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Legal Notice

Download a PDF of our Terms of Use
Download a PDF of our Privacy Policy

Terms of Use

Your Acceptance of these Terms of Use

Thank you for visiting the deistermachine.com and sharepoint.deistermachine.com websites (together, the “Site”) of Deister Machine Company, Inc. (“Deister”). By using the Site, you agree to comply with and be bound by all terms, conditions and notices contained or referenced in these Terms of Use and the Privacy Policy, which we also urge you to read. If you do not agree to these Terms of Use, you are prohibited from using the Site. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with these Terms of Use and the Privacy Policy, govern your use of the Site.

Copyrights

You acknowledge that all materials, information, images, products and services (the “Content”) available on this Site, including the selection, coordination, arrangement and enhancement of such Content, as well as Content original to it, are protected by national and international copyright, trademark, patent, trade secret, know-how or other proprietary rights and laws. In many cases, Deister owns the Content. In other cases, Deister has obtained permission from the licensor of the intellectual property to use the Content on this Site. Deister and its licensors retain exclusive ownership and/or rights over all Content viewed or accessed on the Site. You may only use the Site and its Content as expressly permitted in these Terms of Use and for no other purpose.

Trademarks

Unless otherwise indicated, all logos, names, trade dress and marks on the Site or in the Content are trademarks of Deister or used under license by Deister. Other product and company names mentioned on the Site may be trademarks of their respective owners. The unauthorized use of any of these materials is strictly prohibited.

A Limited Right to Use

You agree to use the Site and its Content for lawful purposes and only as expressly permitted in these Terms of Use. Except where otherwise noted, Deister grants you a limited, nonexclusive license to view, download or print individual pages, graphics, forms, documents and other Content from the Site solely for your own personal, noncommercial purpose and not for sale, license, rent, distribution, republication, reproduction, transmission, public display or performance, preparation of derivative works or any other exploitation of the Site’s Content, in whole or in part. You may not retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without Deister’s prior, written authorization. We post copyright, legal and other proprietary notices on the Site’s webpages. The notices or credits must remain intact and must not be removed. Deister may revoke this license at any time. Deister makes no representations or warranties to you that your use of the Content will not infringe the rights of third parties.

Communications

Any communications or material of any kind that you email, post or otherwise transmit through the Site, including all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Your Communications”) will be treated as non-confidential and non-proprietary and may be used by us for any purpose, without your consent or any compensation to you or anyone else. You hereby grant a license to Deister to reproduce, disclose, transmit, publish, broadcast or post Your Communications either on the Site or elsewhere with no liability or obligation to you. Deister and its affiliates, licensors and agents are free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including without limitation developing and marketing products using such information.

You agree that Your Communications: (a) will not be fraudulent; (b) will not infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; © will not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, anti discrimination or false advertising); (d) will not be defamatory, trade libelous, threatening or harassing; (e) will not contain any viruses, “Trojan horses,” worms, time bombs, cancelbots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) will not otherwise violate these Terms of Use.

Deister generally does not pre-screen, monitor, or edit communications transmitted by users or third parties. However, Deister and its agents have the right, at their sole discretion, to remove Your Communications from the Site. Deister is not responsible for any failure or delay in removing such communications.

Employment Information

The job postings and other features of the Site related to employment opportunities may be used only for lawful purposes by individuals seeking employment and career information. Deister does not represent or guarantee the truthfulness, accuracy or reliability of any of the job postings available on the Site. The job postings are for informational purposes only.

Links to Third Party Sites

The Site may contain links to websites operated by third parties (“Third Party Sites”) that are not under Deister’s influence or control. As such, Deister is not responsible for the content of Third Party Sites. We provide links to Third Party Sites only as a courtesy to our visitors, and such links do not imply our endorsement or support of any linked Third Party Site, the content on the Third Party Site, any organization sponsoring or participating on the Third Party Site or any product or service offered through the Third Party Site.

Deister makes no representations and assumes no responsibility whatsoever for any third party content, any content that you may access from a Third Party Site through subsequent links or any content from any website from which you may access this Site. These Terms of Use and the Privacy Policy are only applicable to this Site and do not apply to linked Third Party Sites. Please review the linked Third Party Site’s terms of use and privacy policies, and if you do not agree to be bound by the terms or policies governing the linked site, we recommend that you terminate your visit to the Third Party Site.

Links to the Site

Deister has no objection to links made from Third Party Sites to the Site, provided that such links may only be to the homepage of the Site. You also agree to comply with the following requirements: you may not frame or alter the appearance of the Site; you may not state or imply that Deister endorses, sponsors or otherwise approves of your Third Party Site or any other website; you may not use any Deister trademarks or logos without the prior written consent of Deister; and you must abide by all other Terms of Use set forth herein.

