Terms of Service (“Terms”)
These terms of service (these “Terms”) govern your access to and use of the website (the “Site”) of leadPops, Inc. (“leadPops”) at www.leadpops.com, including any content, functionality and services offered on or through the Site, or remotely through any leadPops applications (collectively, the “Services”), so please read them carefully before using the Services.
- Description of Services
leadPops provides an online platform, using its proprietary “lead generation software” for generating marketing leads and converting leads into sales. The leadPops platform is used by mortgage brokers, banks, loan officers, real estate agents, insurance agents, and other business professionals to generate qualified, exclusive leads for their businesses. As more fully described on the Site, leadPops offers the following Services:
- Landing pages and conversion funnels that can be plugged into any online, offline or referral marketing effort to increase the number of leads generated.
- Your leadPops Funnels membership includes our Email Fire (email marketing software) with up to 500 contacts and UNLIMITED emails for FREE. As your list grows, every 500 additional contacts is just $25/month more.
- Conversion optimization analysis and advice.
- Managed services for pay per click advertising campaigns, including plan creation, setup and implementation at an additional cost.
- Any policies, rules and fees posted by leadPops on the Site with respect to its Services are hereby incorporated into these Terms.
- Changes to these Terms
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.
- Subscribing to the Services
Subscriptions to the Services will be on a month-to-month basis. You may terminate your subscription at any time; however, no amounts that have been paid for the Services will be refundable, although you may be entitled to account credits under Section 4 below. leadPops may terminate your subscription for cause as provided in these Terms. Any termination of your subscription by either leadPops or you may be communicated via either (i) email or (ii) a phone conversation followed up with a confirmatory email for documentation purposes.
As a subscriber, you authorize leadPops to charge all payments due for subscribed Services to the credit card or debit card you provided when you registered. leadPops uses the secure Authorize.net merchant payment portal and automated monthly payment billing system to manage payments. You will receive an email receipt upon signup with leadPops and for each monthly payment made for Services.
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (i) making all arrangements necessary for you to have access to the Services (e.g., providing your own equipment and internet connection and paying any internet access fees) and (ii) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
- leadPops Guarantee
Subject to the provisions of this Section 4, leadPops shall credit to your leadPops account an amount equal to the subscription fees you have paid during your initial twelve (12) months of being a leadPops subscriber (“Initial Annual Fees”) if you do not receive a “Services Value” (as calculated by at least one of the methods below) during that period that is equal to or greater than the Initial Annual Fees.
“Services Value” is calculated as:
- The dollar value of one or more closed transactions (e.g., a loan) based on leads you generate via the Services; or
- The number of leads you generate via the Services times $50 (the imputed value per lead).
To claim a credit of your Initial Annual Fees, you must (i) be an existing leadPops subscriber in good standing, (ii) have set up and launched at least one landing page and conversion funnel for your business, and (iii) submit your request for a credit to leadPops in writing at firstname.lastname@example.org within thirty (30) days after the completion of your initial twelve (12) months as a leadPops subscriber.
- Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by leadPops and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your own personal and organizational purposes only. You are granted a limited, non-transferable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site (other than your User Content as defined below), except as follows:
- Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal or business use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.
Other than with respect to your User Content, you must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
- Access or use any part of the Site other than for purposes of receiving the Services.
If you wish to make any use of material on the Services other than as set out in this section, please address your request to email@example.com.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by leadPops. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The leadPops name and logo are trademarks of leadPops. You must not use this name and logo without the prior written permission of leadPops. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
- Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to bypass methods leadPops may use to prevent or restrict access to the Site or Services.
- Otherwise attempt to interfere with the proper working of the Site.
- Use the Site or Services for any purpose competitive to leadPops or its affiliates, or for the purpose of disparaging the Services.
- Scrape or copy profiles and information of other Site users through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
- Market, sell, transfer, or otherwise make available to any other person or entity any data collected from, or derived from data collected from, the Site, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
- Use the Services for any purpose other than solely to generate marketing leads for your bona fide business.
- Reliance on Site Contents and Services
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. leadPops shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. leadPops disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services.
