Last updated: April 8, 2015.
By using the www.leftronic.com website (“Service”), a service of LeftronicDirect, Inc. (“Leftronic”) or participating in the Promotion (as defined below), you (“you” or “Customer”) are agreeing to be bound by this agreement (the “Agreement”). The Agreement is divided into two parts. The first part of the Agreement is the “Terms of Service”, which governs use of the Service and contains some terms applicable to the entire agreement, and the second part is the terms of sale (the “Terms of Sale”) which contain additional terms applicable to the purchase of goods from Leftronic. You agree to carefully read and review the entirety of the Agreement, and if you do not agree with the Agreement, you may not use the Service. If you are agreeing to the Agreement on behalf of an entity, you represent that you have full authority to do so and bind that entity
Part I: The Terms of Service.
Leftronic reserves the right to update and change the Agreement from time to time without notice. If you have prepaid for access to the Service, any changes to the Agreement published during the period during which you prepaid for the Service shall go into effect on a going-forward basis as of the “Update Effective Date”, which means the earlier of: (a) the end of that pre-paid period; or (b) twelve (12) months following the publication date of the updated or changed Agreement. If you do not agree to the updated or changed Agreement, you must provide Leftronic with written notice at least thirty (30) days prior to the Update Effective Date terminating the Agreement as of the end of the day immediately preceding the Update Effective Date. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Agreement at any time at:
Violation of any of the terms below will result in the termination of your Account. While Leftronic prohibits such conduct and Content on the Service, you understand and agree that Leftronic cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Leftronic cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account (even when Content is posted by others who have access to your account) (“Content”). Content includes information uploaded to the Service as well as information available to the Service through an API connected to the Service.
One person or legal entity may not maintain more than one free account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers may post data to the Leftronic service via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Leftronic, is bound by the terms of this Agreement plus the following specific terms:
You expressly understand and agree that Leftronic shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Leftronic has been advised of the possibility of such damages), resulting from your use of the API or third-party products that post data the API.
Abuse or excessively frequent requests to Leftronic via the API may result in the temporary or permanent suspension of your account’s access to the API. Leftronic, in its sole discretion, will determine abuse or excessive usage of the API. Leftronic will make a reasonable attempt via email to warn the account owner prior to suspension.
Leftronic reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
Unless otherwise agreed in writing by Leftronic, a valid credit card is required for paying accounts. Free accounts do not require you to provide a credit card number.
You may sign up for a 14 day trial of any plan without providing a credit card.
An upgrade to any paying plan will be processed immediately, ending your free trial early.
The Service is billed in advance on a periodic (typically monthly or yearly) basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In our discretion, we may apply amounts prepaid for the Service to a selected upgrade or downgrade, but in no event will we ever provide a refund of any amounts paid, including upon cancellation of any Service. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on our income.
For any upgrade or downgrade in plan level, your credit card that you provided (if applicable) will automatically be charged following your election to upgrade or downgrade your plan level, and your billing cycle will be reset.
Downgrading your Service or not continuing with the Service after the free demo period may cause the loss of Content, features, or capacity of your Account. Leftronic does not accept any liability for such loss.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email to cancel your account is considered cancellation once we have responded to your email and expressly confirmed that your cancellation has been processed.
We may immediately delete all of your Content from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up service term, your cancellation will take effect immediately or no later than the end of your current service term, but, in either event, you will not be charged again for that Service.
Leftronic, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Leftronic service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Leftronic reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Leftronic reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Leftronic Site (www.leftronic.com) or the Service itself. Leftronic shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
You promise that you have obtained all necessary rights, licenses, and permission in order for Leftronic to access, use, and otherwise exploit the Content in connection with the Service. All content posted on the Service must comply with U.S. copyright law.
We claim no intellectual property rights over the Content. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. Leftronic does not pre-screen Content, but Leftronic and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The Service, including its look and feel, is the property of LeftronicDirect, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Leftronic.
