Terms and Conditions

Tucks Tankery

Last updated 5/29/2023

This Website is owned and operated by Tucker Mandigo doing business as Tucks Tankery. These Terms and Conditions set forth are the conditions under which you may use our Website and any Products or Services offered by us. These uses include but are not limited to:

Your proper and authorized use of our Site www.tuckstankery.com,
Your use or purchase of any of our Services,
Your use or purchase of any of our Products, and
Your interaction with us through social media or other third-party websites.

By visiting our Site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of the Site, including without limitation users who are browsers, vendors, Customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any Services.

1. Changes to Terms

Any new features or Products which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check the Terms pages periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

2. Site Terms

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. Children under the age of 21 are not allowed to use our Website and/or Products. If you are under the age of 21, you cannot purchase or have anyone purchase or view our Products for you.

You may not use our Products for any illegal or unauthorized purpose.

Information on the Site may be out of date, inaccurate, incomplete, or contain errors or omissions. We make no commitment to update the Site for any reason, except as required by Law. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update Information or cancel orders if any Information in our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Any changes or failure to make updates shall not be considered evidence of improper action, a breach of these Terms, or grounds for an actionable Claim against us. Further, except for these Terms, our Site shall not form the basis of, or be relied upon in connection with, any contract or commitment whatsoever. Information published on the Site may refer to Products and/or Services that are not available in your location or may be out of stock. Any reliance on the material on this Site is at your own risk.

User Content may be uploaded or provided to us by visitors or Customers. We are not responsible for any User Content displayed on our Site or elsewhere, whatsoever.

The Site is displayed (or performed) by us for visitors and Customers. You may not download or scrape Site content without our prior written permission. Failure to abide by this restriction may violate U.S. Copyright or other Laws.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

Access to our Site does not require an account. For Information on our use of Personal Data, please consult www.tuckstankery.com/privacy-policy

For Information on our Shipping and Returns please consult https://www.tuckstankery.com/shipping-and-returns

4. Changes to Services, Products, and Prices

Prices for our Products are subject to change without notice.

We reserve the right at any time to modify or discontinue Products or Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of any Product or Service.

5. Third Party Linked Sites

Any reference or link to another company, website, product, or service does not explicitly constitute any ownership, sponsorship, endorsement arrangement, or any other relationship with us, although such arrangements and endorsements may exist. We make no representation regarding these third parties and have no control over how third parties use information, their use of “Cookies,” or the safety of content on their websites. Should you be directed to a third-party website, we disclaim any and all liability whatsoever.

We are not responsible for examining or evaluating the content of third parties and recommend that you please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, Claims, concerns, or questions regarding third-party products should be directed to the third party.

6. Products or Services

Products or Services may have limited quantities and are subject to return or exchange only according to our Shipping and Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our Products as they appear in real life. We cannot guarantee that your computer monitor's display of any color will be accurate.

You understand that for the Stock Products sold on the Site, the images on the Site representing these Products will likely not be of the actual Product you receive, but rather photos of Tucks Tankery stock of that Product. Inherent to this is some difference between what you receive and what is pictured on the Site. Your purchase of one of these Stock Products is your agreement that you understand this and will not seek a refund or make a Claim if your expectations are not met. This policy is more fully detailed on our Shipping and Returns page at https://www.tuckstankery.com/shipping-and-returns

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any Person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. You understand and agree that we have the right to refuse to sell Products and/or Services to you or any other individual for any reason in our sole discretion except as otherwise disallowed by applicable Laws. Such refusal shall not be a breach of these Terms or any other agreement with you and shall not subject us to any liability for Claims, including attorneys’ fees and costs, without limitation, even if you suffer damages. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.

We do not warrant that the quality of any Products, Services, Information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Services will be corrected.

7. User Content

For clarification, User Content includes, without limitation, photographic stills, text, audio, video, and audio-video media uploaded or provided to us or our Affiliates which relates to or refers to us or our Affiliates in any manner. It may be commentary, feedback, photographs of Product and/or Service, or a testimonial. It may include images, names, or audio of Persons. You are solely responsible for any User Content and hold us harmless, and indemnify us, for any liability, including attorneys’ fees and costs, arising from such User Content, including our use of such content, whatsoever. You recognize and agree that by uploading any User Content through any means to the Site, you confirm that you own all the relevant rights or received the appropriate license to upload/Transfer/send the content. By way of example only and not by way of limitation, if you post a video of a Person, make sure you have that Person’s consent to post and have others re-post that video bearing the Person’s image or likeness.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s Intellectual Property or these Terms. We also have the right to remove or delete any User Content you provide to us (directly or through our social media or through any link to our social media (e.g., using “@” or “#” with our Marks) without notice to you. Any views or opinions expressed in any User Content and displayed on our Site (with your permission) or elsewhere do not necessarily state or reflect our views or opinions.

Your sole and exclusive remedy for your or any third Person’s loss, damage, or injury that is caused by User Content will be for us to identify the User Content and its owner, if known. We have no obligation to review, inspect, maintain, backup, or otherwise retain User Content.

8. Payments and Billing

You agree to provide current, complete, and accurate purchase Information for all purchases made at our store so we can promptly complete your transactions and contact you as needed. “Purchase Information” includes but is not limited to credit card Information, email address, and all other billing and shipping Information requested from you at checkout.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per Person, per household, or per order. These restrictions may include orders placed by or under the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.

No contract will exist between you and Tucks Tankery for our Services until Tucks Tankery accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

You are responsible for any third-party fees that you may incur when using our Services.

9. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms.

10. Eligibility - 21+ Only - No use for illegal purposes

Our Site may only be accessed by those who are Twenty One (21) years of age or older and we do not market to children or knowingly allow children or anyone under 21 years of age to purchase Products and/or Services or to provide User Content. If you believe your child or someone under 21 has accessed our Site or purchased our Products/Services, please email tuckstankery@gmail.com immediately. Our Website may not be used for any illegal purpose whatsoever.

You may be required to verify your age on a pop-up age verification banner when you first browse to our Website. To reiterate, if you are under 21 you are not approved or eligible to browse to our Website, and providing us with false Information about your age may be unlawful and actionable under the Law.

11. Your representations and warranties

You affirm, represent, and warrant that:
1. You are at least 21 years of age (21) and are competent to agree to these Terms.
2. Your purchase and use of our Products and/or Services is, and will be, in compliance with any and all applicable Laws.
3. If you are purchasing our Products and/or Services on behalf of a company or organization, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization as well as others acting on behalf of all that organization.
4. You will comply with all Terms herein.
In addition to all other warranties and indemnifications in these Terms, you hereby indemnify and hold us harmless from all Claims and liability, including attorneys’ fees and costs, related to your breach of the representations and warranties in this Section 13, including subsections.

12. Assignment of Improvements

In the event you think of or create any Derivative Works, modifications, Improvements, or revisions based upon or derived from our Products and/or Services (collective “Derivative Works”), you agree: (a) to promptly notify us of any such Derivative Works, providing all appropriate information for us to develop and utilize such Derivative Works by contacting tuckstankery@gmail.com, and (b) without the necessity of further agreement, to assign to us all rights, title, and interest in any such Derivative Works. You agree to promptly execute all documents, prepared at our expense, that are reasonably necessary to reflect this assignment without any further consideration.

13. Prohibited uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, Laws, or local ordinances; (d) to infringe upon or violate our Intellectual Property rights or the Intellectual Property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading Information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Services or of any related website, other websites, or the Internet; (h) to collect or track the personal Information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Services or any related Website, other websites, or the Internet. We reserve the right to terminate your use of our Services or any related Website for violating any of the prohibited uses.

14. Limitation of Liability and Disclaimers

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of our Services will be accurate or reliable.
You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, our Services is at your sole risk. Our Services and all Products and Services delivered to you through Our Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tucks Tankery, our proprietor, directors, officers, employees, Affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, Claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our Services or any Products procured using our Services, or for any other Claim related in any way to your use of our Services or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of our Services or any content (or Product) posted, transmitted, or otherwise made available via our Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by Law.
Except as specifically detailed in these Terms or a purchase order, or an Invoice, or an Estimate, our Products and/or Services shall not form the basis of, or be relied upon in connection with, any additional contract or commitment whatsoever.
You understand and agree that the use of our Products and/or Services involves some risk. Accordingly, you hereby assume all risks of use, whatsoever, and waive any rights of action against Tucks Tankery, as a result of any injury or condition that may result from such use, and hold Tucks Tankery harmless and release us from any and all Claims, including attorneys’ fees and costs, arising out of any damage, loss, or injury to you, your family members, Customers, heirs, and successors, whether such loss, damage, or injury results from our negligence or from any other cause.

15. Indemnification

In addition to all other indemnification detailed in these Terms, You agree to indemnify, defend and hold harmless Tucks Tankery and our proprietor, parent, subsidiaries, Affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any Claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any Law or the rights of a third party.

16. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

17. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

18. Miscellaneous

Choice of Law and Venue. Unless otherwise agreed upon or specified herein, you agree that any legal problems or issues arising as a result of our Products, Services, or these Terms are subject to the Laws of the State of Maryland, U.S.A., unless U.S. Federal Laws apply, without giving effect to any principles of conflict of Laws. Jurisdiction shall only be appropriate in the Maryland state courts in the county in which Tucks Tankery has its principal place of business. Further, you and Tucks Tankery expressly and irrevocably consent to the personal and subject matter jurisdiction and venue in these courts for any Claim made relating to these Terms and/or our Products/Services.
Dispute Resolution. With the exception of any type of Claim wherein either you or Tucks Tankery is entitled to seek the immediate remedy of a temporary restraining order, preliminary injunction, or such other form of injunctive or equitable relief as may be used by any court of competent Jurisdiction to restrain or enjoin the Person breaching our Agreement, or to specifically enforce the provisions of our Agreement, we both agree to resolve any Claims as detailed herein.
1. Principals from Tucks Tankery and you shall first attempt to resolve any dispute between ourselves through good faith informal business negotiations. If we (both you and Tucks Tankery) are unable to resolve the dispute within sixty (60) days of receipt of an initial Notice of Claim by one of us to the other, you and Tucks Tankery then agree to first submit the dispute to mediation. If mediation is unsuccessful either of us may file an action with a court for relief within the Jurisdiction described above.
2. The terms of this Section entitled “Dispute Resolution”, including subparagraphs, shall survive after your purchase of any Products and/or Services for three (3) years.
Cost and Attorneys’ Fees. In the event it becomes necessary to enforce any provision of these Terms, by legal action or otherwise, Tucks Tankery shall be entitled to an award of all costs, including any and all reasonable attorneys’ fees.
Reservation of Rights. All Intellectual Property contained within or related to our Products and/or Services remains our exclusive property. We reserve all rights not expressly granted to you. You shall own all Intellectual Property rights associated with any User Content provided.
Assignability. We may assign all or part of our rights under these Terms in connection with a merger, acquisition, asset sale, operation of Law, or otherwise without notice to you. You may not assign any of your rights or obligations under these Terms whatsoever.
Claims. In the event you have knowledge of any Claim made by a third party against you, or referencing you, and relating in any manner to our Products and/or Services, you will promptly notify us of such Claim. You will further assist us with all reasonable assistance in the defense of such Claims. No settlement shall be agreed upon without our involvement and approval.
Severability. If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with applicable Laws or public policy, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired and shall remain in full force and effect. A court of competent Jurisdiction (in Maryland) will endeavor to modify that clause in a manner that gives effect to the intent of these Terms.
Language. These Terms are to be construed in the English language. Any translated copy provided is for convenience only. The English language shall control in the event of any contradiction between the English language version and a translated version. Further, any Claim must be made and determined in the English language.
Force Majeure. Tucks Tankery will not be liable for any damages to you or to third parties for any delay or default in performance if such delay or default is caused by conditions beyond our control, including, but not limited to, acts of God, Government restrictions, regulations, Laws, or sequester, continuing domestic or international problems such as wars, threats of terrorism, or insurrections, strikes, fires, floods, work stoppages, pandemics, epidemics, public health closures, border closures or delays, raw material unavailability, or embargoes.
Construction. Any reference to “herein” shall refer to these Terms generally and not to a specific Section. Headings and fonts are for convenience only. Anything that cannot be done “directly” under these Terms may also not be accomplished, and shall be a breach of these Terms, if done “indirectly.” Any limitation on the use of our Products and/or Services or our Intellectual Property automatically includes a limitation on the use of such property “in whole or in part.” These Terms are not to be construed against the drafter. Any reference to “it” or “he” or “she” or “they” shall include the party so referenced, regardless of gender and whether a human individual or entity.
Waiver. Waiver of any provision of these Terms must be in writing to be effective. Waiver of any breach of any provision of these Terms will not constitute or operate as a waiver of breach of such provision on any other occasion nor a waiver of any breach of other provisions, nor will failure to enforce any provision operate as a waiver of such provision.
Other Laws. Nothing in this Agreement shall be construed to limit or negate any common or statutory Law, including, without limitation, any such Law of torts, fiduciary duties, or Trade Secrets, where such Law provides a party with broader protection than that provided herein. Each of us hereby reserves all rights and remedies not specifically mentioned herein, whether in equity or Law.
Survival. All our Terms shall survive your purchase, license, lease, of or access to our Products and/or Services or any termination of your use of our Products and/or Services whatsoever.

