Terms Of Use
Landing Page Maker is a product of CBS Systems Corp. and we respects your privacy, and we are committed to safeguarding the privacy of our web site visitors.
Please read the following statement.
Welcome to LANDING PAGE MAKER (LPM) On Demand!
Before you register for the service, you must read and agree to the following terms and conditions and policies, including any future amendments. This LPM On Demand Terms of Use Agreement (the "Agreement") is a legal contract between you (the "User") and LPM ("LPM"). The Agreement governs your use of LPM On Demand ("Services"). Your uses of the Services are conditional on your acceptance of this Agreement. By using any Service or by checking the acceptance box at the end of this Agreement, you accept and agree to be bound by all the terms and conditions of this Agreement, as well as any additional terms specific to the particular Services for which you register.
The Services
LPM will provide you with the Services for which you register on LPM's Website, subject to the terms and conditions of this Agreement. The fees referred to in this Agreement are reflected on the LPM website. You acknowledge that the Services may be also offered in various separately priced service levels or packages ("Service Plans"), and you will only receive the Service Plan that you have registered for. Descriptions of each Service, and the various Service Plans that are available for each Service, are available on LPM's Website.
Registration
To sign up for or receive the Service, you must submit or maintain on file with LPM certain registration data, as requested by LPM's online registration form for the Service. Such registration data shall include, but not be limited to, your company, name, credit card information, address, e-mail, address and Website URLs. LPM reserves the right, in its sole discretion, to refuse any registration or Service activation request for any reason or no reason, and shall not be obligated to provide any Service to you. LPM's use of your registration information is governed by LPM's privacy policy.
SERVICES DURATION AND CANCELLATION
Unless stated otherwise on LPM's Web pages, Services will be provided as stated on the Website for the full length specified. At any time after activation of the Service, either you or LPM may cancel that Service or LPM may discontinue the Service completely by providing written hardcopy or electronic notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the originally specified period. LPM also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.
USE OF SERVICES
Services rely on the use of HTML code to provide your promotions based on the rules selected. Subject to your compliance with all the terms of this Agreement, LPM will provide you HTML code or software or SQL Scripts for inclusion on your website and database. You agree to follow all instructions and restrictions provided to you by LPM with respect to your use of the Service/Software.. YOU AGREE THAT LPM WILL NOT BE RESPONSIBLE FOR ANY MALFUNCTIONS, ERRORS, DATA INACCURACIES, OR IMPROPER RESULTS ATTRIBUTABLE TO YOUR USE, WHETHER USED CORRECTLY, INCORRECTLY, OR BY UNAUTHORIZED OR UNSUPPORTED USE. The User is responsible to upload and manage the content and rules in accordance to process defined by LPM. By entering into this Agreement and uploading, content, you are directing and authorizing LPM host and display the content as directed. LPM will store the promotions in secure data storage and will retain until the User selects to delete the files or terminate the agreement.
PRICING CHANGES, UPGRADING, DOWNGRADING AND OTHER MODIFICATIONS
LPM services are billed on a subscription basis. LPM may change or withdraw the terms of the free trial Service, or any other terms of this Agreement, at any time by updating the applicable information or other terms posted on LPM's Website. New pricing terms will become effective immediately after LPM posts such changes to its Website. If you do not agree to any changes posted by LPM in accordance with this Section, you must cancel your account or the affected Service as provided herein before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes. Additional modifications to these terms and conditions may be made in special circumstances, but only if approved in advance in a signed writing on LPM's letterhead by an authorized management-level LPM official. Product sales and support representatives are not authorized to waive or modify any provisions of this Agreement. No failure by LPM to enforce any term of this Agreement shall be construed as a waiver thereof, nor shall it affect your obligations or LPM's rights and remedies hereunder.
