Document Language

DeanMark Inc. is often referenced in this document as "DeanMark". DeanMark, DeanMark Inc., http://www.deanmarkinc.com, and all DeanMark Personnel are often referenced as "We" and "Us", regardless of typographical error or capitalization. The bold section titles in this document are solely for convenience and have no legal or contractual effect.

Acceptance Of Terms Of Use

DeanMark Inc. ("DeanMark") maintains this website (the "Site") for your personal use. Your access to and use of any content presented in any and all areas of the Site is subject to the following Terms Of Use ("Terms"). By using this Site, you accept, without limitation or qualification, these Terms. If you do NOT agree to be legally bound by these Terms, please do NOT use this Site.

DeanMark shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms without notice or liability to you. Any changes to these Terms shall be effective immediately following the posting of such changes on this Site. The most current version of the Terms may be accessed by navigating your web browser to http://www.deanmarkinc.com/legal/. These Terms were last modified on January 6, 2012.

Disclaimers

This Site is for informational purposes only. It is provided to you solely for company profile and sample material purposes, and not for purposes of resale or distribution. You may not display, download, archive, cache, reformat, or print any information on this Site for commercial use.

The performance of this Site and all information contained, downloaded, or accessed from this Site are provided to you on an "as-is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose, or non-infringement of the rights of third parties. DeanMark shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this Site.

DeanMark reserves the right, at its sole discretion, to modify, disable access to, or discontinue, temporarily or permanently, any part or all of this Site or any information contained therein without liability or notice to you.

As a visitor to our Site, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall DeanMark, nor any of its data providers, be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this Site, even if DeanMark or such provider has been advised of the possibility of such damages.

Accuracy And Completeness Of Information

While DeanMark strives to ensure that the information contained in this Site is accurate and reliable, DeanMark makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

Confidentiality And Transmissions Over The Internet

The transmission of data or information — including communications by e-mail — over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us — including those which may contain your personal information. In no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

By uploading, posting, or otherwise transmitting through or to our website any content, you grant to us, our successors, and our assignees a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy.

User Conduct And Obligations

You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not upload, post or otherwise transmit through or to this website any content that:

  • Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, discrimiantory, or otherwise objectionable.
  • Might infringe upon the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
  • Contains any viruses, Trojan horses, tracking cookies, adware, keyloggers, time bombs, or any other harmful malware programs or elements.
  • Disrupts, places unreasonable burdens or excessive loads on, or interferes with or attempts to gain unauthorized access to any portion of our Site, its computer systems, servers, or networks.
  • Provides false information about yourself to us, impersonate any other person, or otherwise attempts to mislead others about your identity or the origin of any content, message, or other communication.
  • Transmits junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages.
  • Collects information about other visitors to our website without their consent or otherwise systematically extracts data or data fields, including — but without limitation to — any financial data or e-mail addresses.
  • Sells access to or the use of this Site, including any content contained, downloaded, or accessed from this Site.
  • Redistributes any of our content, including financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method.
  • Intentionally alters the format in which financial data is provided by us or otherwise circumvent our regular interfaces to such data.
  • Embeds or imports any data provided by us into any other web site or service — whether or not web-based, data files or application software, including without limitation html files, JPEG, GIF, and other picture files, Macromedia Flash Player files (.swf), Flash Video Files (.flv), Active Server Pages (ASP), Java Server Pages (JSP), JavaScript (including .js), audio files, or any other file contained on this Site.
Unsolicited Submissions

DeanMark does not accept or consider any creative ideas, suggestions or materials from the public ("Submissions") and therefore, you should not make any Submissions to DeanMark. If you do send us a Submission, despite our request not to do so, then such Submission will be considered non-confidential and non-proprietary and shall immediately become the property of DeanMark, our successors, and our assignees. DeanMark shall exclusively now and hereafter own all rights, title and interest therein. DeanMark will be free to use any Submissions for any purpose whatsoever.

Indemnification

You agree to indemnify, defend, and hold us and our affiliates, vendors, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, demand, damage, or expense — including, but not limited to reasonable legal fees — asserted by any third party relating in any way to your use of this website in breach of these Terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content, Products, And Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of:

  • The organizations that operate such websites;
  • The content, Privacy Policies or other Terms Of Service or Terms Of Use on such websites;
  • Or such third party products and services.

We have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing. You further acknowledge and agree that the foregoing shall be used at your own risk.

Cautionary Language Regarding Forward-Looking Statements

This Site may contain statements, estimates, or projections that constitute "forward-looking statements" as defined under U.S. Federal Securities laws. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans, and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. Actual results and performance may be significantly different from DeanMark's historical experience and our present expectations or projections. DeanMark undertakes no obligation to publicly update or revise any forward-looking statements.

Proprietary Rights: Trademarks And Copyrights

DeanMark, the stylized DeanMark logo, the DeanMark service mark, and any other identifying marks (collectively the "Marks") are and shall remain the trademarks and trade names and exclusive property of DeanMark Inc., and any unauthorized use of these marks is unlawful. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without written permission of DeanMark. Any rights not expressly granted to you in writing are reserved by DeanMark. Other trademarks on this Site are the property of their respective owners.

All content on this Site, including — but without limitation to — all programs, complied binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of DeanMark and is protected by domestic and international copyright law. Unless otherwise noted, the graphic images, buttons and text contained in this Site are the exclusive property of DeanMark. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of DeanMark.The content on this Site may be used by you only for sample viewing as provided for in these Terms, but may not be taken out of context or presented in a misleading or discriminatory manner.

Notice Of Copyright Infringement

Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement. If you believe that your work has been reproduced on this Site in a manner that constitutes copyright infringement, please provide a notice of copyright infringement containing all of the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
  • The address, telephone number, and e-mail address of the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

All notices of copyright infringement should be sent to one or both of the following:

Please note: DeanMark is committed to establishing its services in as many languages as possible. However, DeanMark is based in the United States, and its personnel are English-speaking. We apologize, but in most cases DeanMark can only correspond in the English language. DeanMark shall, however, make a reasonable attempt to interpret and act on all communications professionally translated to the English language. Any costs incurred for translation services shall be the sole responsibility of you and DeanMark shall not, under any circumstances, reimburse you. If sending professionally translated documents, you must include, for our records, a copy of the document as written in the original language.

Jurisdiction

DeanMark maintains and operates this Site from its office in Pennsylvania, United States of America. These Terms are governed, interpreted, and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America. By using this Site, you consent to the jurisdiction of the courts located in Pennsylvania for any action arising from these Terms. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises.

Severability

If any provision of these Terms is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms shall continue in full force and effect. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision of these Terms.

General

You agree that these Terms, and other notices posted on this Site have been drawn up in the English language. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the forgoing documents and any other translations thereto, the English language version of such documents shall govern.

Questions, concerns, claims: legal@deanmarkinc.com