ATTENDANT - Everything about your car... in your phone
Terms and Conditions – ATTENDANT (Consumer)
Last Modified: April 10th, 2015
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS AND CONDITIONS (the “Agreement”) BEFORE REGISTERING TO CREATE A RELEVANT PASS FOR PASSBOOK FOR IPHONE®, CONTAINING CERTAIN USER INFORMATION THAT YOU MAY DOWNLOAD ONTO AN iOS ENABLED IPHONE® DEVICE (the “Services”). BY REGISTERING FOR ANY PART OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, EACH TERM, CONDITION AND DISCLAIMER CONTAINED HEREIN, AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH RELEVANT AND ITS AFFILIATES (collectively, “RELEVANT”, “we” or “us”). IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT REGISTER FOR THE SERVICES. THE SERVICES ARE INTENDED TO BE PROVIDED ONLY TO ELIGIBLE INDIVIDUALS AND/OR ENTITIES, AS DEFINED HEREIN.
You may not access our Services if you are our direct Competitor, except with our prior written consent. In addition, you may not access our Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
“Agreement”: means the Terms and Conditions contained in this document.
“Apple”: means Apple Inc., a California corporation with its principal place of business at One Infinite Loop, Cupertino, CA 95014, United States of America.
“Apple Device(s)”: means any of the following devices: (i) iPhone 3GS; (ii) iPhone 4; (iii) iPhone 4S; (iv) iPhone 5, (v) iPhone 5s; (vi) iPhone 6; or (vii) iPhone 6 Plus.
“Asset”: means any asset owned and/or used by the User (e.g. a motor vehicle in the case of an ATTENDANT CARD).
“Our Services”: means all the information, and associated features, provided to the User via Passes generated by RELEVANT.
“Pass(es)”: means one or more digital passes (e.g. an ATTENDANT CARD) generated by you using our Registration procedure.
“Passbook”: means Apple’s installed iOS feature with the ability to store and display Passes for use on iOS Apple Devices as defined on section A.1.
“Push Notification”: means a message, including any content or data therein, that RELEVANT transmits to their Users and that is delivered to Passes stored in Passbook.
“Service Provider”: means any company, organization or entity that provides a service to the User different than our Services.
B. Eligibility and Registration
To use our Services, you must be 18 years of age or older, and have the power, authority and capacity to enter into this Agreement.
To be able to download a RELEVANT Pass (i.e. ATTENDANT CARD) and complete the steps below, you must have the iOS 6 operating system at least, or any subsequent version, loaded onto any of the Apple Devices.
An individual that satisfies all the preceding requirements is referred to in this agreement as “Customer” or “User”.
You may generate as many Passes as you need at any given time, as long as each Pass is associated with a unique asset (i.e. one motor vehicle) AND a unique Service Provider (i.e. Auto Service Provider). Each User may install the same Pass on multiple Apple Devices. The total number of Apple Devices will include the iCloud if you choose to enable that setting for your Pass.
B.2. Registration (Sign Up).
You may register to use our Services through an iOS 6 or higher iOS version enabled Apple Device. The creation of Passes through a mobile device that is not, at least, iOS 6 enabled will require the additional step of upgrading your Operating System to iOS 6; successful enrollment through an iOS 6, or higher iOS version, enabled Apple Device results in the automatic download of a Pass.
B.2.1. Registering through an Apple Device: You must: (a) visit the RELEVANT Pass Registration Page and (b) follow instructions on the RELEVANT Pass Registration (Sign Up) Page to generate a Pass that must be downloaded to an Apple Device. Upon successful registration, your Pass will automatically be created and downloaded onto the Apple Device that you used to register. You must tap the “ADD” button on the Pass to save to Passbook. If you have any problems when signing up, please contact Customer Support at http://relevant.works/#support.
B.2.2. Registering through another device different that an Apple Device: You must: (a) visit the RELEVANT Pass Registration Page; (b) follow instructions on the RELEVANT Pass Registration (Sign Up) Page; and (c) click on “Add to Passbook” to generate a Pass that would be downloaded to an Apple Device. Upon successful registration, your Pass will automatically be created and downloaded onto the Apple Device that you used to register. You must tap the “ADD” button on the Pass to save to Passbook. If you have any problems when signing up, please contact Customer Support at http://relevant.works/#support.
B.3. Cancelling the use of our Services / Delete your Pass.
