LiarCard Beta

Voice Polygraph Now Intstantly Detects Lies by Analyzing Your Subjects Voice Via Telephone

LiarCard.com



LiarCard.com Terms and Conditions

CUSTOMER SERVICE AGREEMENT

FOR LIARCARD PHONE SERVICE

This Customer Service Agreement (the "Agreement") sets forth all the terms and conditions associated with your use of the Services offered by or through LiarCard.

Online Acceptance:

Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance. By clicking "I accept" or by otherwise using the Services, you, the customer, agree to be bound by the terms of this license agreement. Please read this license carefully. If you do not agree to be bound by the terms of this license, do not click "I accept" and do not use the Services.

TERMS AND CONDITIONS

1. Services Provided LiarCard offers you the ability to make local toll, domestic long distance and international telephone calls using touch-tone telephones by dialing various access numbers made available on its Website (www.LiarCard.com) (the "Website"), entering a Personal Identification Number ("PIN") and dialing the called party. In addition, through the use of proprietary software, it can analyze the statements of the called party and provide an assessment of the likely truthfulness of the speaker. LiarCard also offers call recording capability. These Services are provided on a pre-paid basis only and do not require you to change your current telephone service provider(s). A complete list of LiarCard Services can be found elsewhere on this Website. LiarCard is not responsible for reimbursements for calls made with another service while LiarCard is temporarily unavailable.

2. Permitted Use of the Services The Services, and particularly the results of any Service, are for personal entertainment purposes only. If you or any other person act on or rely on the results of a Service, you do so at your own risk, and you alone shall bear the responsibility for any consequences, including but not limited to any damages that may be caused to you or to any third party as a result of such action. You may not make any commercial use of the Services, including, but not limited to providing services (whether for payment or free of charge) for other persons or entities by using the Services. You also do not have any right to use and/or to present the results of any Service on any media or multi-media platform, or any other platform that enables communication to the public (including without limitation television, radio, or the Internet). Any violation of this clause will be prosecuted by LiarCard to the maximum extent permitted by law.

3. No Reliance on the Services' Results You recognize that the accuracy of the results obtained by use of the Services cannot be guaranteed. None of the Services is a professional lie detection service, and no conclusions should be drawn on the basis of the Services' results alone. Such results should only be considered in conjunction with other methods, data, and information. You acknowledge that errors will occur in the operation of the Services and/or in the voice analysis performed using the Services. Moreover, LiarCard informs you, and you acknowledge, that many circumstances (including but not limited to inexperienced users, poor questioning techniques, speakers' particular emotional states or personality characteristics, low quality of the voice sound analyzed, and background noises or other environmental conditions) might result in erroneous analyses by the Services.

4. Acceptable Conduct You agree to use the LiarCard services only for lawful purposes. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In particular, depending on the state in which you are located or the person you are calling is located, you may violate state law by recording a telephone conversation without informing the other party. LiarCard reserves the right to immediately and without notice terminate, or otherwise discontinue, your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement.

5. Opening an Account In order to become a LiarCard customer, you must complete an application form on the Website, provide a valid credit card number and select a non-refundable, preset dollar value of service you wish to purchase. LiarCard will then send you an electronic notification (in the form of an e-mail message) confirming that you have become a LiarCard customer and the value of service you purchased for your LiarCard account ("Account"). The electronic notification will also provide you with a unique PIN, which you must use when accessing LiarCard's Services.

6. Personal Identification Numbers YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PIN AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your PIN is being used in an unauthorized manner, you agree to contact LiarCard within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to LIARCARD. Therefore, you should use a secure email address. LiarCard is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and that LiarCard cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card, password or PIN.

7. Access Numbers To access LiarCard's services, you must dial a toll free number (e.g., 866-518-0381). After dialing the access number you must enter your PIN and then the destination telephone number. If you use any local access number, check with your local telephone service provider to ensure that no toll charges are associated with calls to that local access number. LiarCard will not reimburse you for any extra charges assessed by your local phone company as a result of dialing one of LiarCard's access numbers.

8. Payment LIARCARD'S SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use LiarCard's services, your Account will be debited accordingly. No services will be provided if your Account does not have a sufficient balance to cover the cost of the service.

9. Recharging Account In the event you want to use services whose cost exceeds the remaining balance in your Account, you may access the Website and recharge (or supplement) your Account by purchasing additional service in non-refundable, preset dollar values.

10. Rates LiarCard's rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before making any call using LiarCard's services. LiarCard reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. LiarCard.com's rate structure is clearly outlined in the RATES section of the LiarCard.com homepage, located at http://www.LiarCard.com. .In addition, although it is not the present intent of LiarCard.com to raise its rates, should market conditions or factors outside of LiarCard.com's control cause its costs or wholesale rates to some or all destinations to go up, LiarCard.com reserves the right to adjust its rates accordingly.

11. Location Surcharges There is a 75-cent surcharge assessed on calls made from the following locations: (1) payphones, (2) hotels, (3) dormitories, (4) hospitals, and (5) certain other commercial phone lines. This surcharge covers charges imposed by the Federal Communications Commission to compensate owners for the use of their facilities to originate a phone call. Although a high percentage of callers do not complete their payphone calls (they hang up before entering a destination number), LiarCard is still charged by the payphone operator for the toll free call. LiarCard has included the average cost of these incomplete calls in this fee.