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You understand that Leftronic uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Leftronic, or any other Leftronic service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Leftronic; provided that, for each dashboard that you purchase, you may embed or bundle a dashboard into a product or service that you provide to a third party (an “Embedded Dashboard”). You may make each unique dashboard available to a single third party (e.g. if you have a 10-dashboard plan, you could make a single dashboard available to ten (10) third parties or you could make five (5) dashboards available to two (2) third parties). You may not make any promise or other statement regarding the Service on behalf of Leftronic. We may, but have no obligation to, remove Content and Accounts containing 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 of Service. Nothing in this Agreement is intended to grant you a right under any trademark, service mark, logo or other mark of Leftronic or any of its affiliated companies.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Leftronic customer, employee, member, or officer will result in immediate account termination. You understand that the technical processing and transmission of the Service, including your Content, is transferred encrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Leftronic) of other Leftronic customers, we reserve the right to immediately disable your account or throttle your service until you can reduce your bandwidth consumption.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LEFTRONIC AND ITS AFFILIATES (THE “LEFTRONIC PARTIES”) SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE LEFTRONIC PARTIES DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE LEFTRONIC PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEFTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
The failure of Leftronic to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Leftronic and govern your use of the Service, superseding any prior agreements between you and Leftronic (including, but not limited to, any prior versions of the Agreement or Terms of Service).
The parties are independent contractors with respect to each other. Each Party is not and shall not be deemed to be an employee, agent, partner, joint venturer, franchisee or legal representative of the other for any purpose and shall not have any right, power or authority to create any obligation or responsibility on behalf of the other.
You agree to defend, indemnify and hold harmless Leftronic and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Service, any matter related to the acquisition, use, or exploitation of Content, or a breach of the Agreement.
The Agreement is governed by the laws of the State of California, without reference to conflict of laws principles, and Leftronic and Customer hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located within San Francisco, California for any dispute related to the Agreement. Leftronic may assign or transfer this Agreement in connection with a merger, acquisition, sale of substantially all its assets or a corporate reorganization.
Part II: Terms of Sale.
The following Terms of Sale govern the purchase of goods from Leftronic, which, for purposes of clarity, does not include the Service. To be eligible to purchase goods from Leftronic, Customer must be (a) over 18 years old (or, if higher, the age of majority in Customer’s jurisdiction); and (b) located within the 48 continental United States or the District of Columbia. Leftronic sells goods to businesses only, not to consumers, and Customer represents and warrants that Customer is not a consumer or purchasing goods from Leftronic for a consumer.
1) Pricing. Pricing for goods is subject to change and Leftronic reserves the right to cancel an order if there is a change in price between the time Customer places an order and the time that the order is ready to be shipped. Prices do not include applicable taxes and shipping and handling fees, each of which are payable by Customer.
2) Order Processing. Leftronic reserves the right to reject any order of goods for any reason or no reason, and Leftronic has no obligation to disclose its reason (if any). Before submitting an order, Customer agrees to carefully review the order and verify the quantity and type of goods as well as the shipping and payment information for the order. After an order is placed, Leftronic may be unable to make any changes to an order or correct any errors. Customer is responsible for these errors.
After Customer places an order with Leftronic, Customer may be immediately charged for that order. Leftronic may send Customer one or more order confirmations following the placement of an order for goods with Leftronic; these confirmations are meant to document Customer’s order and do not constitute acceptance by Leftronic of an order or an offer by Leftronic for the sale of those goods.
3) Rejection and Delivery. If Leftronic rejects an order, Leftronic will refund amounts paid for the good(s) Leftronic declined to sell. If a good is refused at the delivery address and is returned, Leftronic reserves the right to charge Customer a restocking fee equal to the greater of $50 or 15% of the price for that good.
Risk of loss for each good passes to the Customer at the time the good is delivered to a carrier for delivery to the Customer.
4) Not an authorized reseller. Except where Leftronic expressly references this section of the Terms of Sale and provides that it is an authorized reseller, Leftronic is not an authorized reseller of the goods available from Leftronic. Leftronic is a reseller of third-party products and any warranties from the manufacturer of a good sold by Leftronic may be void or otherwise impaired because Leftronic is not an authorized reseller.
