Phone 888-65LEADS

LCPS (Lead Capture Page System)

License/Membership Agreement & Terms and Conditions

Welcome to LCPS website/software (the "website" or “Website/Software”). The following license agreement (the“Membership Agreement” or "software agreement' or 'license agreement") contains the terms and conditions that govern your use of the Website and our Services (as defined below). This Membership Agreement describes your rights and responsibilities, as well as what you can expect from the Website and our Services.

If you do not agree with any of these terms, do not access or otherwise use our Website and/or Services, or any information or materials contained within the Website.

LCPS, Lead Capture Page System, is a product of parent company CA Marketing, (“LCPS” and “We”) owns and operates the Website and reserves the right to add, delete, and/or modify any of the terms and conditions contained in this Membership Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantial changes to this Membership Agreement, the new terms will be posted onthe Website, and you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Website and our Services and to request an immediate termination of your license/membership. Your express consent or continued use of the Website/software or our Services following posting of a change notice or new Membership/License Agreement on the Website will constitute binding acceptance of the changes.

1. Our Services

 1.1. We provide a number of Internet-based services through the Software/Website (all such services, collectively, the “our Services”), including without limitation training and materials for you to develop and promote your business. We reserve the right to add, change, and/or delete content and/or services from the Website and/or our Services from time to time.

 1.2. If applicable, during a trial/demo period (the “Trial Period,” the duration of which is indicated on the sign-up page) you may cancel your membership and receive a fullrefund, provided that you return all materials We shipped to You. To be eligible for a refund, you must notify us.

 1.3. Demo. By viewing the demo you are under no financial obligation to LCPS.

 1.4. We reserve the right to change/add fees, including but not limited to the membership/license/hosting/user fee from time to time.

 1.5  Fees; Hosting/maintenance fee is due the 1st of every month on front month billing. A short grace may be granted before suspension, but is not guaranteed. Other fees (user, overage,etc) will be invoiced at the close of the month and will be due upon receipt. The user fee is either a paid end user or free ('free user') end user. A 'free user' is any end user that is not solicited to partake in software usage at anytime, through any means, and is subject to random audit by LCPS. LCPS invoices must be current to avoid suspension. If suspension occurs a reactivation fee will be accessed. Refusing to pay user fees or acts of deception to avoid being invoiced proper user fees (such as 'paid user') may result in termination or a penalty of $2,000. 

 1.6 Hosted; Software is hosted and maintained on LCPS servers only. All domains/software must be hosted internally and will be supported internally. In the event you are on external servers you agree to transfer to LCPS servers. You agree to supply/comply with the transfer process or be subject to software termination.

 1.7  Support: If using our support service you agree to our support terms and pay for time spent via support credits. Support credits can be pre-purchased in LCPS back office and are subject to change from time to time. Support requests are not guaranteed. Support credits used on a software bugs will be rewarded back you to, however you will need to have support credits in order to determine if it is a 'bug' or not. Support is simply where you pay for the time spent to work on the system and are not guaranteed results for the time spent. Upgrades to the software maybe requested and paying for upgrade time is by quote or UR credits. The code/scripts for upgrade requests are owned and maintained by LCPS.

 1.8 Suspension: System suspension occurs upon failure to make payment of due fees. Systems suspended for delinquency of fees may be reinstated upon payment of all due fees in addition to an accessed reinstatement fee. System data is retained for 90 days of suspension after which all data is purged. System licenses may be reinstated only within 180 days of suspension after which all licensing is terminated.

 1.9 Parked Hosting: Systems may be parked at reduced fees. Parked systems retain indefinitly their data and licensing so long as all hosting fees remain current, but are inoperable, and inaccessible.

 1.10 Backups: Systems come with a default same-disk backup and system data is not guaranteed against loss. Improved backup services are available upon request.

 1.11 Domain License Changes: Systems may have their domain changed by paying a fee as follows. Within 30 days of license purchase a domain may be modified for a $50.00 fee. Within 90 days of license purchase a domain may be modified for a $250.00 fee. Beyond 90 days an equivalent license must be repurchased. An equivalent license requires the license and all plugins be repurchased at current pricing.

2. Use of the Website and our Services

 2.1. We will only knowingly provide our Services to parties that can lawfully enter into and form contracts under applicable law. The Website and our Services are not for children under the age of 18 and any such use is prohibited.

 2.2. You must comply with all of the terms and conditions of this Membership Agreement, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and our Services.

