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            Terms of Use
    Last updated on: July 28, 2019
    1. Introduction
    a. Welcome to Pandy AI operated by Pradov Switzerland GmbH (“Pandy AI”, “we” or “us”). The Pandy AI Service is a commercial computer software developed exclusively at private expense. Pandy AI is a personal executive recruiter that enables the institutions to interact with and the eligible talent through a series of specific algorithms, working 24/7, guided by detailed and well defined job propositions.
    b. By clicking “I accept” or using the services offered on or through https://www.pandy.ai or any of its subdomains, or any domain directed to the https://www.pandy.ai domain or any of its subdomains (the “Pandy AI Service”), you are accepting and agreeing to the terms of use set forth below (the “Terms of Use”). We reserve the right to change, modify, add or remove portions of these Terms of Use. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use. By using the Pandy AI Service, you agree to the operative Terms of Use in place at the time of your use, including any and all changed or modified terms.
    c. In addition to these Terms of Use, your use of the Pandy AI Service is governed by our Privacy Policy.
    Please have a look at our Privacy Policy if you want to get informed about our data governance and data privacy rules.
    d. If you are subscribing to the Pandy AI Service within the scope of your contract or employment with an entity (e.g., organization, a corporation, limited liability company, or partnership), (a) you represent that you have the authority to bind that entity to these Terms of Use, (b) that entity will be the “Subscriber,” and (c) “you,” as used in these Terms of Use, refers to that entity and each Member.
    e. If you do not understand and agree to these Terms of Use, you are not authorized to use the Pandy AI Service. You may not use the Pandy AI Service if you are a direct competitor.
    2. Definitions
    1. 1. “Subscriber” means the individual (user) or entity (company) that subscribes to the Pandy AI Service to enter a Membership Community.
    2. 2. “Membership Community” means the website created by Pandy AI and provided through the Pandy AI Service
    3. 3. “Member” means any individual that has access to the Membership Community.
    3. The Pandy AI Service
    a. The Pandy AI Service may be offered by Pandy AI itself or by a third-party partner/service provider. Unless otherwise stated, these Terms of Use apply to all services offered by or on behalf of Pandy AI. All content and services made available through the Pandy AI Service that were not made available as of the “Last Updated” date above shall be governed by these Terms of Use.
    b. Pandy AI can refuse registration of, access to, or cancel a user account in its discretion, at any time, for reasons such as violation of applicable law, breach of these Terms of Use, force majeure, or any other matter that in Pandy AI’s discretion warrants such refusal or cancellation.
    4. The Pandy AI Service for Subscribers
    Pandy AI generates, for every subscriber, a unique interface through which they can create an unlimited number of propositions, all of which are, once published, automatically matched with the fitting members present inside the platform, and marked as Active. A Subscriber has an option of directly engaging with the matching members, or act upon the applications that were submitted on the active propositions.
    Pandy AI does not guarantee that the active propositions will have matching talent engaging with the position. Additionally, Pandy AI does not guarantee that the passive talent will be converting and applying for active propositions. Subscribers are also responsible for secure storage of their user data. Propositions provided by the Subscribers may not violate the intellectual property of third parties.
    Pandy AI is accessed by Subscribers through their personal computer devices.
    The Subscribers are responsible for the legal and contractual use of Pandy AI service and are subject to the legal system of Switzerland. Subscribers are solely and personally liable for the legality, accuracy and completeness of the content provided to Pandy AI service.
    4. Subscribers’ Use of the Pandy AI Service
    By using the Pandy AI Service, Members expressly agree to the following:
    i. Your user account will be accessed through a user ID and password that you will create (your “ID”). You are responsible for maintaining the confidentiality of your ID, and you are fully and solely responsible for all activities that occur under your ID. It is up to you to take adequate precautions with your ID, and to immediately notify Pandy AI of any unauthorized use of your ID.
    ii. You shall provide accurate, true and current information as prompted during the user account registration process and shall keep it current at all times. If you encounter any difficulties, please contact our support listed on the website for help.
    iii. Your ID is unique to you and cannot be shared with any other Member or person. You shall not share your ID or any other login credentials with any other person or publicly disclose it.
    iv. You shall notify Pandy AI immediately of any breach of security or unauthorized use of your user account.
    v. Although Pandy AI will not be liable for your losses caused by unauthorized use of your user account, you may be liable for the losses incurred by Pandy AI due to such unauthorized use.
    vi. You represent and warrant that all posted data, text, links, video files, photos, or any other content (collectively, the “User Content”) that you post to the Pandy AI Service shall be your wholly original material (except for material that you are using with the permission of its owner), and does not infringe, misappropriate or violate any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
    vii. You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.
    viii. You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
    ix. You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to intellectual property rights or third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Pandy AI all of the license rights granted herein.
    x. You shall not use the Pandy AI Service for any illegal or unauthorized purpose.
    xi. You shall not attempt to hack, destabilize or adapt the Pandy AI Service or its source code.
    xii. You shall not use the Pandy AI Service to transmit worms, viruses or any code of a destructive nature.
    xiii. You shall not, without our prior express written permission, use any high volume automated means (including robots, spiders and scripts) to access the Pandy AI Service.
    xiv. You agree not to collect or harvest any personally identifiable information, including account names, from the Pandy AI Service.
    xv. You are solely responsible for obtaining and maintaining all equipment and services needed for your access to and use of the Pandy AI Service and for paying all charges related thereto.
    xvi. Any comments, suggestions, or feedback relating to the Pandy AI Service (collectively, “Feedback”) submitted to Pandy AI shall become the property of Pandy AI. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Feedback. We will be entitled to use Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending Feedback. xvi. Pandy AI will make sure to erase any personal data when processing the Feedback information.
    xvii. You shall not abuse, harass, threaten, harm or impersonate other Pandy AI users or Members or employees of Pandy AI or any of its partners, at any time or for any reason.
    xviii. You understand that when using the Pandy AI Service, you will be exposed to User Content provided by other users or Members and you agree that Pandy AI is not responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content.
    xix. You shall not use the Pandy AI Service to send spam or commercial or other messages, including e-mails, to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Pandy AI Service you must comply with all applicable laws and regulations, including (a) laws that apply in any jurisdiction to cookies, other tracking technologies, and spam and marketing practices, and (b) any applicable marketing association guidelines on ethical marketing practices.
    xx. You shall not use the Pandy AI Service for any competitive or benchmarking purposes, including monitoring the availability or functionality of the Pandy AI Service.
    5. The Pandy AI Service for Members
    Pandy AI generates, for every member, a unique profile filled with the information they submitted during the sign up process, or later on, while updating their profiles and uploading additional documents. Once the profile is created, computational algorithms are reading the information from it, and matching it with a list of available job vacancies offered by our partnering organizations from all around the world. Pandy AI user can either be directly, through software, matched with a relevant proposition, or they can use the search functionality to seek potentially interesting placements.
    Pandy AI does not guarantee that the placement will be made, nor that all the search queries placed by users will come up with matching results.
    Pandy AI is accessed by users through their personal computer devices.
    6. Members’ Use of Pandy AI service
    By using the Pandy AI Service, members expressly agree to the following:
    i. You shall be solely responsible for all all the data provided by yourself, including any user Content, its accuracy, and all activities associated with your account.
    ii. You represent and warrant that all User Content that you post to the Pandy AI Service shall be wholly original material , and does not infringe any copyright, trademark or other rights of any third party including any rights of privacy or publicity.
    iii. You agree not to collect or harvest any personally identifiable information of other members and entities, including account names, from the Pandy AI Service, without their consent.
    7. Subscription Grant
    a. Subject to the terms of use of these Terms of Use, you are hereby granted a revocable, non-transferable, non-exclusive, limited right and license to use the Pandy AI Service in accordance with the terms of your subscription or the subscription of Subscriber or another company or person who pays certain fees to Pandy AI. Pandy AI reserves all rights not expressly granted herein in the Pandy AI Service. Pandy AI may terminate this license at any time for any reason or no reason.
    b. By submitting User Content to the Pandy AI Service, you hereby grant Pandy AI a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content for the sole purpose of operating and performing the Pandy AI Service for the Subscriber. You also grant each Member you authorize a non-exclusive license to access your User Content through the Pandy AI Service and to use, reproduce, distribute, display and perform such User Content.
