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TERMS OF USE

 

  1. Acceptance of Terms.

 

Eleasing Solutions, Inc., a Colorado Corporation, doing business as Premier Vacation Spot (hereinafter “Premier Vacation Spot”) through www.premiervacationspot.com (hereinafter “Site”) provides an online resource for owners and/or property managers (hereinafter “Owner/Manager”) to list their vacation properties for rent to potential guests (hereinafter “Guest”) and for Guest to search for vacation properties to rent (hereinafter collectively “Service”). These Terms of Use describe the terms and conditions applicable to your access or use of the Service. This document is a legally binding agreement between you as the user(s) of the Service (hereinafter referred to as “You”, “Your” or “User”) and Premier Vacation Spot.

 

Your access or use of the Service is subject to the terms and conditions contained in this Agreement as well as any other rules and policies of the Service that Premier Vacation Spot may publish from time to time. This Agreement and such other rules and policies of the Service are collectively referred to below as the “Terms”. By accessing or using the Service, You agree to accept and be bound by the Terms. You acknowledge and agree that Premier Vacation Spot may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to access or use the Service, you agree that the amended Terms will apply to You.

 

  1. Required Age.

 

You may only use the Service if You can form a binding contract with Premier Vacation Spot, and only in compliance with these Terms and all applicable laws. By using the Service, You represent and warrant that you are at least 18 years old. In the event that the information You provide in this regard is not truthful, Premier Vacation Spot shall not be liable as it cannot verify the age of the User. Premier Vacation Spot may contact You at any time requiring You to prove Your age using a photocopy of an identity card or equivalent. If You deny providing identification, Premier Vacation Spot reserves the right to close Your User profile and You will not be able to continue using the Service.

 

  1. License.

 

Subject to these Terms, Premier Vacation Spot grants to User a limited, non-exclusive, non-transferable, and revocable license to use the Service; unlicensed access or use is unauthorized. User agrees not to license, distribute, make derivative works, display, or sell content from Premier Vacation Spot. Premier Vacation Spot may terminate or suspend this license at any time, with or without cause or notice to You. Upon termination, You continue to be bound by the Sections of these Terms that are meant to survive this license.

 

User grants to Premier Vacation Spot a perpetual, irrevocable, unlimited, worldwide, fully paid sublicense to use, copy, perform, display, distribute, and make derivative works from content User posts onto the Site.

 

  1. Registration.

 

User must be registered on the Site to access or use certain features of the Service (hereinafter “Registered User”); a registered User can be a Owner/Manager (hereinafter “Registered Owner/Manager”) or a Guest (hereinafter “Registered Guest”). If You choose to register, You are required to enter a valid email address and a password. You must keep your account information up-to-date and accurate at all times. You are responsible for maintaining the confidentiality of this information.

 

  1. Registered Owner/Manager’s Service Fees.

 

Premier Vacation Spot offers three (3) Service Fee options to a Registered Owner/Manager to list their vacation properties for rent to potential guests (hereinafter “Service Fee”).

 

Option 1: Premier Vacation Spot will charge Registered Owner/Manager a Service Fee of $249.00 U.S. per vacation property annually or $24.99 U.S. per vacation property per month. The Service Fee charged herein is non-refundable.

  • Registered Owner/Manager is responsible for updating its own vacation property calendar, rates, pictures, and other specific terms and conditions.

  • Registered Owner/Manager will receive and be responsible for all of its leads and phone calls from potential guests.

  • Registered Owner/Manager will be responsible for processing any agreements/contracts specific to its vacation property.

  • Registered Owner/Manager will be responsible for processing all booking fees, taxes, and other charges from the Registered Guest associated with the reservation only, not any subsequent charges thereafter.

  • Registered Owner/Manager will be responsible for processing refunds to the Registered Guest.

  • Registered Owner/Manager will be responsible for handling all disputes with the Registered Guest.

  • Registered Owner/Manager represents and warrants that the vacation property, rates, and dates reserved by Registered Guest are guaranteed unless an unforeseen circumstance beyond the control of Registered Owner/Manager causes the vacation property to become unavailable (i.e., the vacation property is sold or uninhabitable), in which case, Registered Owner/Manager will substitute comparable or better accommodations without liability to Registered Guest. If comparable accommodations are not available, Registered Guest will be notified immediately by Registered Owner/Manager and Registered Guest will be refunded all monies paid or a credit for a future stay may be arranged.

 

Option 2: Premier Vacation Spot will charge Registered Owner/Manager a five percent (5%) commission of the nightly, weekly, or monthly rate per vacation property for all online bookings. Registered Owner/Manager will be permitted to use Premier Vacation Spot’s API (www.bookingpal.com) for updating its own vacation property calendar, rates, pictures, and other specific terms and conditions.

  • Registered Owner/Manager will receive and be responsible for all of its leads and phone calls from potential guests.

  • Registered Owner/Manager will be responsible for processing any agreements/contracts specific to its vacation property.

  • Registered Owner/Manager will be responsible for processing any agreements/contracts specific to its vacation property.

  • Registered Owner/Manager will be responsible for processing all booking fees, taxes, and other charges from the Registered Guest associated with the reservation only, not any subsequent charges thereafter.

  • Registered Owner/Manager will be responsible for processing refunds to the Registered Guest.

  • Registered Owner/Manager will be responsible for handling all disputes with the Registered Guest.

  • Registered Owner/Manager represents and warrants that the vacation property, rates, and dates reserved by Registered Guest are guaranteed unless an unforeseen circumstance beyond the control of Registered Owner/Manager causes the vacation property to become unavailable (i.e., the vacation property is sold or uninhabitable), in which case, Registered Owner/Manager will substitute comparable or better accommodations without liability to Registered Guest. If comparable accommodations are not available, Registered Guest will be notified immediately by Registered Owner/Manager and Registered Guest will be refunded all monies paid or a credit for a future stay may be arranged.

 

Payment of the Listing Fee and Setup Fee by Registered Owner/Manager shall be by Visa, MasterCard, American Express, or Discover in accordance with the terms stated herein. Registered Owner/Manager authorizes the Premier Vacation Spot to keep the credit card information on file and to charge Registered Owner/Manager’s fees, costs, and expenses as incurred. Registered Owner/Manager understands that this authorization is valid and cannot be canceled while a financial obligation is outstanding to the Premier Vacation Spot under the terms set out above. Registered Owner/Manager further understand that if the credit card is canceled or replaced (including issuance of a credit card with an updated expiration date or updated CVV), Registered Owner/Manager is obligated to supply Premier Vacation Spot with the new credit card information.

 

The Listing Service is for an initial one (1) year term starting on the date of payment of the Listing Fee and Setup Fee and will be automatically renew for successive one (1) year terms from that date unless one Party provides the other Party with written notice of non-renewal at least thirty (30) days prior to the end of the applicable term. Premier Vacation Spot has the right to terminate the Listing Service, in its sole and absolute discretion, upon notice to Registered Owner/Manager.

 

  1. Registered User’s Responsibility.

 

Registered User represents and warrants that (a) You have full power and authority to accept the Terms, to grant the license and authorization, and to perform the obligations hereunder; and (b) Your use of the Service is for authorized purposes only.

 

Registered User will be required to provide information or material as part of the registration process on the Site or Your use of any Service. Registered User represents and warrants that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of Registered User’s access or use of the Service is true, accurate, current, and complete, and (b) You will maintain and promptly amend all information and material to keep it true, accurate, current, and complete.

 

Registered Owner/Manager represents and warrants that (a) You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that You submit, post, or display; (b) any User Content that You submit, post, or display does not infringe or violate any intellectual property right of any third party (hereinafter “Third Party Rights”); (c) You have the right and authority to offer for rent the vacation property described in the User Content.

 

Registered Owner/Manager represents and warrants that the User Content that You submit, post, or display shall (a) be true, accurate, complete, and lawful; (b) not be false, misleading, or deceptive; (c) not violate any applicable laws and regulations; and/or (d) not contain any link directly or indirectly to any other website which includes any content that may violate the Terms.

 

Registered User represents and warrants that You shall (a) carry on Your activities on the Site in compliance with any applicable laws and regulations; (b) conduct Your business transactions with other Users of the Site in good faith; (c) carry on Your activities in accordance with the Terms; (d) not use the Service or Site to defraud any person or entity (including without limitation, use of stolen credit/debit cards); (e) not impersonate any person or entity, misrepresent yourself, or your affiliation with any person or entity; (f) not engage in spamming or phishing; (g) not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities; (h) not infect the Site or other User with any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; (i) not participate in any activity to undermine the integrity of the data, systems, or networks used by Premier Vacation Spot and/or any User of the Site or gain unauthorized access to such data, systems, or networks; and/or (j) not engage in any activities that would otherwise create any liability for Premier Vacation Spot.

 

Registered User acknowledges and agrees that Premier Vacation Spot shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained, or accessible through the Site or Service. Premier Vacation Spot does not endorse, verify, or otherwise certify the contents of any comments or other material or information made by any Registered User. Registered User is solely responsible for the contents of Registered User’s communications and may be held legally liable or accountable for the content of Registered User’s comments or other material or information.

 

Registered User acknowledges and agrees that Registered User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and the Service are in compliance with the same.

 

  1. Breach by Registered User.

 

Premier Vacation Spot reserves the right in its sole discretion to remove, modify, or reject any User Content that You submit to, post, or display on the Site which Premier Vacation Spot reasonably believes is unlawful, violates the Terms, could subject Premier Vacation Spot to liability, or is otherwise found inappropriate in Premier Vacation Spot’s opinion.

 

If Registered User breaches any Terms, or if Premier Vacation Spot has reasonable grounds to believe that Registered User is in breach of any Terms, Premier Vacation Spot shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (a) suspending or terminating the Registered User’s account and any and all accounts determined to be related to such account by Premier Vacation Spot in its discretion; (b) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (c) removing any vacation property listings or other User Content that the Registered Owner/Manager has submitted, posted or displayed, or imposing restrictions on the number of vacation property listings or User Content that the Registered Owner/Manager may post or display; (iv) imposing other restrictions on the Registered User’s use of any features or functions of any Service as Premier Vacation Spot may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Premier Vacation Spot may deem necessary or appropriate in its sole discretion.

 

Without limiting the generality of the provisions of the Terms, a Registered User would be considered as being in breach of the Terms in any of the following circumstances: (a) upon complaint or claim from any third party, Premier Vacation Spot has reasonable grounds to believe that such Registered User has willfully or materially failed to perform Your contract with such third party including without limitation where the Registered Owner/Manager has failed to make available the vacation property rented by such third party after receipt of the rent or other required fees, or where the vacation property that the Registered Owner/Manager has delivered materially fail to meet the terms and descriptions outlined in Your contract with such third party; (b) Premier Vacation Spot has reasonable grounds to suspect that such Registered Guest has used a stolen credit card or other false or misleading information in any transaction with a counter party; (c) Premier Vacation Spot has reasonable grounds to suspect that any information provided by the Registered User is not current or complete or is untrue, inaccurate, or misleading; or (d) Premier Vacation Spot believes that the Registered User’s actions may cause financial loss or legal liability to Premier Vacation Spot or any other Users.

 

Premier Vacation Spot reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Premier Vacation Spot may disclose the Registered User’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Premier Vacation Spot shall not be liable for damages or results arising from such disclosure, and Registered User agrees not to bring any action or claim against Premier Vacation Spot for such disclosure.

 

  1. Transactions Between Registered Owner/Manager and Registered Guest

 

Through the Site, Premier Vacation Spot provides an online resource for Owner/Managers to list their vacation properties for rent to Guests and for Guests to search for vacation properties to rent. Premier Vacation Spot additionally provides an online resource for Registered Users to place, accept, conclude, manage and fulfill a vacation property rental reservation. Premier Vacation Spot does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the vacation property offered for rent on the Site or the ability of the Owner/Manager to complete the transaction or the ability of Guest to complete the transaction. Premier Vacation Spot does not own or manage any vacation rental property listed on the Site.

 

Users are hereby made aware that there may be risks of dealing with people acting under false pretences. User verification on the Internet is difficult, Premier Vacation Spot cannot and does not confirm each User’s purported identity. Premier Vacation Spot encourages You to use various means, as well as common sense, to evaluate with whom You are dealing.

 

User acknowledges that User is fully assuming the risks of conducting any transaction in connection with using the Site or Service, and that User is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to vacation property that is the subject of transaction using the Site. Such risks shall include, but are not limited to, misrepresentation of the vacation property, fraudulent schemes, unsatisfactory quality, failure to meet specifications, delay or default in availability of the vacation property or payment, cost miscalculations, breach of contract, etc. All of the foregoing risks are hereafter referred to as “Transaction Risks”. User agrees that Premier Vacation Spot shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.

 

User is solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site or Service, including, without limitation, terms regarding payment, cancellations, insurance, fees, taxes, etc.

 

User agrees to provide all information and materials as may be reasonably required by Premier Vacation Spot in connection with Your transactions conducted on, through or as a result of use of the Site or Service. Premier Vacation Spot has the right to suspend or terminate User’s account if the User fails to provide the required information and materials.

 

In the event that User has a dispute with any party to a transaction, such User agrees to release and indemnify Premier Vacation Spot (and its agents, directors, officers, shareholders, and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

 

  1. Disclaimer of Warranties.

 

PREMIER VACATION SPOT, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS PROVIDE THE SITE AND SERVICES "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PREMIER VACATION SPOT, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PREMIER VACATION SPOT SHALL CREATE ANY WARRANTY.

 

Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

 

  1. Limitation of Liability.

 

IN NO EVENT SHALL PREMIER VACATION SPOT, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PREMIER VACATION SPOT'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

 

PREMIER VACATION SPOT'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PREMIER VACATION SPOT’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU HAVE PAID TO PREMIER VACATION SPOT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00 U.S. ALL CLAIMS MUST BE FILED BY 1 YEAR AFTER IT AROSE OR BE FOREVER BARRED.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

  1. Indemnity.

 

You agree to indemnify and hold Premier Vacation Spot and (as applicable) Premier Vacation Spot’s officers, directors, shareholders, employees, and agents, harmless from any claim or demand, including reasonable attorneys’ fees, costs and expenses, made by any third party due to or arising out of Your breach of the Terms or this Agreement, or your violation of any law or rights of a third party.

 

Premier Vacation Spot reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Premier Vacation Spot’s written consent.

 

  1. Premier Vacation Spot’s Intellectual Property.

 

Premier Vacation Spot’s graphics, logos, designs, buttons, icons, scripts, and service names are trademarks, service marks, or copyrights of Premier Vacation Spot.

 

All design and content related to the Site or Service and any derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (hereinafter “Premier Vacation Spot Content”) and all intellectual property rights to the same are owned by Premier Vacation Spot. Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Site are owned by Premier Vacation Spot.

 

All right, title, and interest in and to the Site or Service and all intellectual property rights to the same, are and will remain, the exclusive property of Premier Vacation Spot. The Site and Services are protected by copyright, trademark, and other applicable laws.

 

Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Site or Service. Any rights not expressly granted in these Terms are expressly reserved. Nothing in the Terms gives You a right to use the Premier Vacation Spot name or any of Premier Vacation Spot’s trademarks, logos, taglines, domain names, and other distinctive brand features.

 

  1. Premier Vacation Spot’s Reservation of Rights.

 

Premier Vacation Spot retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Service and any element, aspect, portion or feature thereof, from time to time), and to delay or suspend listing of, or to refuse to list, or to delist, or to require Registered Owner/Manager not to list, any or all vacation properties in Premier Vacation Spot’s sole discretion.

 

  1. Legal Compliance and Taxes.

 

You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site and Service. Additionally, You shall be responsible for paying any and all taxes, if applicable.

 

  1. Notification of Copyright Infringement.

 

If You believe Your copyright-protected work was posted on the Site without authorization, You may submit a copyright infringement notification to Premier Vacation Spot. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf.

