Terms Of Access
1.
By accessing this web site/interactive facility, the information provided through it or the voice signature technology provided through it (collectively the “Facility”), you agree to these Terms of Access and Use.
2. Unless you paid a fee, the Facility is offered at no charge to you by Voice Signature LLC (the “Company”).
3. The Company gives you non-exclusive permission to access and use the Facility, but only in accordance with these Terms of Access and Use.
4. Implementation details of the Company’s voice signature technology (the “Technology”) are trade secrets of the Company. You agree not to disclose or use those details other than to consider or pursue doing business with the Company.
5. You may not access the Facility, or use or disclose anything from it, for the purpose of (a) assisting an actual or potential competitor or adversary of the Company, or (b) assisting in the creation or improvement of services or technologies that serve as alternatives to the Technology.
6. Violation of these Terms of Access and Use constitutes, among other things, trespass, misappropriation and unauthorized access.
7. The Facility is offered “AS-IS”, without representation, warranty or guarantee. The Company disclaims all liability. The Company gives no legal advice or prediction about the use of the Facility. If you need legal advice, or wish to achieve a legal outcome with a voice signature, you should consult a lawyer.
8. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUCING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. The Company will not be liable and you will have no remedy for any claim of any kind whatsoever concerning use of the Facility, regardless of legal theory, whether contract, tort or strict liability. In no event will the Company be liable to you for any direct, indirect, special, incidental, exemplary or consequential damages of any kind, including but not limited to compensation, reimbursement or damages on account of the loss of time, profits, data, privacy or legal rights.
10. Notwithstanding paragraphs 7, 8 and 9 above, if you paid the Company to access and use the Facility, then the remainder of this paragraph 10 provides your sole and exclusive remedy for any non-performance by the Company or the Facility: If with respect to a given transaction the Facility fails to perform substantially in accordance with its published documentation, then the Company will either refund the price you paid for that transaction or repeat processing of that transaction at no additional charge. The Company’s obligation to refund or repeat in the immediately foregoing sentence applies only if you formally notify the Company in writing of the failure to perform within 90 days after the transaction in question begins.
11. When accessing or using the Facility, a signer signs only the legally meaningful content of a record, document or file, not the record, document or file itself. This is important because in electronic legal transactions, it is the content of a transaction that is most significant, not the particular document or file that may from time to time hold that content.
12. The Facility involves no biometrics, and users do not intend or consent to the use of biometrics in connection with the Facility.
13. When a signer executes a voice signature in connection with the Facility, the signer's signature is not the record of the signer's voice, which is something that can be captured, cut and pasted. Instead, the signer's signature is the entire process of creating a signature code and binding that code with the signer's voice and other things. The intent is to sign with a reliable, complete process and nothing but that process.
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