Site Terms of Use

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 Canada 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 agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations, including Canadian and 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 operated by Dell and intended for customers and prospective customers located in Canada. 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. In those instances, tour 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, nonexclusive 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, noncommercial 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.

Copyright Information

The copyright in all material provided on this site (“Site”) is held by Dell or by the original creator of the material. Except as stated herein, none of the material may be 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. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Dell’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

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

The trademarks and logos (the Trademarks) used and displayed on this Site are registered and unregistered trademarks of Dell and others and may not be used without the prior written consent of the trademark owner. Dell’s trademarks should be marked with the “TM” symbol and be accompanied by the attribution statement: “XYZ is a trademark of Dell Inc.” All trademarks should only be used as adjectives (for example, “the Inspiron laptop”), and never as a noun (for example, “the Inspiron”) Any questions concerning the use of these trademarks or any other Dell names, marks or logos should be directed to trademarks@dell.com.

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, representations, and conditions express or implied, including, but not limited to, warranties and conditions of merchantable quality, fitness for a particular use or purpose, accuracy, noninfringement 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.

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.

Our Transmissions

Any material, information or idea you transmit to or post on the Site by any means will be treated as nonconfidential and nonproprietary, 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 (for example, 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 province of Ontario (unless you reside in Quebec, in which case, the laws of the province of Quebec will apply) without regard to conflicts of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located within Toronto, Ontario.

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.

Rev. 03-2014