5) All sales are final; Returns. ALL SALES ARE FINAL AND LEFTRONIC DOES NOT ACCEPT RETURNS, EXCEPT AS SPECIFICALLY SET FORTH IN THIS PARAGRAPH. Customer must notify Leftronic within 10 days of shipment of any errors in charges for an order or with the goods shipped to Customer. In the absence of any notice within 10 days of an order shipping date, Customer is deemed to have accepted the order in full. If Customer receives a good that is damaged or not functioning out of the box, Customer may return a qualifying good within 10 days of the original order shipping date at Customer’s sole expense and risk. To return a good, Customer must first request a return authorization by contacting Leftronic at firstname.lastname@example.org. Within 5 days of receipt of a return authorization from Leftronic, Customer must return the good, freight prepaid and fully insured, in its original packaging, along with all documentation, cords, packing materials, accessories, and anything else included with the good when Customer received it to the address provided by Leftronic in the return authorization. Leftronic will reject any returns if a product exhibits end user abuse beyond normal wear and tear or if any attempt has been made to repair the good. Upon Leftronic’s receipt and acceptance of a returned good, Leftronic will provide a replacement good to Customer, or in Leftronic’s sole discretion, issue a refund.
6) Export. Customer will not export, re-export, resell, ship, divert, or cause to be exported, re-exported, resold, shipped, or diverted directly or indirectly any regulated material, including technical data, to any country for which the U.S. government, any agency thereof, or any other sovereign government, requires an export license or other governmental approval without first obtaining such license or approval.
7) Warranty Disclaimer. ALL GOODS SOLD BY LEFTRONIC ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE LEFTRONIC PARTIES DO NOT WARRANT THAT ANY PRODUCT WILL BE SECURE, FREE OF ERRORS, DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE LEFTRONIC PARTIES DO NOT WARRANT THAT LEFTRONIC WILL REPAIR OR CORRECT GOODS WHERE ANY OF THE FOREGOING ISSUES EXIST.
8) Limitation of Liability. THE LEFTRONIC PARTIES WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES INCLUDING WITHOUT LIMITATION FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO CUSTOMER’S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, ANY GOODS SOLD BY LEFTRONIC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE LEFTRONIC PARTIES ARE AWARE OF THE POSSIBILITY OF THAT DAMAGE. THE LEFTRONIC PARTIES’ AGGREGATE LIABILITY FOR ANY GOOD PURCHASED FROM LEFTRONIC IS EQUAL TO THE GREATER OF THE PRICE PAID FOR THAT GOOD OR $50 UNITED STATES DOLLARS.
Part III: The Promotion Terms.
The following Promotion Terms govern the HDTV giveaway promotion (the “Promotion”) offered by Leftronic. By participating in the Promotion you are representing to Leftronic that you meet the eligibility requirements in these Promotion Terms. If you do not participate in the Promotion, the Promotion Terms do not apply to you.
1) THESE PROMOTION TERMS CONTAIN A RELEASE OF CERTAIN CLAIMS RELATED TO THE PROMOTION. BY AGREEING TO THESE PROMOTION TERMS, YOU ARE LIMITING YOUR LEGAL RIGHTS AND REMEDIES.
2) Limited Time. The Promotion is valid starting on April 7th, 2015 beginning at 9 a.m. PST and is for a limited time (“Eligibility Period”).
3) Eligibility. The Promotion is only available to new Leftronic customers who are 18 years or older at the time an order for an Eligible Plan (as defined in part 4) is placed. The products and credits available through the Promotion (the “Promotion Products”) can only be shipped to a street address, no post office boxes, or APO/FPO military addresses.
