Application and Acceptance of Terms
The following terms and conditions of use (these "Terms of Use") are terms of a legal agreement between you and Dell Inc. ("Dell") and govern the terms and conditions of your use of and access to Dell's websites and online information. By accessing, browsing and/or using this site and associated websites, online properties and links (collectively, the "Site"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms of Use, do not use the Site.
The Site is controlled and operated by Dell or its subsidiaries or affiliates from its offices within the United States. Dell makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Terms of Purchase and Sale
These Terms of Use govern your access to and use of the Site. Additional terms and conditions may apply to your purchase of Dell products or services and to certain provisions or pages of the Site as noted therein. You acknowledge and agree that your rights and responsibilities will be governed by such other terms and conditions as provided in the applicable purchase agreements. In the event there is a conflict between these Terms of Use and the terms provided in an applicable purchase agreement for any product or service offered through the Site, the terms of such purchase agreement shall govern.
License and Use Restrictions
Except as otherwise provided on the Site, all rights, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in this Site belong to Dell or another party that has licensed their material to Dell. Except as expressly provided above, nothing on the Site shall be construed as conferring any license or right under copyright, trademark, or other intellectual property rights. Subject to these Terms of Use, Dell grants to you a limited, non-exclusive right to access and make personal use of the Site and the materials and information contained on the Site. Except as stated herein, none of the material or information on the Site may be modified, altered, copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Dell or the copyright owner. You may not use the Site or any of the material or information contained on the Site for any unlawful purpose or any purpose prohibited by these Terms of Use, nor may you use the Site to solicit any illegal activity or any activity that may infringe upon the rights of others. You also may not, without Dell's permission, "mirror" any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Subject to these Terms of Use, you may copy, distribute and download the materials on the Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials.
U.S. Government Restricted Rights
In addition to the restrictions on use provided above, the materials on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by any federal, state, or local government or authority is subject to further restrictions as set forth in applicable laws and regulations. Use of the materials by such government or authority constitutes acknowledgment of Dell's proprietary rights in them.
Copyright Information
The materials and information contained on the Site, including, but not limited to, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data and compilations, belong to Dell or the original creator and is protected by applicable law, including, but not limited to, United States and international copyright law and regulations.
Patent Information
Technologies and processes embodied in and used by the Site - including aspects of Dell's online ordering processes, product configurators, and Premier accounts - are covered by one or more Dell U.S. patents listed at
www.dell.com/patents and by other patents pending. Dell Inc. is licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,128,984; 5,561,707; 5,684,863; 5,815,551; 5,828,734; 5,917,893; 5,898,762; 5,974,120; and others.
Trademark Information
A partial list of trademarks owned by Dell is located
here .
Disclaimers
The Site and all information and material contained on the Site or made available through the Site are provided on an "as is" and "as available" basis. Dell makes no representation or warranty of any kind whatsoever and disclaims all warranties and representations, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, accuracy, non-infringement or operation. Dell does not guarantee the Site and the material and information contained on the Site will be without error or defect. You agree that you take full responsibility for your use of the Site.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DELL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, EVEN IF DELL OR A DELL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Dell and its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys' fees, brought by a third party arising out of or related in any way to your use of the Site, violation of these Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.
Privacy
Dell's Privacy Policy will apply to your use of the Site. The terms of Dell's Privacy Policy are made a part of these terms; please review Dell's Privacy Policy and related information about your privacy and Dell's use of your information by clicking on the links on the left side of this page. You acknowledge and agree that you are responsible at all times for maintaining the confidentiality and protection of your account and password information if such information is applicable to your use of the Site. You are also responsible for adequately restricting the use and access to your computer, smart phone, or other device used to access the Site and all activity that occurs under your account due to your failure to protect such information.
Our Transmissions
Any material, information or idea you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Dell or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Dell may monitor, record or otherwise capture and maintain a record of your site session for quality control or other purposes. Notwithstanding the foregoing, all personal data provided to or captured by Dell online will be handled in accordance with Dell's Privacy Policy. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Hyperlink Disclaimers
As a convenience to you, the Site may provide links to other websites operated by other entities (collectively, the "Linked Sites"). If you use any Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled or otherwise governed by Dell. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by Dell. Dell does not endorse or make any representation regarding or warrant any information, goods and/or services appearing or offered on any Linked Site. Links do not imply that Dell or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the Linked Sites, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Dell or any of its affiliates or subsidiaries. Dell is neither responsible for nor will it be liable under any theory based upon any Linked Site, any information or content found on any Linked Site, or any site linked to or from any Linked Site.
Governing Law
You agree that any claim relating to the Site and the materials contained on the Site and related to your access and use of the Site will be governed by the laws of the state of Texas without regard to Texas's conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Travis County, Texas.
Term of Use Revisions
Dell may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.