 2.3. Your License to Use the Website/software and our Services.

 2.3.1. We own our licenses and all intellectual property and other rights, title, and interest in and to the Website, our Services, and the materials accessible on and/or through the Website and our Services, except as expressly provided for in this Membership Agreement. For example, and without limitation, We own trademarks,copyrights, and certain technology used in providing our Services. You will not acquire any right, title or interest therein under this Membership Agreement or otherwise unless expressly provided for herein.

 2.3.2. We grant you a limited revocable license to access and use the Website/software as a marketing system and our Services for its intended purposes, subject to your compliance with this Membership Agreement. This license does not include the right to collect or use information contained on the Website for purposes that We prohibit or to compete with our company. If you use the Website or our Services in a manner that exceeds the scope of this license or breaches any relevant agreement, your license shall terminate immediately.

 2.4. Third-Party Services. We may provide links on the Website to other websites that are not affiliated with, under the control of, or otherwise maintained by us, and may use third parties to provide certain services accessible through the Website. We do not control those third parties or their services, and you agree that We will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Membership Agreement when you use these services. If any such terms or policies conflict with our Membership Agreement, agreements or policies, you must comply with our Membership Agreement, agreements, or policies, as applicable. We do not endorse or make any representations or warranties about third party sites or any information, software, or other products or services found there.

2.5 Using capture pages as the primary product is prohibited. The system you promote must promote something other than capture pages/LCPS tools as primary product.

2.6 Server: You can specify the server requiments and protection when you choose to have a dedicated server. Additional services will be additional fees. A shared server will carry RAID protection. Shared servers offer no gurantees. 

2.7 Upgrading software: When using LCPS services to change, modify or upgrade the software and/or plug-ins remains the property of LCPS.

3. Confidentiality

 3.1. For the purpose of this Membership Agreement, “Confidential Information” shall be deemed to include all information and materials that:
(a) if in written format is
 marked as confidential, or (b) if disclosed verbally is noted as confidential at the time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential.

 3.2. Confidential Information shall include without limitation: this Membership Agreement; all information provided on and/or through the Website and/or our Services; trade secrets, inventions, research methods, methods of compiling information, methods of creating our database, procedures, devices, machines, equipment, data processing programs, software, computer models, research projects, and other means used by us in the conduct of our business; product formulations, strategies and plans for future business, new business, product or other development, new and innovative product ideas, potential acquisitions or divestitures, and new marketing ideas; information with respect to costs, commissions, fees, profits, sales, markets, sales methods and financial information; mailing lists, the identity of our customers, potential customers, distributors, and suppliers and their names and addresses, the names of customer representatives responsible for entering into contracts for our products or services, the amounts paid by customers to us, specific customer needs and requirements, and leads and referrals to prospective customers; and the structure, sequence, and organization of our database, together with source code and object code; and the identity of our employees, their respective salaries, bonuses, benefits,qualifications and abilities.

 3.3. You acknowledge and agree that the nature of our confidential, proprietary, and trade secret information to which you have, and will continue to have, access to derives value from the fact that it is not generally known and used by others in the highly competitive, international industry in which We compete. You further acknowledge and agree that, even in complete good faith, it would be impossible for you to work in a similar capacity for a competitor of ours without drawing upon and utilizing information gained pursuant to this Membership Agreement.

 3.4. You acknowledge that you are receiving such Confidential Information in confidence and will not publish, copy, or disclose any Confidential Information without prior written consent from the Company. You further agree that you shall not attempt to reverse engineer, de-compile or try to ascertain the source code to our software or any other software supplied hereunder. You acknowledge that you will only use the Confidential Information to the extent necessary to promote your business, and that you will use best efforts to prevent unauthorized disclosure of the Confidential Information to any third party.

 3.5. The obligation of confidentiality shall not apply to any particular portion of Confidential Information which:
(a) was in the public domain when we granted access to  you; (b) entered the public domain through no fault of you subsequent to receipt; (c) was in your possession free of any obligation of confidence at the time of the disclosure by us; (d) was rightfully communicated by a third party to you free of any obligation of confidence subsequent to the time of the originating partyʼs communication there of to you; (e) was developed by you independently of and without knowledge or reference to any Confidential Information; (f) is approved for release by written authorization from us; or (g) is required to be disclosed pursuant to any statute, law, rule or regulation of any governmental authority or pursuant to any order of any court of competent jurisdiction, but in any case, you will immediately notify us before disclosure and given a reasonable opportunity to obtain a protective order or other form of protection.