Disclaimer of Warranties

All content included in or available through the Site is provided “as is” and “as available,” and you use this Site and any content you choose to download at your sole risk. The content is provided without warranties of any kind, either expressly or by implication, including WITHOUT LIMITATION warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose or otherwise. Neither Deister nor its employees, officers, agents, consultants, contractors or licensors make any warranty that the content of the Site is accurate, complete, TIMELY, reliable or correct; that the Site, or any linked Third Party Site, will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT shall Deister or its employees, officers, agents, consultants, contractors or licensors be liable to you or any third party for any damages of any kind, including without limitation punitive, exemplary, special, incidental, direct, indirect or consequential damages, INCLUDING without limitation DAMAGES FOR personal injury, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES described therein, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR products, SERVICES OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold Deister and its employees, officers, agents, consultants, contractors and licensors harmless from and against any and all liabilities, claims and expenses, including without limitation attorney fees, that arise from your use of the Site, its Content, or your violation of these Terms of Use. Deister reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

Termination of Service

Deister reserves the right, in its sole discretion, to terminate these Terms of Use and to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. Deister may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database or Content, without prior notice or liability.

International Use

All materials on this Site are prepared solely in accordance with the laws and regulations of the United States and its territories. By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. Deister makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where such activity is illegal is strictly prohibited.

User Registration

To obtain full access to the Site, you may be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms of Use. Transfer of the account by you to any other person or entity is prohibited.

Choice of Law and Remedies

The Terms of Use shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of Indiana, U.S.A., without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Allen County, Indiana, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. In any claim or action between you and Deister with respect to the Terms of Use, the Privacy Policy or the Site, you agree that Deister will be entitled to recover its costs and expenses (including without limitation attorney fees) in addition to any other remedy available at law, in equity or otherwise, if Deister is successful in the prosecution or defense of such claim or action.

Entire Agreement

These Terms of Use and the Privacy Policy, along with other terms and conditions governing use of specific areas of the Site, constitute the entire agreement between you and Deister with respect to the Site and supersede all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. The section headings used in the Terms of Use are for convenience only and shall not be given any legal import. No waiver of any provision of these Terms of Use may be implied from any failure by Deister to assert its rights under these Terms of Use on any occasion or series of occasions.

Changes to the Terms of Use

Deister reserves the right to change the Terms of Use from time to time. We urge you to review the Terms of Use from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Terms of Use will become effective immediately upon being posted on the Site, unless otherwise indicated.

Contact Us

We welcome your comments, questions or concerns. You may contact us at Webmaster@DeisterMachine.com.


Privacy Policy

Effective

This Privacy Policy was last modified on October 13, 2011.

Information Practices

Deister Machine Company, Inc. (“Deister”) understands that security and privacy are important issues for visitors to the deistermachine.com and sharepoint.deistermachine.com websites (together, the “Site”) and recognizes its obligations to keep your information secure and confidential. We maintain the standards set forth in this Privacy Policy to help protect information that personally identifies you. By using the Site, you agree to comply with and be bound by all terms, conditions and notices contained or referenced in this Privacy Policy and the Terms of Use, which we also urge you to read. If you do not agree to this Privacy Policy, you are prohibited from using the Site.

We reserve the right to change this Privacy Policy from time to time. If we make any substantial changes, we will notify you by posting the date of the most recent revisions to the Privacy Policy on this page. We urge you to review the Privacy Policy from time to time, as your continued use of the Site indicates your agreement to the revised terms. Any changes to the Privacy Policy will become effective immediately upon being posted on the Site, unless otherwise indicated. We will always apply the version of the Privacy Policy under which your information was collected, unless we obtain your prior consent.

Collection of Information

You may be asked to voluntarily provide your name, email address, home address, telephone numbers, employment history, skill set or other personally identifiable information (collectively, “Personal Information”) to register or have access to some features of the Site. By using the Site and providing us with your Personal Information, you consent to our use of such information as described in this Privacy Policy. You may always refuse to provide your Personal Information, but this may lead to our inability to provide you with certain products or services.

Deister or its business partners may also collect information that is anonymous, such as the name of the domain and host from which you access the Internet (for example, “aol.com”); the Internet Protocol (“IP”) address of the computer you are using (an IP address is a number that is automatically assigned to your computer by your Internet Service Provider); the browser software you use and your operating system; and the Internet address of the website from which you linked directly to this Site (collectively, “Anonymous Information”), through the use of cookies or by other means. We hope that, by using Anonymous Information, we can update the Site to make it more useful to you and other users. We reserve the right to maintain, update, disclose or otherwise use Anonymous Information without limitation.

Use of Information

Deister may use your Personal Information for the following purposes: to register and administer your account; to administer and improve the Site and related products and services; to evaluate and respond to employment inquiries; to respond to your comments, questions or suggestions; to provide Internet security; and to meet legal requirements. We may work with our business partners who may perform certain functions on our behalf, including without limitation servicing your account; processing registrations; computer software maintenance and development; responding to your inquiries; managing data; hosting the Site; or providing customer service. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose.