    8. User Content
    a. You retain ownership rights to the User Content you submit to or make available on the Pandy AI Service. You represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use, and authorize Pandy AI to use in order to operate the Pandy AI Service, all patent, trademark, trade secret, copyright or other intellectual property rights or proprietary rights in and to your Content; and (ii) you have any and all necessary written or implied consents, releases, and/or permissions of each and every identifiable individual person in the Content to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the video or Submission in the manner contemplated by these Terms of Use.
    b. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Pandy AI Service, Pandy AI is not undertaking any obligation or liability relating to User Content or Members’ activities. You understand that by using the Pandy AI Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Pandy AI be liable in any way for User Content, including for any errors or omissions in User Content, or for any loss or damage of any kind incurred as a result of User Content. Pandy AI assume no responsibility or liability which may arise from User Content, including claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. By using the Pandy AI Service, you agree that Pandy AI undertakes no obligation to remove User Content based on any complaint that you may make concerning User Content and you further agree that Pandy AI makes no promises to remove any content based on any complaint that you may make concerning User Content. This term, like all of the provisions in the Terms of Use, may not be modified orally.
    9. Our Proprietary Rights
    Except for your User Content, the Pandy AI Service and its materials, including software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music, and all intellectual property rights related thereto, are the exclusive property of Pandy AI. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights. Use of the Pandy AI Content or materials on the Pandy AI Service for any purpose not expressly permitted by these Terms of Use is prohibited.
    10. Propositions; Refunds Policy
    a. If you purchase a Proposition to be placed on Pandy AI, you agree to pay us the applicable subscription fees and taxes. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). Pandy AI is allowed to store your payment information.
    c. Propositions must be paid for in advance unless agreed to otherwise in writing. Payments for propositions are non-refundable. If you cancel a Proposition, there will be no refunds or credits for any time period where the Pandy AI is not used or accessed or when any Member or prospective Member fails to use or access the service. 
    d. If the Subscriber (including you, if applicable) ceases to pay the fees due to Pandy AI, Pandy AI may cease to provide you access to the Pandy AI Service and/or terminate your proposition. Similarly, if the terms of the subscription to the Pandy AI Service change, you may experience changes to the features or capacity of your account. Taxes are calculated based on the billing information that you provide us at the time of purchase
    11. Cancellation and Termination
    a. Subscribers’ User Account
    i. Subscriber is solely responsible for properly cancelling the Subscribers’ account. Subscriber can cancel a Membership Community at any time by e-mailing info@pandy.ai specifying that you would like to cancel the active proposition and/or account and providing a brief explanation of why you are cancelling. In Pandy AI’s sole discretion, all of your User Content may be immediately deleted from the Pandy AI Service upon cancellation, apart from active propositions. This information may not be able to be recovered once the Membership Community is cancelled. If you cancel the Membership Community and/or any Pandy AI Service before the end of your current paid-up subscription, your Membership Community will remain live until the end of the paid subscription only if the active propositions are transferred to an active subscriber representing the same institutions. Subscriber can also request such cancellation to be immediate. Once terminated, you will not be charged again.
    Pandy AI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Pandy AI Service, or any other Pandy AI service, for non-payment, failure to comply with these Terms of Use, government or court order, or any other reasonable reason at any time.
    Pandy AI may also terminate the Membership Community, without notice to Subscribers, (i) if the Subscriber of the Membership Community fails to pay for the Pandy AI Service in accordance with the terms of the subscription or (ii) the Subscriber of the Membership Community has a free subscription for the Pandy AI Service and there has been no activity in the Membership Community in the preceding sixty (60) days. Any such termination of the Pandy AI Service will result in the deactivation or deletion of the Membership Community, including your access to the Membership Community, and the forfeiture and relinquishment of all User Content in the Membership Community.
    b. Member’s User Account
    i. Member may terminate your user account by contacting the Pandy AI admins at info@pandy.ai and requesting that your user account and ID be revoked or cancelled. Pandy AI is not responsible for and cannot effect any cancellations or revocations of a Member’s user account and ID. However, Pandy AI may suspend or terminate the Membership Community as specified in these Terms of Use and if such termination or suspension occurs, Member’s user account and ID would be cancelled without notice to Member.
    c. The provisions of these Terms of Use that must continue beyond the term of this agreement i order to give them full force and effect, including Sections 5(b) and 13-20, will survive an termination or cancellation of this agreement.
    12. Privacy
    We will collect, store, use and share your data as set out in our Privacy Policy . Please refer to it fo more information.