 3.6. You agree not to alone or in association with others use Confidential and/or trade secret information to
(a) solicit, or facilitate any organization with which you are associated in soliciting, any employee or customer of ours to alter its relationship with us; (b) solicit for employment, hire, or engage as an independent contractor, or facilitate any organization with which We are associated in soliciting for employment, hire, or engagement as an independent contractor, any person who was employed by us at any time during the term of this Membership Agreement (provided, that this clause (b) shall not apply to any individual whose employment with us was terminated for a period of one year or longer); or (c) solicit business from or perform services for any customer, supplier, licensee, or business relation of ours, induce or attempt to induce, any such entity to cease doing business with us; or in any way interfere with the relationship between any such entity and us.
 3.7. You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage us, our products, employees, services, work and/or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to our right to also seek injunctive or other equitable relief.

 3.8. Other than as expressly provided for herein, in no event shall you be deemed by virtue hereof to have acquired any right or interest by license or otherwise, in or to the Confidential Information.

 3.9. You and We agree that all originals and any copies of the Confidential Information remain the property of CA Marketing. You shall reproduce all copyright and other proprietary notices, if any, in the same form that they appear on all the materials provided by us, on all copies of the Confidential Information made by you. You agree to return all originals and copies of all Confidential Information in your possession and/or control to us at our request.

4. General Rules

 4.1. Prohibited Use. You may only use the Website and/or our Services to promote your business system, as expressly permitted by us. You may not cause harm to the Website or our Services. Specifically, but not by way of limitation, you may not:
(i) interfere with the Website and/or our Services by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website or our Services; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website and/or our Services, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the Website and/or our Services; (v) impersonate another person or entity; (vi) engage in any activity that interferes with another userʼs ability to use or enjoy the Website and/or our Services; (vii) assist or encourage any third party in engaging in any activity prohibited by this Membership Agreement; (viii) co-brand the Website or our Services; (ix) frame the Website and/or our Services; or (x) hyper-link to the Website and/or our Services, without the express prior written permission of an authorized representative of LCPS. (xi) Use capture page as the primary product. The system you promote must promote something other than capture pages as the primary product. (xi) Supporting a program that has deemed illegal by the US govenment will immediatly cancel and revoke all future ability to retain LCPS services.

 4.2. Privacy Policy. By entering into this Membership Agreement, you agree to our collection, use and disclosure of your personal information in accordance with the Privacy Policy.

 4.3. Ordering Policies. If you purchase any of our products and/or services, you agree that your use of the product or service is limited by this Membership Agreement as well.

 4.4. Password Restricted Areas of the Website/software. Most areas of the Website are password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or the Website that is known to you.You also understand that in the event of malicious viral attacks, as such situations occur that LCPS is not responsible for your damages and insist you maintain secure passwords.

 4.5. Spam Policy: You may not use our Website or Services to engage in unethical marketing activities, including without limitation spamming. The following are examples of activities that are not permitted, and which may result in an immediate deactivation of your account or termination of your membership: a) disguising the origin of any content transmitted to or through our Website or Services, or using any other means of deceptive addressing; b) relaying email from a third party mail server without the permission of that third party; c) transmitting any material that is unlawful or used without adequate permission from the owner of the material; d) harvesting email addresses in a manner that is unlawful or in violation of the rights of a third party; e) sending email that contains inaccurate header information or domain names that are not valid or do not exist; f) sending email that contains false or misleading information in the subject line or body of the message; g) sending email that does not indicate that it is an advertisement, does not include a functioning opt-out mechanism, or does not include your valid physical mailing address; or h) sending email that violates applicable law, including without limitation the CAN-SPAM Act or the applicable laws of the jurisdictions from which you send email or in which the email is received; or i) the acceptable use policies of our email service provider.

5. Reservation of Rights

 5.1. Monitoring. We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website and/or Service. If We determine, in our sole and absolute discretion, that you or another Website user has or will breach a term or condition of this Membership Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

 5.2. Modification of the Service. We may modify the Website/software and/or our Services at any time with or without notice to you, and will incur no liability for doing so.

6. Etiquette

 6.1. We ask that you respect the Website online community and staff. Your conduct when using the Website and our Services should be guided by common sense and basic etiquette. To further these common goals, you agree not to:

 6.1.1. Disparage the products or services of any company or individual.
 6.1.2. Impersonate or represent us, our staff, or other industry professionals.
 6.1.3. Link to or post content not allowed on the Website.
 6.1.4. Solicit a userʼs password or other account information.
 6.1.5. Harvest user information for any purpose.
 6.1.6. Use racially or ethnically offensive language; discuss or incite illegal activity; use explicit/obscene language; or solicit/post sexually explicit images.
 6.1.7. Harass, threaten, or embarrass anyone.
 6.1.8. Post anything that you do not have the legal right to post; and
 6.1.9. Violate any law, or make any untrue or misleading statement;

7. Submissions

 7.1. Your Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information (“Submissions”), you grant us an unrestricted license to use such Submissions for any purpose, including without limitation marketing and other promotional purposes and the right to sublicense. You agree that We will have no obligation to keep any Submissions confidential. You will not bring a claim against us based on “moral rights” or the likes arising from our use of a Submission.