RELEVANT reserves the right to interrupt, restrict, disqualify or terminate your eligibility to use our Services without cause and without notice to you. You may withdraw your use of our Services by deleting a Pass. To do so, open a Pass on your Apple Device and the tap the Information icon (“i”) located on the lower right hand corner of the front of the Pass. Such action will reveal the “back” of the Pass. Tapping onto the “Trash” icon in the upper left hand corner will delete the Pass from Passbook, and RELEVANT will no longer send updates to that particular Pass. For assistance, contact Customer Support at http://relevant.works/#support.
C. Our Services
C.1. Information Contained on Your Pass.
C.1.1. Front of Pass: Once you have successfully loaded a Pass onto an Apple Device, you begin using your RELEVANT Pass (i.e. ATTENDANT CARD) for Apple Passbook by opening the Passbook application on your Apple Device. Once you have opened the Passbook application, you may view the following information on that Pass: (i) Asset Information (i.e. Make, Model, Year, VIN, etc. in the case of ATTENDANT CARD); (ii) first and last name of the User of the Pass; and (iii) Notifications related to the Asset (i.e. Vehicle in the case of ATTENDANT CARD).
C.1.2. Back of Pass: The back of the RELEVANT Pass will contain the following information: (a) Name, address, and contact information of Primary Service Provider; (b) Section to view and upload the History (i.e. Service History in the case of ATTENDANT CARD) of the Asset associated to the Pass; (c) Section to view Notices associated to the Asset (i.e. Recall Notices in case of ATTENDANT CARD); (d) Section(s) to view any other relevant information related to the Asset associated to the Pass (i.e. News, offers, etc. , in the case of ATTENDANT CARD).
C.2. Automatic Updates/Notifications.
By default you may receive Pass notifications from time to time based on your activity. These notifications will be diverse in nature and include, but are not limited to, updates about Notices associated with the Asset, News and Offers associated with the Asset, etc. If you do not wish to receive notifications you may turn off notifications by opening the Pass and tapping the “Information” icon to reveal the back of the Pass. By changing the “Automatic Updates” setting from “On” to “Off”, you will no longer receive push notifications. Please note: this will also disable RELEVANT from automatically updating other fields of information. To manually update your Pass, pull down on your screen while viewing the “back” of the Pass. You can also control your notifications for Passbook settings through your device settings under “Notifications” where you can select your preferences for Passbook notifications.
C.3. Hosted Storage and Content
RELEVANT provides hosted storage services for digital material generated by our Customers in connection with the use of our Services. The data, text, audio, video, images or any other content (collectively, “Content”) uploaded by you is your property and we do not claim ownership of any Content that is transmitted, stored, or processed by you. We also do not control, verify, or endorse the Content that you store with us in connection with our Services.
You represent and warrant that: (a) you have all the rights in the Content uploaded by you; and (b) the storage, use or transmission of the Content does not violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person’s rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content. RELEVANT will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store any Content.
You must immediately notify RELEVANT in writing of any unauthorized use of your Content. In the event of any such unauthorized use by any third party that obtained unauthorized access through you, you will take all steps necessary to terminate such unauthorized use. You will provide RELEVANT with such cooperation and assistance related to any such unauthorized use as RELEVANT may reasonable request.
Finally, you promise that you will not and will not encourage or assist any third party to store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature; (2) containing any material that encourages conduct that could constitute a criminal offense; (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; or (4) containing or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware.
C.4. Changes to our Services.
RELEVANT reserves the rights to add, limit, restrict, or delete any of our Services; or features related to our Services, without cause and without notice to you. For assistance in connection with changes to our Services, please contact Customer Support at http://relevant.works/#support.
C.5. Free and Limited Trial. Charges related to our Services.
By default you can start using our Services or a Pass under a free trial and limited basis, without requiring any type of compensation or payment from you, unless you decide to subscribe initially to any of our upcoming paid plans. Such free trial may last only for a finite period of time. RELEVANT reserves the rights to, eventually, start charging a recurring subscription fee or a one-time payment, for the use of any or all of our Services and/or a Pass, after providing notice to you with at least 30 days before the end of such free trial period. Failure to switch to a paid plan, in a timely manner, will be cause for RELEVANT to delete your Pass. For assistance in connection with charges to our Services, please contact Customer Support at http://relevant.works/#support.
D. Information We Collect and How We Use It
We use the information you provide to us such as name, email address, and other personal information to confirm your eligibility for registration to use our Services. RELEVANT will create a unique identifier (“User ID”) that does not contain any of this information, which will serve to identify you to Apple to facilitate your participation in the use of our Services or a Pass. You understand that Apple may view the information contained within a Pass, including any updates and notifications sent by RELEVANT.
You agree that we may collect and use technical data and related information, including but not limited to technical information about your Apple Device that is gathered periodically to facilitate the provision of updates to a Pass or our Services. RELEVANT may use this information as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
Any information provided to RELEVANT by you in connection with the use of our Services, such as information submitted during registration, shall also be governed by our Privacy Statement (http://relevant.works/privacy).
E. Availability / Interruption
You (and not RELEVANT) are responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, Equipment, and services needed to use our Services or a Pass including, without limitation, loading a Pass onto an iOS-enabled Apple Device. “Equipment” means the hardware (including an Apple Device) and active internet connection through which you access, or attempt to access our platform to use our Services and/or a Pass. “System” or “Platform” means the hardware and software owned and operated by RELEVANT, and Internet Service Provider (“ISP”) or any third-party service provider engaged by RELEVANT to facilitate or administer our Services (“Service Provider”).
RELEVANT reserves the right to suspend, limit, remove, disable, cancel or terminate your participation in the use of our Services and/or a Pass if any fraud, technical failures or any other factor impairs the integrity or proper functioning of our Services and/or a Pass as determined by RELEVANT at any time and in its sole discretion. RELEVANT also reserves the right to terminate our Services, and any Pass, at any time for any reason at its sole discretion, including the use of excessive storage capacity or bandwidth. RELEVANT is not responsible for any computer virus or damaged caused to Equipment by accessing our Services or a Pass.
You acknowledge that if your access to the Services is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination by RELEVANT, for reasons other than cause, you may request access to your Content, which we will make available for an additional fee. You must make such request with five (5) days following termination. Otherwise, any Content you have stored with us will not be retrievable, and we will have no obligation to maintain any data stored in your account.
The license granted hereunder is effective until terminated by you or RELEVANT. Your rights granted hereunder will terminate automatically without notice from RELEVANT if you fail to comply with any term(s) contained herein. Upon termination of the license, you must cease all use of our Services, and delete any Pass that is then currently installed on your Apple Device(s).
F. Suspected Fraud and Security
RELEVANT reserves the right to suspend, limit, interrupt, restrict, disqualify or terminate your eligibility to use our Services or a Pass without cause and without notice to you. You agree to immediately notify us if you suspect fraudulent or abusive activity. If you so notify us or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe. Your failure to cooperate or to use such measures will result in your liability for all fraudulent usage or abusive activity associated with the Services and/or the Pass.
RELEVANT reserves the right, at its sole discretion, to disqualify any individual suspected of tampering with any aspect of the use of our Services or a Pass made available by RELEVANT. RELEVANT also reserves the right, at its sole discretion, to disqualify any individual that it believes may tamper with the use of our Services or a Pass, or that it believes to be acting in any manner deemed by RELEVANT in its sole discretion to be improper or disruptive or with intent to annoy, abuse, threaten, or harass any other person.
CAUTION: ANY ATTEMPT BY A USER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, RELEVANT RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
G. Changes to this Agreement
We may change, supplement or modify this Agreement from time to time by posting such change or modification on http://relevant.works/terms. Upon modification, we will update the date indicated after “Last Modified” at the beginning of this Agreement. If you do not agree with the current or modified Agreement, however, you must not use our Services or Pass. You may withdraw the use of our Services or Pass by deleting the Pass (please see Section B.3. for instructions on deleting a Pass).
Any use of our Services or Pass following the effective date of such change constitutes your agreement to be bound by this Agreement as modified and its applicability to you.
H. Limitations on Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL RELEVANT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SERVICES, OR ANY PASS, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF RELEVANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. In no event shall RELEVANT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty US dollars (US $50.00). The foregoing limitations will apply even if the above stated remedy fails on its essential purpose.
This paragraph above shall survive termination of this Agreement.
I. Your Use of Passbook, Apple Devices and/or the iOS Operating Systems
You may access or use Apple’s Passbook product, iOS operating systems and/or Apple Device in a manner that is not administered by RELEVANT. You confirm and acknowledge that any such access or use will be subject to Apple’s or the appropriate third party’s then current terms, data privacy and security provisions and practices, and those provisions and practices may differ than those provided to you through RELEVANT. RELEVANT is not responsible for the accuracy, legality, appropriateness or any other aspect of the content of function of Apple’s or any third party’s products and services.
J. No Warranty
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND REGISTRATION TO USE OUR SERVICES AND ANY PASS ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, ANY PASS AND ANY RELATED FEATURE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND RELEVANT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, A PASS AND RELATED FEATURES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE PARTY RIGHTS. RELEVANT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICES OR A PASS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY US AND/OR A PASS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PROGRAM AND A PASS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN SERVICES PROVIDED OR A PASS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR A PASS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
ACCESS AND USE OF OUR SERVICES OR THE PASS OCCURS ACROSS THE NETWORKS OF A NUMBER OF WIRELESS SERVICE PROVIDERS. RELEVANT DOES NOT OPERATE THESE NETWORKS AND HAS NO CONTROL OVER THE OPERATIONS OF THE WIRELESS SERVICE PROVIDERS. WE WILL NOT BE LIABLE TO YOU IF CIRCUMSTANCES BEYOND OUR CONTROL INTERRUPT, PREVENT OR OTHERWISE AFFECT THE TRANSMISSION, COMMUNICATION, OR OTHERWISE INTERFERE WITH THE INTEGRITY THEREOF, INCLUDING WITHOUT LIMITATION, UNAVAILABILITY OR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION. RELEVANT DISCLAIMS ANY RESPONSIBILITY FOR ANY WIRELESS SERVICE USED TO ACCESS OUR SERVICES OR A PASS.
USE OF THE SERVICES OR A PASS WILL INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION ACROSS THE NETWORK OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS THE SERVICES OR A PASS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS. ADDITIONALLY, THE WIRELESS DEVICE BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS INTERNET SERVICE PROVIDER. CHECK WITH YOUR SERVICE PROVIDER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. RELEVANT WILL TREAT YOUR DATA IN ACCORDANCE WITH RELEVANT’S PRIVACY STATEMENT.
RELEVANT, affiliated Third-party service providers and ISPs are not responsible for: (i) any incorrect or inaccurate information, whether caused by Users, printing, typographical or other errors; (ii) any transmission delays, interruptions, omissions, deletions, defects, delays or failures of any kind, including, but not limited to, system malfunctions, performance degradation, service interruptions, or disconnections or disruption in phone lines, network hardware or software or Internet connectivity; of (iii) computer, mechanical, technical, printing, typographical, technical or non-technical, or human or other errors or omissions which may occur in connection with the Services provided by us.
This whole clause J shall survive termination of this Agreement.
You shall indemnify and hold RELEVANT, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of the Services or a Pass; (ii) any breach of the terms and conditions set forth in this Agreement by you or other users of the Services using your credentials; or (iii) any use of Passbook, the iOS operating systems, or an Apple Device not in accordance with this Agreement. You must use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at your own expense, to employ separate counsel and assume the exclusive defense and control of any such matter subject to indemnification by you.
L. Governing Law
This Agreement shall be governed by and interpreted under the laws of the State of Virginia, U.S.A. without regard to its conflicts of laws provisions.
M. Alternative Dispute Resolution
You hereby agree that any and all disputes, claims, causes of action, or controversies (“Claims”) arising out of or in connection with this Agreement shall be resolved, upon the election of you or RELEVANT, by arbitration pursuant to this provision, as selected by the party electing to use arbitration. If our selection of either of these organizations is unacceptable to you, you may select the other organization within 20 days after your receive notice of our selection. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER YOU NOR RELEVANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. IF EITHER PARTY ELECTS TO RESOLVE A CLAIM BY ARBITRATION, THAT CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED.
The arbitrator’s authority to resolve Claims is limited to Claims between RELEVANT and you alone, and the arbitrator’s authority to make awards is limited to awards to RELEVANT and you alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in this Agreement and without waiving either party’s right to appeal such decision, should any portion of this provision be deemed invalid or unenforceable, then the entire provision (other than this sentence) shall not apply.
This whole clause M shall survive termination of the Agreement.
We may assign or delegate all or part of RELEVANT‘s rights or duties under this Agreement without such assignment or delegation being considered a change to this Agreement, and without notice to you. You may not assign this Agreement, or delegate any of your duties hereunder, without RELEVANT‘s prior written consent, and any assignment or delegation by you in breach of the terms hereof shall be null and void ab initio.
O. Entire Agreement
This Agreement represents the entire understanding between you and RELEVANT with respect to the Services we provide, and may only be amended as described in this Agreement. No waiver by us of any breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement. If any part of this Agreement is found to be void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion of the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation of application hereof, but are for convenience only.