    13. Copyright Policy
    a. Pandy AI has adopted a policy of terminating, in appropriate circumstances, Subscribers and Members who are repeat infringers. Pandy AI may also, at its sole discretion, limit access to the Pandy AI Service and/or terminate the user accounts of any Members who infringe or misappropriate any intellectual property rights of others, whether or not there is any repeat infringement or misappropriation.
    14. Third-Party Websites, Advertisers, or Services
     The Pandy AI Service may contain links to third-party websites that are not owned or controlled by Pandy AI. Pandy AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Pandy AI will not and cannot censor or edit the content of any third-party website. You expressly relieve Pandy AI from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave any Pandy AI website and to read the terms of use and privacy policy of each other website that you visit.
    15. Indemnification; Remedies
    a. All members: you are responsible for maintaining the confidentiality of your password and user account. Furthermore, you are responsible for any and all activities which occur under your user account. You shall indemnify, defend and hold harmless Pandy AI and its affiliates, and their respective officers, directors, employees, consultants and agents (the “Pandy AI indemnitees”) from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Pandy AI service, (ii) your violation of these terms of use, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any other user of your user account. You agree to immediately notify Pandy AI of any unauthorized use of your user account or any other breach of security known to you that may affect the security of the Pandy AI service.
    b. Subscribers: you are responsible for any and all activities which occur in or through your membership community. You shall indemnify, defend and hold harmless the Pandy AI indemnitees from any and all third party claims, liability, damages and/or costs (including attorneys’ fees) arising from or related to (i) your use of the Pandy AI service and each member’s use of your membership community (ii) violation of these terms of use by you or any member, or (iii) any infringement or misappropriation of any intellectual property right or other right of any person or entity by you or any member. You agree to immediately notify Pandy AI of any unauthorized use of any user account in your membership community or any other breach of security known to you that may affect the security of the Pandy AI service.
    c. The indemnification obligations in this section apply even if due to any Pandy AI indemnitee’s negligence or other fault, breach of contract or warranty, or strict liability without regard to fault.
    d. Any specific right or remedy provided in these Terms of Use will be cumulative with all other rights and remedies set forth herein and allowed under applicable law.
    16. No Warranty
    The Pandy AI service is provided on an “as is” and “as available” basis with no commitment to any future functionality or features. Use of the Pandy AI service is at your own risk. The Pandy AI service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Pandy AI, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Pandy AI service will meet your requirements; that the Pandy AI service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Pandy AI service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Pandy AI service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download. Pandy AI does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by you or a third party through the Pandy AI service or any hyperlinked website or service, or featured in any banner or other advertising, and Pandy AI will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products or services.
    17. Limitation of Liability
    A. All members:
    I. Pandy AI and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential, punitive or special damages, whether based in tort, contract, or otherwise, including loss of profits, data, use, goodwill, or other intangible losses, resulting from or in any way related to (a) your access to or use of or inability to access or use the Pandy AI service; (b) any conduct or content of you, any member, or any third party on the Pandy AI service, including any defamatory, offensive or illegal conduct of other members or third parties; (c) any content obtained from the Pandy AI service; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Pandy AI has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
    B. Subscribers: Pandy AI and its affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential, punitive or special damages, whether based in tort, contract, or otherwise, including loss of profits, data, use, goodwill, or other intangible losses, resulting from or in any way related to (i) your access to or use of or inability to access or use the Pandy AI service; (ii) any member’s access to or use of or inability to access or use the Pandy AI service (iii) any conduct or content of you, any member, or any third party on the Pandy AI service, including any defamatory, offensive or illegal conduct of any members or third parties; (iii) any content obtained from the Pandy AI service; and (iv) unauthorized access, use or alteration of your, or any of your members’ transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not Pandy AI has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
    C. The non-appearance or incorrect representation of a proposition on the service does not entitle you to assert any claims against Pandy AI. As the customers, Subscribers and Members are entitled to demand the correction of the incorrectly published propositions and other content.
    D. The limitations and exclusions in these terms of use will apply to the maximum extent permitted by law and regardless of whether liability arises from breach of contract, warranty, tort (including sole or concurrent negligence), by operation of law or otherwise. Liability is limited and/or excluded, even if any exclusive remedy provided for in these terms of use fails of its essential purpose.
