EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, AS TO THE VALUE, CONDITION, DESIGN, FUNCTIONING, OF THE SERVICE OR ANY USE OF THE SERVICE, MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR USE OF THE SERVICE, FREEDOM FROM INFRINGEMENT OR ANY OTHER REPRESENTATION AND/OR WARRANTY WHATSOEVER WITH RESPECT TO THE SOFTWARE. COMPANY SHALL NOT BE LIABLE TO ANY USERS OF THE SERVICE, INCLUDING USER, FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY THE SERVICE.
User further agrees to indemnify, hold harmless, and defend Company from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of User applications or services provided by User.
User expressly acknowledges that any modification of the Service, whether or not permitted, is beyond the control of Company, and as such, such modification shall void all warranties under this Agreement. 7. Controlling Law and Severability
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of New York, as applied to agreements entered into and to be performed entirely within New York between New York residents. The courts of the State of New York, County of Suffolk, shall have exclusive jurisdiction and venue over any dispute, proceeding or action arising out of or in connection with this Agreement or your use of the Service. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. Onlinevacuumparts.com reserves the right to modify or amend these policies at any time without prior notice
