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6.3 
Termination by eTech Support

eTech Support may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any foreign, federal, state, or local law; non-payment of fees due of this Agreement; breach of this Agreement; violation of the Terms of Service found at Terms of Service and any written modifications thereof; and violation of any other eTech Support policy. BOD Host may terminate this Agreement without cause at any time upon thirty (30) days written notice to Customer.

7. DISCLAIMER OF WARRANTIES
   
 

EXCEPT AS EXPRESSLY PROVIDED HEREIN, eTech Support, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH eTech Support HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

   
8. LIMITATION OF LIABILITY
   
 

eTech Support, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE BOD HOST'S HARDWARE OR SERVICES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO eTech Support.

   
9. Customer Indemnity
   
 

Customer shall defend eTech Support against any third party claim, action, suit or proceeding arising as a result of Customer's use eTech Support's hardware or services and indemnify eTech Support for all losses, damages, expenses, and costs incurred by eTech Support as a result of a final judgment entered against eTech Support in any such claim, action, suit or proceeding.

   
10.  General Provisions
   
 
10.1 
 Governing Law

This Agreement will be governed and construed in accordance with the laws of the State of California. Both parties agree to submit to personal jurisdiction in Nevada and further agree that any cause of action arising under this Agreement will be brought in a court in ?"Court Name".?

   
10.2 
Sever-ability and Waiver

If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach

     
10.3 Relationship of Parties

No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.

     
10.4 Attorneys Fees and Costs

In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys!| fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.

   
 
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