12. Email Notification. You are responsible for maintaining a current and operational email address and for reading email from LiarCard so that we can notify you of updates to LiarCard's service and any customer account information.

13. Billing Increments Charges for telephone calls are measured in whole minutes. All fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 25 seconds will be charged for one minute). Timing on calls begins when the call is answered by the called party. Timing terminates when the calling party hangs up or LiarCard's network receives an "on –hook" signal from the terminating carrier. LiarCard will not, and is not obligated to, provide refunds for any calls made using its service.

14. Billing Information LiarCard does not send invoices to its customers. Instead, you have confidential access to your billing information - for the current month and the prior three months only - on the Website. You are responsible for printing out your monthly statements, and LiarCard will not provide monthly invoices other than those available online.

15. Billing Disputes You must notify LiarCard by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. LiarCard will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent LiarCard determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify LiarCard of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.

16. Ownership of Account LiarCard recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person.

17. Cancellation You may discontinue service at any time upon notice (either electronic or written) to LiarCard. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.

18. Expiration Policy Your PIN (and thus any remaining balance in your Account) will expire four (4) months from the later of the date of sign up or last recharge on the Account. If you request an extension of the expiration period from LiarCard (either in writing or electronically) prior to the expiration of the four month period, LiarCard may, at is sole discretion, cnoose to provide you with an extension. All extensions will be confirmed by LiarCard via e-mail. LiarCard is not obligated to provide you with such an extension nor is LiarCard obligated to refund any remaining balance left in your Account.

19. Termination LiarCard reserves the right, at its sole discretion and for any reason, to (a) terminate this Agreement and your access to its services, upon five (5) days electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, LiarCard has the right to put an Account immediately on hold until further investigation takes place.

20. Government Taxes LiarCard reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.

21. Limitation of Liability LIARCARD SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. LIARCARD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF LIARCARD HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIARCARD IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICE THROUGH TOLL OR LOCAL ACCESS NUMBERS. LIARCARD IS NOT LIABLE FOR ANY TOLL CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. LIARCARD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

22. No Warranties or Representations LIARCARD DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. LIARCARD ALSO MAKES NO REPRESENTATION WHATSOEVER IN RELATION TO THE PERMITTED USES OF THE SERVICES UNDER THE LAWS AND REGULATIONS THAT APPLY TO YOU AS THE CUSTOMER. YOU ACKNOWLEDGE THAT DIFFERENT LAWS AND REGULATIONS MIGHT APPLY WITH RESPECT TO THE SERVICES, THEIR USE AND/OR THE USE OF THE SERVICES' RESULTS IN DIFFERENT JURISDICTIONS. THE CUSTOMER ALONE SHALL BE RESPONSIBLE TO ENSURE THAT ANY USE OF THE SERVICE OR OF THE SERVICES' RESULTS SHALL FULLY COMPLY WITH ALL APPLICABLE LOCAL LAWS AND REGULATIONS, INCLUDING WITHOUT LIMITATION LAWS OR REGULATIONS REGARDING THE PROTECTION OF PRIVACY RIGHTS.

23. Disclaimer The materials contained on this web site are provided for general information and entertainment purposes only and do not constitute any form of advice. LiarCard assumes no responsibility for the accuracy of any analysis performed by the LiarCard services and accepts no liability for any loss or damage which may arise from reliance on the results of the service or on the information contained on this site. Links to other web sites may at times be provided for your enjoyment, but LiarCard accepts no responsibility or liability for access to or the material on any web site which is linked from or to this web site. By providing links to other sites, LiarCard does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by LiarCard.

24. Force Majeure LiarCard shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of LiarCard.

25. Indemnity You agree to indemnify, defend and hold LiarCard, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the WebSite or LiarCard's services, or your transactions or communications with third-party vendors initiated via the Website.

26. Arbitration All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

27. Consent to Communications By entering into this agreement, you consent to the receipt of electronic mail ("e-mail") from LiarCard and customer service phone communication. In addition to sending you e-mail notifications as provided for above, LiarCard may also send you e-mails about services and products we believe may be of interest to you. You may opt out of future e-mails about products or services by contacting us by e-mail at support@LiarCard.com. LiarCard reserves the right, however, to continue to contact you regarding important information relating to your account or this agreement.

28. Modifications/Amendments This agreement may be modified or amended by LiarCard at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website under "Terms and Conditions." Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.

29. Trademarks All corporate names, service marks, logos, trade names, trademarks, websites and domain names of LiarCard (collectively "Marks"), including but not limited to "LiarCard," are and shall remain the exclusive property of LiarCard and nothing in this agreement shall grant you the license to use such Marks without the express written permission of LiarCard. LiarCard retains ownership and all rights to the LiarCard name, logo, software, databases, reports, web site, and information. LiarCard reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by LiarCard. However, each individual user has the right to use the LiarCard name on their site to further promote the LiarCard service to the Internet community at large if they so wish. In order to avoid all doubt, LiarCard shall retain all copyright, trademarks, trade names and all other intellectual property rights in the Services and all parts thereof and your use shall be only within the framework of the license granted by this Agreement.

30. Severability If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this agreement will continue in full force and effect.

31. Integration - Entire Agreement This Agreement, together with any written amendments or modifications, constitutes the entire agreement between you and LiarCard with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and LiarCard.

32. Governing Law This Agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, without giving effect to its conflicts of laws principles.