Other than for the specific purposes set forth in this Privacy Policy, we will not disclose your Personal Information unless we obtain your prior consent or are legally required to do so. We may use third party advertising companies to place ads on the Site and to place our ads on other websites. These companies may use Anonymous Information about your visits to this and other websites to provide advertisements on the Site and other sites about products and services that may be of interest to you. If Deister is involved in the sale of a substantial portion of its business assets, Anonymous or Personal Information may be among the transferred assets.

Email Communications

When you send an email to Deister, you are communicating with us electronically. You thereby consent to receive communications from us electronically; however, please note that email communications are not necessarily secure and confidential. For instance, it is possible that information transmitted to us via email may be read or obtained by other parties. In an attempt to protect your privacy, our email responses do not include personal account credentials. We recommend that you do not include such information in email communications directed to us. We may communicate with you by postal mail, email or by posting notices on the Site. All agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Cookies

When you visit the Site, Deister or a third party advertiser may store or recognize some information on your computer in the form of a “cookie” or similar file that can help us in many ways. A cookie is a bit of information that is stored on your hard drive that allows the Site to track how you navigate through the Site and areas in which you show interest. Cookies track trends and behaviors but do not extract Personal Information. Cookies help us understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences and tools in the future.

We may use both session and persistent cookies. Session cookies are used to maintain tracking of a user through an application and expire at the end of a web page visit. Persistent cookies do not expire at the end of the session. Persistent cookies are stored on your hard drive and read by your browser each time you visit the Site. Such cookies contain only a numeric session identifier. We use such information in the aggregate to understand which services and resources our visitors prefer and how those services and resources are used. We may share aggregate demographic/statistical information with third parties.

With most Internet browsers or other software, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to your Internet browser instructions to learn more about these functions. If you reject cookies, functionality of the Site may be limited, and you may not be able to take advantage of certain of the Site’s features.

Retention

We retain Personal Information for as long as the information is relevant to our business purposes or until you request that we remove the data by contacting us by email at Webmaster@DeisterMachine.com or postal mail at Deister Machine Company, Inc., P.O. Box 1, Fort Wayne, Indiana 46801, United States of America. After an order is fulfilled, such information is stored and used to respond to any inquiries by you, provide customer service, customize future shopping experiences, respond to any governmental or other inquiries regarding sales or other taxes and for the purposes set forth in this Privacy Policy.

Linking to Third Party Websites

This Site may contain links to websites operated by third parties (“Third Party Sites”). Links to Third Party Sites are provided to you for informational purposes only; once you connect with a Third Party Site by choosing a link, you will no longer be on the Site. The posting of Third Party Sites does not represent Deister’s endorsement or support of any linked organization, programs, services or content included on any Third Party Site. Please review each Third Party Site’s privacy policy, and if you do not agree to be bound by the terms of the policy governing that Third Party Site, terminate your visit to that website. We are not responsible for the privacy policies, practices or content of Third Party Sites. For more information about linking to Third Party Sites, please review our Terms of Use.

Your Opportunity to Opt-out of Email Advertising

In the event you do not wish to receive promotional emails from Deister, follow the opt-out instructions contained within the body of any email message you receive.

Security

Deister has policies and procedures in place to protect the privacy and confidentiality of your Personal Information that it collects and maintains. We have industry standard security programs intended to keep Personal Information stored in systems and servers shielded from unauthorized access. All Personal Information is stored in secure data centers located within the United States. These systems are configured with data encryption or other scrambling technologies and firewalls constructed to industry standards. Any unauthorized use of the Site may result in criminal and/or civil prosecution.

No Guarantee

Deister will use reasonable efforts to safeguard the privacy of your Personal Information; nonetheless transmissions on the Internet cannot be made absolutely secure. Deister assumes no responsibility or liability for disclosure of any of your Personal Information due to errors in transmission, unauthorized third-party access or other causes beyond our reasonable control.

Privacy of Children

Deister encourages parents and guardians to be aware of and participate in their children’s online activities. We strictly adhere to the Children’s Online Privacy Protection Act and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this law.

Your California Privacy Rights

Beginning January 1, 2005, California law permits individuals who are California residents to request once in any calendar year certain information regarding our disclosure of Personal Information to third parties for marketing purposes. To make such a request, please contact us by email at Webmaster@DeisterMachine.com or postal mail at Deister Machine Company, Inc., P.O. Box 1, Fort Wayne, Indiana 46801, United States of America.

Contact Us

If you have any concerns about privacy procedures at this Site or wish to access or modify your Personal Information collected at this Site, please email us at Webmaster@DeisterMachine.com. Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.