PAYMENT
Customer shall be responsible for all charges or as set in an online account, and shall pay all charges in U.S. Dollars or in such other currency as agreed to in writing by the parties. Unless agreed to by the parties in writing, Customer shall pay all charges through one of the payment option given in the LPM website such as approved major Credit cards , Pay Pal or Amazon Payments. Charges are exclusive of taxes. Customer is responsible for paying (y) all taxes, government charges, and (z) reasonable expenses and attorneys fees LPM incurs collecting late amounts. To the fullest extent permitted by law, Customer waives all claims relating to charges (including without limitation any claims for charges based on suspected invalid impressions) unless claimed within 60 days after the charge (this does not affect Customer's credit card issuer rights). Charges are solely based on LPM’s measurements for the Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of LPM and only in the form of advertising credit. Nothing in these Terms may obligate LPM to extend credit to any party. Customer acknowledges and agrees that any credit card and related billing and payment information that Customer provides to LPM may be shared by LPM with companies who work on LPM's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to LPM and servicing Customer's account. LPM may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. LPM shall not be liable for any use or disclosure of such information by such third parties.
MAILING LIST
By signing up and/or registering for services, trials, subscription or any offerings, paid or free of charge, you agree to be added to LPM's promotional mailings and e-mail updates. You always have the option of opting out (removing yourself from such mailings) by contacting LPM and request to be removed from the list. Your information will never be given or sold to anyone outside LPM.
YOUR PROMISES AND OBLIGATIONS - AS A CONDITION OF RECEIVING ANY SERVICES, YOU PROMISE, REPRESENT, AND WARRANT THE FOLLOWING.
a. All of the registration information you supply to LPM is true, complete, and accurate, and you will notify LPM of any changes to your registration data during the term of this Agreement and submit updated information within ten (10) days of any such changes; b. None of the Promotions you submit to LPM link to any Web page or site that contains any: Nudity, pornography, or other sexual or adult material; Hate propaganda or material that encourages or promotes illegal activity or violence; Content that violates or infringes in any way upon the statutory, common law, or proprietary rights of others, including but not limited to copyrights, trademark rights, patents, or any other third party intellectual property, contract, privacy, or publicity rights; Material that promotes or utilizes software or services designed to deliver unsolicited e-mail; Viruses, trojan horses, time bombs, or any other harmful programs or elements; Misrepresentations or material that is threatening, abusive, harassing, defamatory, obscene, profane, indecent, or otherwise objectionable, offensive, or harmful; or Other material that LPM, in its sole discretion, deems inappropriate, including any violations of standards posted on LPM's Website or sent to you by e-mail; c. You will safeguard your account user name and password by not disclosing your password to any third party, and you will assume responsibility for any and all harm or liability attributable to you or any other person accessing your account or any Services with your user name and password; d. You will not copy, sell, redistribute, license, sublicense, or otherwise transfer your account, or any materials provided to you in connection with the Services, to any third party without LPM's written consent; e. You will treat any and all consumer information gathered for you or transmitted to you via the LPM Website or Services in accordance with LPM's Privacy Policy; f. You will comply with all federal laws and regulations governing your actions under this Agreement; and g. You have full power and authority to enter into this Agreement and to perform your obligations hereunder. Without limiting its other remedies, LPM may refuse or cancel your account or Services at any time for any violation of the foregoing promises. To assure compliance with the criteria in Subsection (b) above, LPM reserves the right to monitor the content of the Web pages or sites that correspond to the URLs you submit to LPM.
OWNERSHIP RIGHTS
You agree and understand that the Services and all graphic designs, icons, HTML, code, computer programming, and other elements incorporated therein are the exclusive property of LPM. In addition, you acknowledge that LPM owns all right, title, and interest in and to LPM's trademarks, trade names, service marks, inventions, copyrights, trade secrets, patents, technology, software, and know-how related to the design, function, or operation of the Service. Your rights to the Services are strictly limited to the rights expressly granted in this Agreement.
DISCLAIMER OF WARRANTY
LPM makes no guarantees of any kind regarding the use or the results derived from any Services in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind. LPM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LPM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN THE HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS THAT YOU SELECT.
LIMITATION OF LIABILITY
IN NO EVENT WILL LPM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT LPM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES..