own discretion without notifying the User prior.
  2. The Service Provider shall assume no responsibility for damages suffered by the User or a third party as a result of the suspension of the Paid Service.
  3. The User may make no claim for reimbursement or repayment for the MP balance possessed by the User at the time the Paid Service was suspended.

Article 9 Discontinuation of the Paid Service

  1. The Service Provider may discontinue provision of all or part of the Paid Service at any time at their own discretion by posting notice to Users on the みん5 Website http://netch-jpn.com thirty (30) days before the Paid Service is to end.
  2. The Service Provider shall assume no responsibility for damages suffered by the User or a third party as a result of the discontinuation of the Paid Service.
  3. The User may make no claim for reimbursement or repayment for the MP balance possessed by the User at the time the Paid Service was discontinued.

Article 10 Service Use Restrictions

The Service Provider may limit the use of the Service by the User without prior notice if any of the following situations have occurred. The Service Provide may determine the method and details of such restriction at their own discretion.

  1. If there is a possibility the User's behavior is in conflict or violation of these Terms or if such violation has occurred.
  2. If unauthorized use of the Service by a third party has occurred due to the disclosure of the User's password, or if unauthorized use of the Service Provider's other services by a third party occurs, or if there is reason to believe this has occurred.
  3. If the Service Provider determines the User's behavior will interfere with their business (including the Service).
  4. If usage restrictions are imposed on any of the accounts of a User in possession of multiple accounts, the Service Provider may impose the same usage restrictions on all of the accounts possessed by that User.

Article 11 Cancellation of Membership to the Service, Suspension of Use, and Termination of Agreement to these Terms

  1. If the User wishes to cancel his/her membership to the service, he/she may cancel by using the “UNREGISTRATION” link on “My Page.” There are no costs associated with canceling a membership.
  2. After the Service Provider receives the request to cancel the User's membership, the Service Provider will halt delivery of e-mails from the Service to end the membership. In addition, the User should understand beforehand that MP belonging to the canceled account cannot be restored.
  3. If restrictions on the use of the Service with the User's account have been imposed and the User has not corrected or resolved the reasons for such imposition within a reasonable period of time despite receiving notification of the imposition, the Service Provider may terminate the User's membership or suspend use of the Service by notifying the User in the manner specified by the Service Provider.
  4. If the reason for the restrictions on use of the Service is determined to be seriously damaging to the Service Provider or of malicious substance, notwithstanding the previous item, the Service Provider may terminate the User's membership or suspend use of the Service by the User without notifying the User prior.
  5. The Service Provider shall assume no liability for damages or any other responsibility for consequences or damages incurred by the User or a third party resulting from the practice of the measures set forth in the preceding item.

Article 12 Information Uploaded by the User

  1. If the User discloses any text, information, or designs online in any form in the use of the Service, he/she shall only do so upon fully ensuring the information uploaded by the User does not infringe upon the rights of anyone (including the Service Provider) except for the User.
  2. The Service Provider may view the information uploaded by the User at any time in order to manage the Service.
  3. The Service Provider may, in any of the following cases, modify or delete information uploaded by the User immediately without notifying the User prior. Provided, however, the Service Provider holds no responsibility for the management of this uploaded information, and in the event the fact that the information was not modified or deleted causes expenses or damages to occur for the User or another party (including the Service Provider), the User shall be solely responsible, and the Service Provider shall assume no responsibility.
    • 3-a. If the uploaded information exceeds the limit (by period, amount, etc.) defined by the Service Provider.
    • 3-b. If the uploaded information is in violation of the rights of the Service Provider or a third party, or there is reason to believe thereof.
    • 3-c. If the uploaded information violates the law or is contrary to public order and moral, or there is reason to believe thereof.
    • 3-d. If the Service Provider determines it necessary for the maintenance and inspection or management of the Service.
  4. If the information uploaded by the User causes expenses or damages to occur for the Service Provider, the User shall be responsible for the expenses incurred and shall compensate for damages based on the claims from the Service Provider.

Article 13 Matters Not Guaranteed

The Service Provider makes no guarantee and assumes no responsibility for the following matters in any of these Terms or per the law. In addition, the Service Provider assumes no responsibility for the obligation to correct any issues resulting from these matters and shall not compensate for special damages, indirect damages, incidental damages, or consequential damages with respect to these matters.

  • That the Service will always operate normally.
  • That no problems or defects will arise with the Service as well as within the Service.
  • That no bugs, defects, or other problems are present in the software or any of the data or information provided with the Service or within the Service.
  • That the Service will be provided in a timely manner without interruption and that server access will always be available when using the Service.
  • That the content and method of the Service will meet the User's wishes and specific purpose.
  • That the information provided by the Service is accurate and reliable.
  • That information sent and received by the User will be displayed properly on-screen and that the information will be stored on a specific server, and that the information will reach third parties including the Service Provider and other users.
  • That information uploaded in the Service will be lost.
  • That the Service is secure (including that no trouble occurs with the User's PC or internet environment by using the Service).
  • Guarantee of MP when communication unexpectedly cuts off or an error occurs within the Wi-Fi communication environment.

Article 14 Suspension and Discontinuation of the Service

  1. The Service Provider may suspend all or part of the Service at their own discretion without notifying the User prior if the provision of the Service becomes difficult due to any of the following reasons.
    • 1-a. Natural disaster (earthquake, tsunami, floods, eruptions, etc.), force majeure (war, unrest, riots, etc.), infrastructural accidents (fire, power failure, etc.)
    • 1-b. Regular or emergency maintenance in relation to the Service system.
    • 1-c. If based on the instructions or orders by law or from government agencies and the like.
    • 1-d. For any other operational or technical reasons.
  2. The Service Provider may discontinue all or part of the Service at any time at their own discretion regardless of reason. Notification of such discontinuation shall be made on the Service Provider's official website by thirty (30) days before it is to take effect.
  3. The Service Provider shall assume no responsibility if the for any costs or damages incurred by the User or a third party when the Service Provider suspends or discontinues all or part of the Service.
  4. If all or part of the Service is suspended or discontinued during operation, the User may make no claim with respect to points or personal information existing within the service related to users using the Service.

Article 15 Attribution of Rights

  1. The following components including the Service (information, programs and software, trademarks, trade names, know-how, and trade secrets) and the rights pertaining to general technology incidental thereto (all rights including but not limited to patent rights, utility model rights, design rights, and copyright), as well as all other rights including usage rights and right of management associated thereto belong to the Service Provider or the third party possessing those rights.
  2. The User may not modify, adapt, copy, edit, reprint, distribute, transmit, or publish, nor use beyond the scope of private use set forth in the law or for commercial purpose the following components including the Service (information, programs and software, trademarks, and trade names) without obtaining prior consent in writing from the Service Provider or third party possessing those rights.
  3. The user shall grant the Service Provider the right to duplicate and distribute as well as the right to delete information uploaded by the User at any time at the Service Provider's discretion when the User uploads said information. If the uploaded information is transmitted or distributed to a third party by the Service Provider, which specific user uploaded such information shall be concealed.
  4. Concerning various proposals with respect to the Service conceived, disclosed, or presented by the User while using the Service, the Service Provider may make use of such proposals without obtaining the consent of the User who conceived of, disclosed, or presented the proposal.

Article 16 Prohibited Matters

In addition to prohibited matters separately defined in these Terms, in order to use the Service with the best possible experience, the User is prohibited from the following acts with respect to the Service.

  • Acts that may violate the intellectual property rights or other legally recognized rights of the Service Provider or a third party or the privacy of a third party, or that may harm the credit or trust of the Service Provider or a third party.
  • Except as otherwise permitted by these Terms, the act of transferring, lending, or succeeding data or information obtained through the use of the Service (including copies thereof) regardless of whether the data or information was obtained for free or at a cost.
  • The act of interfering with the management of the Service, the network system, or access and operation by other users (including the use or provision of harmful programs such as computer viruses, or acts that could lead to such).
  • The act of disclosing the content modified, altered or edited and the method of doing so with respect to information, content, and copyrighted material published in the Service regardless of the method used in all locations including the Service Provider's website and users' own home pages without obtaining prior consent from the owners of the content.
  • Acts that discriminate or are slanderous against, or defames the credit or trust of the Service Provider or a third party, as well as acts that infringe upon the privacy of communications of a third party.
  • The act of publishing, disclosing, providing, delivering, or transmitting content that is or may be slanderous, harassment, obscene, or otherwise causes a sense of unpleasantness in other users.
  • The act of pretending to be someone else to use the Service fraudulently.
  • The formulation and conduction of groups holding beliefs based on prejudice against a religion, race, gender, ethnicity, human rights, and any other prejudice or intended for commercial activity.
  • The act of eliciting the account ID or password of another person as well as disclosing such information including that of the User regardless of inside or outside the game.
  • The act of participating in the abuse of any bugs in the programs or software (including client software and server software) of the Service for unjust purposes, informing others of such bugs, or of using such bugs.
  • The act of developing tools for fraud, server emulators, pirated clients, and the like or utilities for the purpose of abuse, the distribution or use of such, or inducing or recommending the use of such to a third party.
  • The modification, analysis, publication, alteration, creation of derivative works, decompilation, disassemble, and reverse engineering of the Service's communication data, programs, and the like.
  • Marketing activities and other acts for the purpose of profit, or the preparation for such acts.
  • The act of infringing upon the rights and interest of the Service Provider or a third party, or publishing, disclosing, providing, delivering, or transmitting falsehoods, forgeries, or fraudulent information that infringes upon such rights and interests.
  • The act of interfering with the operation of the Service. The act of interfering with the exchange or sharing of information lead by another user or a third party. Acts that cause disadvantage to the Service Provider, other users, or other people such as damaging their credit or infringing on their property rights, or any acts similar to the matters specified in each of these items.

Article 17 Recovery Measures and Liability for Damages

  1. If the User carries out any of the acts described in the preceding article, the Service Provider may take all measures necessary and appropriate in order to recover and carry out the proper and uninterrupted use, provision, and operation of the Service.
  2. If the Service Provider or a third party suffers damages due to the fact that the User is in violation of the provisions of these Terms, the User shall be liable for such damages based on the claim of the Service Provider or the third party.

Article 18 Disclaimers

  1. The Service Provider assumes no responsibility to the User with respect to the development, operation, and provision of the Service; in the event problems, dispute, trouble, or the like occur with respect to the Service, the Service Provider shall assume no responsibility therein.
  2. Force majeure beyond the Service Provider's expectations such as failure of equipment used to provide the Service, system failure, power outage, and communication line errors may result in the delay or loss of User data. In the event membership information or other data with respect to membership is delayed or lost due to the occurrence of such a situation, the Service Provider shall assume no liability expect when there is willful or gross negligence by the Service Provider.
  3. Despite the provisions of this section, if the Service Provider's exemptions from responsibility prescribed in Terms of Use are not recognized by mandatory law, final judgement of the court, or the like, the Service Provider shall be responsible only for damages directly to the User (that is, lost profits, consequential damages, and indirect damages shall not be subject to compensation), and the Service usage fees already paid by the user will be consider the upper limit of the compensation.
  4. The User shall endeavor to avoid excessive use of the Service in such a manner that would disrupt a healthy living environment at her/her own discretion. The Service Provider shall assume no responsibility for social, mental, or physical damages caused by the User deviating from proper use of the Service.
  5. For prizes acquired by the User, the User shall lose all rights after the User's retention deadline has passed, and the Service Provider shall assume no responsibility to the User including with respect to retention and delivery. For prizes delivered to the user by the retention deadline, the Service Provider shall assume no responsibility to the User including with respect to the quality of the prize except in the case of damage during shipment.

Article 19 Governing Law and Dispute Resolution

These Terms are subject to compliance with Japanese law. If any problems, dispute, trouble, or the like arise between the User and the Service Provider with respect to the Service, resolution shall be attempted by consultation in accordance with the principles of good faith between the parties. In the event the dispute cannot be solved by consultation between the parties, the Tokyo District Court has exclusive first instance jurisdiction for such dispute and shall resolve the matter. Provided, however, any litigation must begin within one (1) year from the occurrence of the cause for the litigation. Litigation may never be brought forth based on a cause that occurred more than one (1) year prior.

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