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2. The copyright in all material provided on this Site is held by Dell as detailed further at © 2021 Dell Inc.
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.
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).
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.
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.