We are not responsible for your compliance with industry rules and regulations in the use of our Services, including but not limited to, RESPA, TILA, Controlling the Assault of Non-Solicited Pornography and Marketing Act, Telemarketing and Consumer Fraud and Abuse Prevention Act, Telephone Consumer Protection Act, 47 U.S.C. § 227, or California Consumer Privacy Act. We will make commercially reasonable efforts to assist you with compliance with any such rules and regulations applicable to the use of our Service but such assistance should not be relied on as the sole source of compliance. You should seek independent advice from professionals personnel to insure compliance.
- User Content
Initial content for the landing pages of subscribers to the Services will be provided by leadPops. As a subscriber, you may post, submit, publish, display, or transmit (hereinafter, “post”) various content or materials on your leadPops landing page, including text, photographs, images, logos, videos and other content, at your discretion. In addition, the Site may offer message boards, chat rooms, forums, bulletin boards, and other interactive features. Any leadPops subscriber-posted content or materials are referred to in these Terms as “User Content.”
All User Content must comply with the content standards set out in these Terms.
Any User Content you post to the Site will be considered non-confidential. Your User Content belongs to you; however, by posting your User Content on the Site, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose your User Content for the purpose of providing and promoting the Services and other leadPops services, including but not limited to (i) marketing and advertising materials relating to the Services, (ii) improving the Services and developing other services, (iii) leadPops blog postings, social media accounts and trade events, and (iv) communications with potential investors and business partners, provided that no personal information is disclosed.
You represent and warrant that you own or control all rights in and to the User Content and have the right to grant leadPops and its affiliates the rights granted herein. You represent and warrant that all of your User Content does and will comply with these Terms, and you agree to defend, indemnify and hold harmless leadPops and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not leadPops, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any content and/or opinions uploaded, expressed, or submitted to the Site, and all articles and responses to questions and other content, other than the content provided by leadPops, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of leadPops. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site.
- Monitoring and Enforcement
We have the right to:
- Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion if we believe that such User Content violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of users of the Site and the public, or could create liability for leadPops.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate your subscription and/or your access to all or any part of the Services for any violation of these Terms, with immediate effect.
- Terminate your subscription to the Services, or decline to allow you to become a leadPops subscriber, for any reason or no reason, in our sole discretion. If we terminate your subscription to the Services other than for a violation of these Terms, we will provide you with three (3) days’ advance notice of termination.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS LEADPOPS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LEADPOPS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER LEADPOPS OR LAW ENFORCEMENT AUTHORITIES.
However, you understand and agree that we can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
You have the right to terminate your leadPops account at any time by contacting us at firstname.lastname@example.org. Upon termination of your account, your user profile will be removed from the Site, your User Content may be removed from the Site, and your User Content will not be available to you. However, you understand that leadPops is not required to remove your User Content, and removed content may persist in backup copies for a reasonable period of time. leadPops has no obligation to maintain or provide User Content of a leadPops subscriber after account termination and may delete all content provided unless legally prohibited from doing so.
- Content Standards
These content standards apply to any and all User Content and interactive services. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities and/or sales other than as permitted by these Terms and your leadPops membership, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
- Give the impression that they emanate from us, if this is not the case.
- Copyright Infringement
If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- 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;
- 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 owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at email@example.com.
- Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook, Instagram, Twitter or LinkedIn).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
- Links from the Site
- Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. NEITHER LEADPOPS NOR ANYONE ASSOCIATED WITH LEADPOPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LEADPOPS NOR ANYONE ASSOCIATED WITH LEADPOPS REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
LEADPOPS AND ALL PARTIES ASSOCIATED WITH LEADPOPS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation of Liability
IN NO EVENT WILL LEADPOPS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless leadPops, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site.
- Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with California law except for its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of California, and both parties consent to venue and personal jurisdiction there.
- Waiver and Severability
No waiver of these Terms by leadPops shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of leadPops to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
- Mobile Application Terms
You may not assign any of your rights in these Terms, and any such attempt is void, but leadPops may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. leadPops and you are not legal partners or agents; instead, our relationship is that of independent contractors.
- Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: firstname.lastname@example.org.
Updated: January 15, 2020