 7.2. Submissions by Others. We do not control the content posted by third parties and, as such, do not guarantee the accuracy, integrity, or quality of such content. You understand that by using the Website and/or our Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will We be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website and/or our Services by third parties.

8. Representations and Warranties

 8.1. Mutual Representations and Warranties. Each party represents to the other that:
(i) the party has the full power and authority to enter into and perform under this Membership Agreement, (ii) execution and performance of this Membership Agreement does not constitute a breach of, or conflict with, any other agreement or arrangement by which the party is bound, and (iii) the terms of this Membership/ Agreement are a legal, valid, and binding obligation of the party entering into this Membership Agreement, enforceable in accordance with these terms and conditions.

 8.2. By You. You represent and warrant to us that, in your use of the Website and/or our Services, you:
(i) will not infringe the copyright, trademark, patent, trade
 secret, right of privacy, right of publicity or other legal right of any third party; (ii) will comply with all applicable laws, rules, and regulations; (iii) will not disrupt or damage any software or hardware; and (iv) you will provide correct, current, and complete billing 
and contact information.

9. Disclaimers and Exclusions





10. Indemnification

 10.1. You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneysʼ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of provision in this Membership Agreement through any act or omission. If you have to indemnify us under this section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.

11. Termination

 11.1. Termination. You agree that, under certain circumstances and without prior notice, We may suspend or terminate your use of the Website/software and/or our Services, including without limitation, if We believe, in our sole and absolute discretion, that you have breached a term of this Membership Agreement. You acknowledge and agree that all suspensions and terminations shall be made in our sole discretion and that We shall not be liable to you or any other party for said suspension and/or termination.

 11.2. Survival. Upon termination, your license to use the software/Website, our Services, and everything accessible by and/or through the Website and/or our Services shall terminate and the remainder of this Membership Agreement shall survive indefinitely unless and until we choose to terminate them.

 11.3. Effect of Termination. Upon termination of any part of this Agreement for any reason, we may delete or assume ownership of any Content or other things— including without limitation URLs, domain names, and email lists—relating to your use of our Website and/or our Services that is on our servers or otherwise in our possession or control, and We will have no liability to you or any third party for doing so.

12. Notice

 12.1. All notices required or permitted to be given under this Membership Agreement will be in writing and delivered to the other party by any of the following methods:
(i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to
 us, you must use the following address: LCPS, 102 Thompson Dr Bridgeport WV 26330. If LCPS provides notice to you, We will use the contact information provided by you to us. All notices will be deemed received as follows:
(i) if by delivery by U.S. mail,
 seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” you agree that email communication will satisfy this requirement.

13. Notification of Claims of Infringement

 13.1. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, terminate service to users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent to receive notice of claimed infringement: LCPS,:
(i) an
 electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Website where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright ownerʼs behalf. Our agent for notice of claims of copyright infringement on this site can be reached using the contact 
information below.

14. Third Party Referral Fees

 14.1. We may receive an affiliate commission when you purchase some of the products and/or services that we recommend on our Website and/or Services.  By entering into this Agreement, You acknowledge that your have been informed of such payments, consent to payments of affiliate commission to LCPS, and that such payments are fair and reasonable.

 14.2. You may or may not be entitled to receive a referral fee as a result of your membership. For example, if you refer someone to the Website who subsequently becomes a member, you may be entitled to receive a referral fee. You may also receive a referral fee if someone you refer purchases additional products and/or services. We will only pay you a referral fee if:
1) we receive payment from the person you refer; and
 2) you are not indebted to LCPS for any amount. We reserve the right to offset your 
referral fee by any amount you owe us

15. Miscellaneous

 15.1. This Membership Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of West Virginia without reference to conflict of law principles. This Membership Agreement will not be assignable or transferable by you without our prior written consent. This Membership Agreement (including all of the policies and other Agreements described in this Membership Agreement, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Membership Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or
employee-employer relationship is intended or created by this Membership Agreement. The invalidity or unenforceability of any provision of this Membership Agreement will not affect the validity or enforceability of any other provision of this Membership Agreement, all of which will remain in full force and effect.

If you have questions or concerns regarding this Membership Agreement, you should contact us by e-mailing [email protected] and writing “Membership
Agreement” in the subject line. For LEGAL, You may also contact [email protected]