Dental Display QA, 7/7/2017

Display QA, LLC (“Display QA," "we," "us," or "our") owns and operates the website located at dentaldisplayqa.com (the "Site"). Please read these Terms of Service carefully. These Terms of Service state the terms and conditions under which you may use our services which are available through the Site (the "Services"). By using the Site, or any Services of Display QA, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and you represent and warrant that you are at least 18 years old. If you are accepting these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the terms and conditions set forth herein. If you do not have such authority, or if you do not agree to any of these terms, then you are not permitted to use the Services. These Terms of Service may be updated by us from time to time without notice to you. If we change any material terms of these Terms of Service, we will message you at the email address(es) registered to your account as well as notify you at your next login to your account. Unless you cancel your subscription upon receiving any of these notifications, continued use of the Services or Site will be deemed acceptance of the updated Terms of Service.

The Services; Display Quality Assurance Testing

Through the Site, we offer quality assurance Services on a subscription basis ("Subscription") to our customers. As part of the Services, Display QA collects and/or receives quality assurance data from our customer’s. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your Quality Assurance Data as reasonably necessary for us to provide the Services.

The features and functionality of the Services available to you will be based on the quality assurance tests you choose. We reserve the right to change, suspend, or discontinue all or any part of the Services and/or the Subscription at any time without prior notice or liability. If we materially change any part of the Services and/or the Subscription we will message you at the email address(es) registered to your account as well as notify you at your next login to your account. The notice will designate a reasonable period of time after which the new terms will take effect.

Any new features that augment or enhance the current Services and/or the Subscription, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the Services after any such changes shall constitute your consent to such changes. You may access your quality assurance data via the Web Application interface and these Terms of Service govern your use of the Web Application. We reserve the right to change, suspend, or discontinue your access to the web application (or any part thereof) without prior notice or liability.

We may, from time to time, require you to install software updates provided by us or by third parties to continue accessing the Services.

Registration

You are welcome to browse the Site as a visitor without providing any information to us. If you would like to use the Services, you will need to register as a user (a "Registered User") by creating an account. During the registration process, you will have to provide either a valid email address and password, or alternatively credentials to authenticate with a third party federated identity provider with whom you have an established account (e.g. Facebook, Google, Microsoft) which will in turn with your permission provide us the email address associated with that account. You will also be asked to provide a unique identifier for your account domain. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password. We reserve the right to delete or change your user name and/or password at any time and for any reason.

Fees

The Services are provided to you completely free without any fees or charges.

Use of Personal Data

Your use of the Site and/or the Services may involve the transmission to us of your personal data ("Personal Data"). Our policies with respect to the collection and use of such Personal Data are governed according to our Privacy Policy (located at https://dentaldisplayqa.com/privacy, which is hereby incorporated by reference in its entirety.

User Generated Content

You may post and/or create content through the Services (hereinafter, "User Generated Content"). We cannot and do not review it all--we may act as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. Remember, once you submit User Generated Content through the Services, including any Personal Data, it may be accessible by other users. You retain all copyrights and other intellectual property rights in and to the User Generated Content. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide the Services.

Community Guidelines

By accessing and/or using the Site or the Services, you hereby agree that:

You will not use the Site or the Services for any unlawful purpose;

You will not upload, post, e-mail, transmit, or otherwise make available any content that:

infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.

You will not "stalk" or otherwise harass another user of the Services; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Services through hacking, password or data mining, or any other means. You will not abuse or send excessively frequent requests to our Services.

Unsolicited Information

By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.

Disclaimer and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES PROVIDE CONNECTORS THAT ALLOW YOU TO INTERACT WITH APPLICATIONS CREATED BY YOU OR ANY THIRD PARTY. DISPLAY QA MAY OR MAY NOT HAVE ANY CONTRACTUAL RELATIONSHIP WITH SUCH THIRD PARTIES AND DISPLAY QA WILL USE COMMERCIALLY REASONABLE EFFORTS TO RESOLVE ANY CONNECTIVITY ISSUES THAT MAY ARISE FROM CHANGES MADE BY SUCH THIRD PARTIES. IN NO EVENT SHALL DISPLAY QA, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “DISPLAY QA PARTIES") BE LIABLE OR RESPONSIBLE FOR ANY BROKEN CONNECTIONS OR CHANGES TO THIRD PARTY APPLICATIONS.

YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, DISPLAY QA INTELLECTUAL PROPERTY, FUNCTIONS AND OTHER MATERIALS, ARE PROVIDED "AS IS" AND "AS AVAILABLE." DISPLAY QA DOES NOT MAKE AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, SECURITY OF HOSTED DATA, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DISPLAY QA SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.

IN NO EVENT SHALL DISPLAY QA BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR SAVINGS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF DISPLAY QA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS DISPLAY QA LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

External Sites

The Site and the Services may contain links to third-party websites ("External Sites"), but Display QA does not endorse and is not responsible for the content of any such External Sites. Please refer to the terms of use and privacy policies of the External Sites for more information.

Indemnification

You agree to defend, indemnify, and hold Display QA harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of these Terms of Service; (ii) your access to, use, or misuse of the Site or the Services; (iii) any User Generated Content provided through your account; and (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance with Applicable Laws

The Site and the Services are based in the United States. We make no claims concerning whether the Site, the Services, or the Display QA Intellectual Property may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services or the Display QA Intellectual Property from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Export Control

You may not use or otherwise export or re-export the Service except as authorized by United States law and the laws of the jurisdiction(s) in which the Service was obtained. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Service, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Service for any purposes prohibited by United States law.

Term and Termination

These Terms of Service shall be effective from the time you begin using the Site, or any Services of Display QA, and shall continue until terminated by either party as set forth herein ("Term").

We may modify these Terms of Service, without penalty or liability, at any time, for any or no reason, upon thirty (30) days written notice to you. We may terminate and/or suspend your registration or your use of the Services immediately if you violate the terms and conditions of these Terms of Service.

Upon the termination of these Terms of Service and/or the termination or cancellation of your Subscription Period: (i) all rights and licenses granted hereunder will immediately cease; (ii) you will immediately cease all use and access of the Services and other materials provided in connection with the Services. YOU AGREE THAT DISPLAY QA WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES IN ACCORDANCE WITH THESE TERMS OF SERVICE.

Copyright Complaints

If you believe the Site contains any content that infringes your copyright, please contact our Copyright Agent, as detailed below, with the following information:

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;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number and email 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; and

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 duly authorized to act on the copyright owner’s behalf.

To contact our Copyright Agent by regular mail, please write to:

Copyright Agent

Display QA, LLC

40 Plaza Way , 8-162

Mountain Home, AR 72653

To contact our Copyright Agent by email, please write to legal@dentaldisplayqa.com, with COPYRIGHT NOTICE in the subject line.

Miscellaneous

In the event that any portion of these Terms of Service is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Service shall remain in full force and effect. This section, the section entitled Display QA Intellectual Property, Indemnification, Disclaimer and Limitation of Liability and Effect of Termination shall survive the termination of these Terms of Service. You may not assign these Terms of Service. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Service. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Arkansas. Except for proceedings commenced by Display QA to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Arkansas. These Terms of Service contain the entire agreement of the parties concerning its subject matter, and supersede all existing agreements and all other oral, written or other communication between the parties concerning the subject matter.