4) Leftronic Subscription Plans and Giveaway. Eligible customers must enroll in and pay for one of the following annual Leftronic plans during the Eligibility Period and agree to the Agreement (each an “Eligible Plan”). By participating in the Promotion, Customer acknowledges that notwithstanding anything to the contrary in the Terms of Service applicable to the Eligible Plan, the fees for the first year of the eligible plan will be billed in advance following, where applicable, any free trial period and are non-refundable. The Promotion Products vary based on the Eligible Plan.
|Eligible Plan||Promotion Products|
|5 Dashboard Annual Pre-paid Plan||40-inch or greater HDTV and a computer, such as a Chromebox|
|10 Dashboard Annual Pre-paid Plan||two 40-inch or greater HDTV and two computers, such as a Chromebox|
|20 Dashboard Annual Pre-paid Plan||three 40-inch or greater HDTV and two computers, such as a Chromebox|
5) Promotion Products May Vary. The specific brand, model and configuration of the Promotion Products may vary, and Leftronic may elect to include additional products or credits as Promotion Products in addition to any Promotion Products identified in these Promotion Terms. Leftronic will purchase Promotion Products from a third-party and a third-party will ship the Promotion Products to an eligible street address. Leftronic expects to place orders for Promotion Products approximately 60 days following receipt of full payment for an annual subscription to an Eligible Plan. Promotion Products may be provided in more than one shipment. For Leftronic customers who are not residents of the lower 48 continental United States and the District of Columbia (the “U.S. Territory”), Leftronic will limit the Promotional Products to a non-transferrable credit equal to the value of the Promotion Products identified in the chart in Section 4 (above) of the Promotion Terms for the purchase of future Leftronic service plans, except where there are at least five (5) eligible customers located in the same jurisdiction outside of the U.S. Territory. Notwithstanding anything else in the Agreement, if a Promotion Product becomes unavailable or if there is a substantially greater cost for providing Promotional Products to a location outside of the U.S. Territory or doing so would be legally impractical, Leftronic will substitute a similar product, or in Leftronic’s discretion, provide a non-transferrable credit equal to the value of the Promotion Product solely for the purchase of future Leftronic service plans.
6) RELEASE. Customer on behalf of itself and its successors, hereby irrevocably and forever releases Leftronic and each of its successors, assigns, affiliates, licensees, investors, shareholders, directors, officers, agents and representatives, from any and all claims, liabilities, demands, actions, causes of action, lawsuits, losses and/or damages of any kind whatsoever, whether known or unknown, accrued or not accrued, asserted or unasserted, matured or not matured, suspected or unsuspected, whether in equity or in law, which Customer may ever have had, may now have or may hereafter have or acquire arising out of or relating to the Promotion Products, whether in connection with use or exploitation thereof or otherwise, and Customer hereby covenants not to sue or make any claim inconsistent with the foregoing release. Customer hereby waives and relinquishes any right or benefit which Customer may have under Section 1542 of the California Civil Code which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR” or any similar law or statute in any jurisdiction.
7) Warranty Disclaimer for Promotion Products.
a) OTHER THAN ANY WARRANTY THAT MAY BE OFFERED BY A THIRD PARTY SUCH AS THE MANUFACTURER OF A PROMOTION PRODUCT, AS BETWEEN CUSTOMER AND LEFTRONIC, THE PROMOTION PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND FROM LEFTRONIC. LEFTRONIC AND ITS AFFILIATES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PROMOTION PRODUCTS, INCLUDING BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. LEFTRONIC AND ITS AFFILIATES DO NOT WARRANT THAT THE PROMOTION PRODUCTS OR ANY PART THEREOF, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
b) SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND CUSTOMER MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
8) LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LEFTRONIC SHALL, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LEFTRONIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE ANY PROMOTION PRODUCT; (II) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOOD OR SERVICE; (III) ANY ERROR, ACT, OR OMISSION RELATED TO THE PROMOTION OR, ANY PROMOTION PRODUCT; (V) OR ANY OTHER MATTER RELATING TO THE PROMOTION.
9) Miscellaneous. The Agreement constitutes the only terms and conditions applicable to the Promotion. Any other statements, descriptions, images, or other materials describing the Promotion may be inaccurate or incomplete, and the Agreement alone governs the Promotion. Except as expressly described in these Promotion Terms, the Promotion Terms do not govern Customer’s purchase, use of, or any other matters related to Leftronic’s own products and services (including the Eligible Plans), which are offered subject to Leftronic’s Terms of Service in Part I of this Agreement, as it may be updated from time to time.