|

Terms of Use

About These Terms of Use
These terms (“Terms”) are a legal agreement between you and Dell Technologies and its direct and indirect subsidiaries (“Dell”). The Terms control your use and access to Dell’s websites and online information (the “Sites” or “Site”). By using Dell’s Sites, you agree to these Terms. Dell may revise these Terms at any time by updating this page. You should revisit this page from time to time to determine what terms govern your use of the Site.

License Disclaimer and Use Restrictions
Nothing on any Dell Site gives you any license under any Dell or third party intellectual property rights. All intellectual property rights in this Site belong to Dell or other parties that licensed their material to Dell. Subject to these Terms, Dell grants you a limited, revocable, nonexclusive right to access and use the Site and the materials and information on the Site (“Dell Content”). This limited license is only for your personal, noncommercial use. You must keep Dell’s proprietary notices on any copies you make of Dell Content. Unauthorized use of Dell Content may violate copyright, trademark, privacy, communications, or other laws. You are responsible to Dell for your unauthorized use of Dell Content. This right terminates automatically if you breach any part of these Terms. Upon termination, you must immediately destroy any Dell Content in your possession or control. Other than as stated above, you must not:

  • change, alter, copy, distribute, republish, download, display, post, or send the Dell Content in any form or by any means without Dell’s or the copyright owner’s prior written permission, unless the Site states otherwise about specific Dell Content;
  • use the Site or Dell Content for any purpose that is unlawful or prohibited by these Terms;
  • use the Site to solicit any activity that is illegal or may infringe upon the rights of others;
  • “mirror” or “frame” any Dell Content on any other device without Dell’s written permission;
  • use the Dell Content to benchmark any Dell Content against any other person’s or entity’s products, services or information; or
  • use the Dell Logo or any other Dell trademark as a "hot" link to any part of the Site unless Dell approves that use in writing.

Copyright Information
Copyright law protects all Dell Content. Please see the following link for more Copyright Information: www.dell.com/learn/us/en/uscorp1/site-terms-of-use-copyright?s=corp

Trademark Information
Please see the following link for Trademark Information:
www.dell.com/learn/us/en/uscorp1/terms-conditions/trademarks-us?s=corp

Privacy
Dell’s Privacy Statement applies to your use of the Site and is part of these Terms. Please review Dell’s Privacy Statement and related information about your privacy and Dell’s use of your information. You acknowledge and agree that you are responsible for:

  • protecting any account and password information applicable to your use of the Site;
  • restricting the use and access to your computer, smartphone, or other device used to access the Site; and
  • any activity that occurs under your account due to your failure to protect such information.

Communicating Electronically
When you use the Site, you are communicating with Dell. You agree to receive electronic communications related to your use of the Site. Dell may communicate with you by email or by posting notices on the Site. You agree that all such communications meet any legal rule that those communications be in writing. Dell may provide notices to you via email or by posts on the Site, and those notices are effective on the date that Dell sends or posts them.

Export
All Dell Content is subject to U.S. export control and economic sanctions laws and regulations and may also be subject to the laws of the country where you reside.

Disclaimers
You agree that you take full responsibility for your use of the Site. Dell provides the Site and all Dell Content on an “as is” and “as available” basis. Specifically, Dell:

  • makes no representation or warranty of any kind;
  • disclaims all warranties, including warranties of merchantability, fitness, accuracy, non-infringement, or operation; and
  • does not guarantee that the Site and Dell Content will be free of errors or defects.

Stock Price Performance Disclaimer
Nothing on our website is indicative of future price performance for any stocks affiliated with Dell.

Limitation of Liability
Dell is not liable under any legal theories (including negligence) for any type of damages, even if Dell knew of the possibility of such damages. Dell is not liable for loss of data or profits arising from your use or inability to use the Site or the Dell Content. If your use of the Dell Content results in the need for servicing, repairing, or correcting any products or data, you will pay for those repairs. Some jurisdictions restrict the exclusion or limitation of certain damages, so this provision may not apply to you.

Indemnification
You agree to indemnify, defend, and hold Dell and its agents, employees, and licensors harmless from and against every third party claim and expense, including reasonable attorneys’ fees, related in any way to your use of the Site or your violation of these Terms.

Miscellaneous

  • These Terms do not create any legal relationship between you and Dell.
  • Dell’s failure to enforce a right does not mean that Dell has waived that right.
  • If a court or other tribunal finds any provision of these Terms unenforceable, Dell will change that provision only to the extent necessary to make it enforceable. Other terms will remain in full force and effect.
  • Any interpretation of these Terms will look at fair meaning, and ambiguities must not be construed for or against any party.
  • Dell may assign its rights under these Terms, but you may not do so.
  • These Terms, together with any other terms that you agree to when using the Site, comprise the entire agreement between Dell and you about your use of this Site.
  • Headings are for reference only.
  • These Terms supersede any prior agreements with Dell about using this Site and its content.
  • Dell’s direct and indirect subsidiaries are third party beneficiaries of these Terms.

Governing Law; Dispute Resolution
You agree that the laws of the state of Texas will govern any claim or dispute relating to these Terms, the Site, Dell Content, your access to and use of the Site, or any combination of these items (the “Dispute”), without regard to Texas conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Travis County, Texas. . Before you or Dell file any lawsuit regarding a Dispute, you and Dell will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Dell will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.

Contact Us
Dell owns this Site. If you have a question or complaint about the Site, please contact us. If you have a question about Dell’s collection or use of personal information, please see Dell’s Privacy Statement or contact [email protected]. California residents may also send complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


rev. 13SEPT2018