 

You may submit a notification pursuant to the Digital Millennium Copyright Act by providing Premier Vacation Spot with the following information in writing (a) a description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address or item number) of the location where the copyrighted work exists or a copy of the copyrighted work; (b) identification of the URL or other specific location on the Site where the material that You claim is infringing is located; (c) a statement that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf; (e) Your address, telephone number, and email address; and (f) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interests.

 

  1. Notices.

 

Premier Vacation Spot will deliver all notices to the email address You provided to Premier Vacation Spot in Your account settings; or by posting on the Site; or by any other messaging services associated with the Service. Notice shall be deemed given twenty-four (24) hours after notice is emailed, posted, or mailed.

 

Any notices given to Premier Vacation Spot shall be delivered by FedEx or UPS to:

 

Premier Vacation Spot

8156-E South Wadsworth Blvd. #190

Littleton, Colorado 80128

 

GENERAL PROVISIONS

 

  1. Entire Agreement / Merger Clause. This Agreement constitutes the entire agreement between the Parties, and all prior oral or written discussions, covenants, negotiations, offers promises, representations, statements, or undertakings by or between the Parties regarding the matters resolved herein are merged into and superseded by the express terms of this Agreement.

 

  1. Amendment. This Agreement may not be changed, altered, amended, or modified, except in writing signed by Premier Vacation Spot.

 

  1. Force Majeure. Under no circumstances shall Premier Vacation Spot be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

 

  1. Waiver. No waiver by Premier Vacation Spot of any breach or series of breaches of any of the terms, covenants, or conditions of this Agreement by any other Party shall constitute a waiver of any subsequent breach of said terms, covenants, or conditions.

 

  1. Severability. In the event any portion of this Agreement is unenforceable for any reason, the Parties agree that the unenforceable section of this Agreement shall be modified by any Court or tribunal of competent jurisdiction to allow this Agreement to be enforceable and so as to effectuate the intent and purpose of this Agreement and all other sections of this Agreement shall remain in full force and effect. If any section cannot be so modified then such part or provision shall be severed from the Agreement and the remaining sections shall remain in full force and effect.

 

  1. Ambiguities. The Parties hereto acknowledge that they have read and understand this Agreement and as such no provisions set forth herein may be interpreted or construed for or against either Party as the drafter of this Agreement.

 

  1. Undue Influence, Duress or Incapacity. The Parties hereby certify that he or she is under no duress or undue influence to sign this Agreement, nor does he suffer from any mental incapacity.

 

  1. Succession. This Agreement shall be binding and enforceable and shall inure to the benefit of the Parties hereto, their respective heirs, personal representatives, successors, and trustees.

 

  1. Personal Jurisdiction / Venue / Choice Of Law. Any questions, claims, disputes, remedies, or procedural matters shall be governed by the laws of the State of Colorado and the United States of America, without regard to its principles of conflicts of law. The Parties agree that the State of Colorado has a substantial relationship to this transaction and each Party agrees that the Courts of Colorado shall have exclusive jurisdiction over them and agree to submit to the jurisdiction of such Courts. Accordingly, any and all disputes, including without limitation litigation relating to this Agreement, shall be brought exclusively in the County of Denver, State of Colorado in the state or federal Court having subject matter jurisdiction. All claims must be brought in the Parties’ individual capacity and not in a class, consolidated, or representative action or proceeding.

 

  1. Attorney’s Fees. Owner/Manager, Guest, and/or any other Party to this Agreement shall be liable to Premier Vacation Spot for any and all expenses and costs, including but not limited to, attorney’s fees, expert fees, court fees, mediation fees, arbitration fees, etc., incurred by Premier Vacation Spot in enforcing any provision of this Agreement.

 

  1. Construction. Throughout this Agreement the singular shall include the plural, and the plural shall include the singular, and masculine shall include the feminine wherever the context so requires.

 

  1. Captions. The captions and headings used in this Agreement are for the convenience and means of reference only and shall not be used to construe, interpret, expand, or limit the terms of this Agreement.

 

  1. Capitalized. All capitalized terms used herein shall have the meanings given such terms in the Agreement, unless otherwise defined herein.