Dell TechDirect Portal Access Agreement and Site Terms of Use
To access the Dell TechDirect Portal, you must agree to the terms and conditions set forth below:
1. Use of this Dell TechDirect (“Site”) is subject to these Site Terms of Use (“Terms of Use”) which constitute a legal agreement between you (as defined below) and Dell (the applicable sales entity that sold you your Products and Services that are used with this Site as well as any applicable Licensor under the Dell End User License Agreement, together “Dell”). By using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use. Please review these Terms of Use, and if you do not agree to the Terms of Use, do not use this Site. Please notice that these Terms of Use apply to your use of this Site in general to the extent that you register for any of the capabilities available at the site. These Terms of Use supplement but do not replace any terms and conditions associated with any of the capabilities available in TechDirect. The Terms of Use together with any applicable agreements, including applicable service terms that are mutually agreed between you and Dell, shall constitute the “Agreement.” All capitalized terms not otherwise defined in these Terms of Use will have the meanings attributed to them in the Agreement. These Terms of Use take effect when you click “I accept” or similar button or check box presented to you as part of the sign-up process for TechDirect, whichever is earlier, and will remain in effect during the relevant subscription term for the applicable services that are accessed and/or supplemented by capabilities on the TechDirect Portal, or until terminated as specified in the Agreement. By clicking “I accept” or such similar button, you hereby acknowledge and agree that you and your organization are bound by these Terms of Use, and you are duly authorized to agree to these Terms of Use by your organization. Hereinafter all references to “You” and “Your” herein will apply to both you and your organization, as applicable.
2. The copyright in all material provided on this Site is held by Dell as detailed further at © 2024 Dell Inc.
3. These Terms of Use specifically include your access and/or use of this Site and its related software tools, applications and technologies are subject to, the Dell End User License Agreement.
4. All information contained and communicated via this Site is deemed Dell confidential and is provided to direct and indirect purchaser(s) of the Dell products and services that can be and are accessed and used through the Site (“Customer(s)”) exclusively for internal use. Such Customers include resellers who operate the TechDirect Portal as the authorized service providers to end users who ultimately purchase Dell’s Services and who are authorized by such resellers to access such information on behalf of end users who purchase the applicable products and services from such resellers. Other third parties who act as authorized service providers for Customers who purchase the Services may also access information solely in their capacity as authorized service providers. Dell assumes no responsibility for determining that an authorized service provider who gains access to an end user and Customer’s information is duly authorized to access such information. If you are an authorized service provider who accesses information of a Customer without appropriate authority you are in violation of these Terms of Use and will be subject to the indemnification responsibilities set forth in Section 15 below.
5. You are prohibited from posting or transmitting to or from this Site (i) 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, including any material that may create a risk of harm or any other loss or damage to any person or property, (ii) any material that you do not have a right to upload into the Site, (iii) that constitutes information governed by HIPAA unless you have signed a Business Associate Agreement (as defined by HIPAA) with us, or (iv) is otherwise prohibited as specified in the Agreement.. You must not use the Site (i) in a way prohibited by law or that would cause you or Dell to be out of compliance with applicable law, (ii) to violate any rights of others, (iii) to try to gain unauthorized access to, test the vulnerability of, or disrupt the Site or the applicable services, or any other service, device, data, account, or network, (iv) to distribute spam or malware, (v) in a way that could harm the Site or impair anyone else’s use of it, (vi) in a way intended to work around the Site’s technical limitations, recurring fees calculation, if applicable, or usage limits, or (vii) for workloads or applications used to control or operate activities with a likelihood of injury or death, including but not limited to controlling aircraft or other modes of human mass transportation, nuclear or chemical facilities, life support systems, implantable medical equipment, motor vehicles, weaponry systems, or any similar scenario where failure could lead to personal injury, death, or environmental damage.
6. This site provides each user with the ability to configure and consent to receive notifications generated from the use of certain portions of the TechDirect platform to forward to the contact information that users have provided during account setup. You are responsible for (i) any use of the Site or the Services that occurs under your Login Credentials, (ii) your data, including all text, sound, video or other image files, software or other information (your “Content”), and (iii) your users’ compliance with the Agreement. If you become aware of any user’s or end user’s violation of the Agreement you must promptly suspend that user’s or end user’s access to the applicable service(s) and the Site. If you become aware that any of Your Content, violates Section 5, you must promptly remove that Content. If you believe your account has been compromised, including any unauthorized access to or use or disclosure of any account information, passwords, usernames, or login credentials, you must notify us as soon as possible by submitting a service request. When you visit the Site or send e-mails to Dell, you are communicating with Dell electronically. Dell may respond to you by e-mail or by posting notices on the Site or other Dell websites. You agree that all such notices, disclosures and other communications that Dell provides to you electronically satisfy any legal requirement that such communications be in writing.