19. Questions and Comments

Questions or comments regarding the Products/Services outlined in these Terms should be submitted at the following e-mail:

tuckstankery@gmail.com

20. Definitions

“Terms” The Terms and Conditions, Privacy Policy, and Shipping and Returns Policy sections on this Site, as well as all the conditions outlined within them.
“Terms and Conditions” The conditions outlined in the articles of this document under which you may use our Website and any Products or Services offered by us.
“Stock Product” Is the term for Products sold on this Site that are produced to be the same every time but that will likely have slight differences between individuals due to the tolerances of their machining and hand finishing.
“Affiliate” means, for so long as one of the following relationships are maintained, a business entity owned by, controlled by, or under common ownership or control with another Person to the extent of more than fifty percent (50%) of the equity or such lesser percentage that is the maximum allowed to be owned by a foreign corporation in a particular jurisdiction) is held by such other Person, having the power to vote on or direct the affairs of another Person, or any Person controlled by, controlling, or under common control with another Person.
“Business Partners” are Persons with whom we enter into agreements to assist with distributing and reselling our Products and/or Services, processing payments, analyzing traffic, and communicating with you.
“Claim” means any disagreement whatsoever, including, without limitation, any controversy, dispute, demand, cause of action, litigation, or other legal or equitable proceeding whatsoever. Any indemnity provided herein for Claims includes an indemnity for the indemnified party’s reasonable attorneys’ fees and costs and any amounts paid in settlement to a third party.
“Cookie” means data generated by a website and saved by your web browser.
“Customer” means the Person receiving Products and/or Services from Tucks Tankery or its authorized Affiliates, distributors, or retailers.
“End User” means any entity that accesses our Website(s) by any means.
“End User Content” means any Information uploaded to our Website(s) by an End User.
“Improvement” means any alteration, modification, change, or product or service derived from a pre-existing work, Product, or Service.
“Information” means any of our materials on our Site or included in our Products and/or Services, whether text, audio, visual, or audio-visual.
“Intellectual Property” has the meaning most commonly and broadly understood and includes, by way of example and not limitation, (a) all designs, specifications, processes, techniques, technology, drawings, strategies, methodologies, presentations, prototypes, computer programs, models, marketing plans, and inventions, any of which may or may not be represented by patent applications, patents, trademarks, copyrights, moral rights, and trade dress, whether or not registered or registrable, and including all rights to related applications, registrations, continuations, and renewals; (b) confidential and/or proprietary Information, Trade Secrets, ideas, concepts, and know-how; and (c) publicity rights and privacy rights, all of the above (a), (b) and (c) in any form or format.
“Invoice or Estimate” means the minimum amount a Customer agrees to pay for Products and/ or Services offered by Tucks Tankery.
“Jurisdiction” for any Claims related to these Terms or the subject matter herein means the Maryland, U.S.A. County in which Tucks Tankery has its principal place of business.
“Law” means all applicable federal, state, and local statutes, rules, regulations, ordinances, and related case Law.
“Linked Account” means an account that you may have with a third-party website or social networking service from which account you are able to link to our Products and/or Services, including our Site.
“Person” means a human individual and/or a business entity as is applicable.
“Products” means any and all offerings from us to you, including without limitation, our Site, Information on such Site, merchandise, and other Products that we may offer or provide at any time.
“Personal Data” is defined differently depending on where you reside. If you reside in the United States, to the extent appropriate under applicable Laws, Maryland Law controls in these Terms. In the event you are located in the European Union/European Economic Area (“EU/EEA”), Personal Data will be defined by the applicable Laws where you reside, however, these Laws shall not over-ride the subject-matter and personal Jurisdiction of Maryland.
“Services” means any and all Services offered by us to you, or future Services we may offer or provide at any time, including without limitation, our Site, Information on such Site, merchandise, and other Products that we may offer or provide.
“Site” or “Website” means https://www.tuckstankery.com/ and all pages associated with this.
“Tax” means any charge, levy, impost, duty (including without limitation goods and Services Tax, value added Tax, sales Tax, withholding Tax, stamp duty, or transaction duty), fee, deduction, and any interest, fine, or penalty charge that is assessed, levied, imposed, or collected by any government body.
“Trade Secret” has the broadest meaning provided by U.S. Federal Law as amended from time to time.
“Transfer” means any sale, assignment, encumbrance, hypothecation, pledge, conveyance in trust, gift, Transfer by request, devise or descent, or other disposition of any kind, including, without limitation, Transfers to receivers, levying creditors, trustees, or receivers in bankruptcy proceedings, or general assignees for the benefit of creditors, whether voluntary or by operation of Law, directly or indirectly.
“User Content or User Contributions” means any Information or material provided by you to us directly or through third parties (such as social media) in any form or format and through any media or medium and may include feedback, surveys, comments, endorsements, photographs, and multi-media content. Such User Content may include Personal Data.
Plural and singular terms shall have the same meaning except for the grammatical difference of being singular or plural.