    18. Controlling Law Jurisdiction; Deadline to Bring Claims
    These Terms of Use and any action related to these Terms of Use will be governed by the laws of country of Switzerland without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Pandy AI Service will be brought solely in Zurich, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You and Pandy AI agree that any cause of action or claim for relief arising out of or related to the Pandy AI Service must commence within one (1) year after the cause of action accrues or it is waived.
    19. Entire Agreement; Waiver; Modification; Severability
    a. These Terms of Use and the entire and exclusive agreement between Pandy AI and you regarding the use of the Pandy AI Service (excluding any service for which you have a separate agreement with Pandy AI that is explicitly in addition or in place of these Terms of Use), and these Terms of Use supersede and replace any prior agreements between Pandy AI and you regarding the use of the Pandy AI Service.
    b. These Terms of Use may not be modified orally. These Terms of Use may not be modified or superseded by Pandy AI’s acceptance of a purchase order or the like from you or any other person.
    c. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use will continue in full force and effect. No waiver by Pandy AI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. We may revise these Terms of Use from time to time; the most current version will always be at www.pandy.ai . By continuing to access or use the Pandy AI Service after those revisions become effective, you agree to be bound by the revised terms. We do not assume any obligation to notify you of changes to these Terms of Use.
    20. Prices
    a. Members use Pandy Ai service completely free of charge.
    b. Subscribers are charged for publishing propositions on Pandy AI. The exact price, along with clearly visible terms and conditions, is presented to the client before concluding the contract making the purchase. Subscribers receive the notification 30 days prior to the expiry of their propositions.
    The subscriber agrees to pay the contractually owed prices and fees within the period stated in the agreement. If the invoice is not paid within the 30 days period, the proposition is automatically taken of the Pandy AI service.
    21. Payments; Taxes
    a. If you are a Subscriber, you agree to pay all fees invoiced for your use of the Pandy AI Service through propositions. If we do not receive any invoiced amount by the due date. If any amount You owe under these Terms of Use or any other agreement for the Pandy AI Service is past due, without limiting any of our other rights and remedies, we may (a) accelerate your unpaid fee obligations under these Terms of Use or such other agreements so that all such obligations become immediately due and payable, and/or (b) suspend your and your access to the Pandy AI Service until such amounts are paid in full. We will give you at least five (5) business days’ prior notice that your account is overdue before we exercise our right of suspension. We will not exercise these rights during any good faith dispute of a charge.
    b. The Subscriber is responsible for determining the amount, if any, of any state and local sales, use and other taxes that apply to the Subscriber under these Terms of Use. It is the Subscriber’s sole responsibility to assess, collect, report, and remit the correct amounts to the proper tax authorities. Pandy AI is not obligated to determine whether taxes apply to Subscriber’s use of the Pandy AI Service under these Terms of Use, and Pandy AI is not obligated to calculate, collect, report, or remit any amounts to any taxing authority arising from any such use. If Pandy AI believes that it has the legal obligation to pay or collect any taxes for which you are responsible, Pandy AI has the right to do so and you will pay such amounts or provide proof acceptable to Pandy AI that such taxes are not due.
    22. Relationship of the Parties; Assignment
    a. The relationship between you and Pandy AI under these Terms of Use is that of independent contractors, and neither party has any authority to bind or commit the other party. Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose. These Terms of Use are for the benefit of, and will be enforceable by, the parties and Pandy AI’s licensors only. These Terms of Use are not intended to confer any other right or benefit on any third party. Nothing in these Terms of Use restricts or limits, or shall be interpreted to restrict or limit, Pandy AI’s right to market, distribute, or sell Pandy AI’s products or services to any party, including Members.
    b. Transfers of rights and obligations of the Subscriber under this contract requires the written consent of Pandy AI.
    23. Headings; Construction.
    a. The various headings in these Terms of Use are for convenience only and shall not affect the meaning or interpretation of any Section or provision of these Terms of Use.
    b. Unless context clearly dictates otherwise, references in these Terms of Use to Sections are to the applicable Sections of these Terms of Use. If a term is defined as one part of speech (such as a noun), it has a corresponding meaning when used as another part of speech (such as a verb). Terms defined in the singular have the corresponding meanings in the plural, and vice versa. The terms “include,” “includes” or “including” mean “including without limitation.”