8. Dell may at any time update and revise these Terms of Use. By using this 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.
9. Any support or related information provided to you through your use of this Site is provided in accordance with the terms and conditions of the service contract that corresponds to the service(s) listed on your quote, order form or invoice (available at: www.dell.com/servicecontracts/global and delltechnologies.com/en-us/customer-services/product-warranty-and-service-descriptions, as applicable).
10. Dell monitors and collect configuration, performance, and usage data relating to your use of the Site, and, unless you refuse such collection the applicable products and services: (a) to facilitate delivery of the applicable products and services (such as (i) tracking entitlements, (ii) providing support, (iii) monitoring the performance, integrity, and stability of the product’s and/or service’s infrastructure, and (iv) preventing or addressing service or technical issues); (b) to improve our products and services, and your experience; and (c) to offer you additional products, services and guidance to complement your use of certain Dell products and services. The foregoing is provided to you by Dell for informational purposes only. Dell makes no representations nor warranties related to the information set forth in Section 10(c) and any purchase of such additional products, services is done at your sole discretion subject to Dell’s then-current rates. You may use this Site to enable such collection for you and while acting as an administrator for your organization. You must not interfere with that monitoring of the Site, or, if enabled, of the products and services. Dell’s collection and monitoring activities will be performed in accordance with the applicable Dell Privacy Policy and the Dell Data Collection and Use Notice, copies of which are available to you upon request. As an administrator within your organization, or as an authorized service provider, if you are using this Site to initiate such collection and monitoring on behalf of any Customer, you hereby warranty and represent that you are duly authorized to take the necessary steps to initiate such collection and monitoring on behalf of your organization or any such Customer, and you have complied with all applicable laws in connection with the collection and monitoring activities, as applied to you and your organization, and any other applicable Customers. If you have accessed the Site and/or any Customer’s information in order to enable these collection and monitoring activities without due authorization, you acknowledge and agree that you will be subject to the indemnification responsibilities set forth in Section 15 below. If you are acting on behalf of a U.S. Federal Government agency or if Customer has an express written agreement in place stating that no remote support shall be performed for its environment, do not use the Site to enable the telemetry Collector and contact your sales account representative.
11.Dell will not access Your Content except as necessary to provide the services, or if Dell is required by a subpoena, court order, agency action, or any other legal or regulatory requirement to disclose any of Your Content In such event, Dell will provide you with notice and a copy of the demand as soon as practicable, unless we are prohibited from doing so pursuant to applicable law. If you request, Dell will, at your expense, take reasonable steps to contest any required disclosure. Dell will limit the scope of any disclosure to only the information we are required to disclose.
12. You agree to hold strictly confidential any Dell materials and program information that you receive or acquire knowledge of during the course of your access to and use of this Site. Dell makes certain services and product information (the “Confidential Portal Information”) available to you for your benefit, and to assist in maintaining your access to this Site. You agree to carefully restrict access and usage of the Confidential Portal Information, and you are expressly prohibited from disclosing, publishing, copying, reproducing, or transmitting any Confidential Portal Information to any third party in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose. A disclosure of Confidential Portal Information by any means in violation of these Terms of Use undermines the integrity and security of the Site and will subject you to revocation of your access to the Site and other potential actions, such as revoking certification(s).
13. Warranty Disclaimer. Under these Terms of Use, Dell provides neither any warranties for the Site or any Software nor does it provide support for the Site or the Software. Your rights under any warranties and any support entitlements for the service(s) you have purchased or the Software acquired for a fee are solely between You and the Reseller or Dell entity from whom You procured the Software and related support, and are defined under the commercial terms agreed between You and such selling entity. Accordingly, except as otherwise offered by Dell, the Software is provided by Dell under this EULA “As Is” without any warranties or conditions. To the maximum extent permitted by applicable law, Licensor, on behalf of itself and its affiliates and suppliers: (a) makes no express warranties or conditions related to the Software; (b) disclaims all implied warranties and conditions related to the Software, including merchantability, fitness for a particular purpose, title, and non-infringement; and (c) disclaims any warranty or condition arising by statute, operation of law, course of dealing or performance, or usage of trade. Licensor does not warrant uninterrupted or error-free operation of the Software. This Section does not affect or modify any of the statutory warranty rights that are available to consumers.
14. Limitation of Liability. Notwithstanding anything otherwise set forth above, Licensor and its affiliates have no liability for any direct damages resulting from Your use or attempted use of Software or the Site. IN NO EVENT WILL DELL BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US$100.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGHTHE SITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF DELL HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Dell may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Dell’s liability shall be the minimum permitted under such applicable law.
15. Indemnification. You agree to indemnify, defend and hold harmless Dell, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Dell websites or violation of these Terms of Use. Dell reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Dell’s defense of such claim, and in no event may you agree to any settlement affecting Dell without Dell’s written consent.