By using this website or any other website (“Websites”) owned by the Michael & Susan Dell Foundation (“MSDF”) you are accepting the practices described in these terms of use (“Terms of Use”). MSDF reserves the right to modify or amend these terms from time to time without notice. Your continued use of the Websites following the posting of changes to these terms of use will mean you accept those changes.
- These Terms of Use describe the conditions under which visitors (“Users”) may use the Websites. The Websites include, but are not limited to dell.org, msdf.org, dellscholars.org, gradsnapp.com, and dellyoungleaders.org.
- The Websites have been created by MSDF, a United States 501(c)(3) tax-exempt private foundation and Texas non-profit corporation. The Websites and their contents, including, without limitation, all text and images, are owned and/or licensed by MSDF. Reproduction, distribution, republication or retransmission of the Websites material is prohibited without prior written permission. Linking to the Websites is permitted for charitable and/or non-commercial purposes; however, MSDF reserves the right to prohibit linking to the Websites for any reason in its sole discretion.
- All trademarks, service marks and trade names of MSDF or its affiliates, vendors or licensors used herein (including, but not limited to, the MSDF name and the MSDF logo) (collectively “Marks”) are trademarks or registered trademarks of MSDF or its affiliates, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without MSDF’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed, including as a “hot” link.
- No Warranty. The content on the Websites has been prepared by MSDF for general informational purposes only. While reasonable efforts have been made to ensure the information in the Websites is accurate, the information is not guaranteed to be correct, complete or up-to-date. ALL WEBSITES’ INFORMATION IS PROVIDED ON AN “AS-IS, WHERE-IS” BASIS. No warranty is made as to the accuracy of the content on the Websites. MSDF reserves the right to change Websites content, with retroactive effect as designated, to correct any errors or other information that may have been posted.
- Nothing in the Websites (including links to other sites) should be interpreted as promoting, recommending, endorsing, guaranteeing, warranting, or making a referral to any particular organization, program, service, product, entity or provider. All links or references to other websites are provided as a convenience only. Users of the Websites acknowledge that linked or referenced websites are not operated or controlled by MSDF and are governed by the terms of use and privacy policies of the operators of such other websites. Any interactions a User may have with any websites other than the Websites, including, without limitation, uploading or otherwise disclosing personal information to such other websites, is at the sole discretion and control of the User. Linking to the Websites from other websites is permitted for charitable and/or non-commercial purposes; however, MSDF reserves the right upon notice to prohibit linking to the Websites for any reason in its sole discretion.
- Framing Websites. Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without MSDF’s prior written permission is prohibited. Any permitted links to the Websites must comply with all applicable laws, rules and regulations.
- Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Websites for any purpose without MSDF’s express written permission. Additionally, you agree that you will not: (a) take any action that, in MSDF’s sole discretion, imposes, or may impose an unreasonable or disproportionately large load on MSDF’s infrastructure; (b) interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the site; or (c) bypass any measures MSDF may use to prevent or restrict access to the Websites.
- Security of Communications/Information. While MSDF makes reasonable efforts to secure communications over the Websites, which may vary depending on the content of the information transmitted, MSDF does not provide secure transmissions at all times. For example, scholarship application information submitted by the User is transmitted through SSL encrypted communication methods, while other transmissions like general User email questions are not. MSDF also makes reasonable efforts to maintain security measures and tools to protect against the loss or theft of information collected through the Websites. However, no security measures can ensure complete privacy and confidentiality of information, and MSDF cannot guarantee, and makes no warranty regarding, the security of any information transmitted or collected.
- User Actions and User-Provided Information. Users agree that any information provided to MSDF shall be accurate and complete. Users agree not to provide information to MSDF that relates to any individuals or entities without the permission of the individual or entity referenced. Users agree not to use the Websites in any manner that may be infringing, threatening, false, misleading, libelous, defamatory, obscene, or for a commercial/advertising purpose, or in a way that could give rise to any criminal or civil liability. Users agree to comply with all applicable laws and regulations.
- No Users Under 13. The Websites are intended for use by individuals who are 13 years old or older. The Websites are not directed at children, and any individuals who are under 13 years of age should not use the Websites.
- User Feedback. MSDF welcomes feedback about the Websites from Users. Users acknowledge and agree that any feedback, or any other information, provided shall become the sole property of MSDF, and MSDF may use such feedback or information in any manner in its sole discretion.
- Users may receive MSDF announcements via email or other methods based on prior interactions with the Websites. To unsubscribe from such announcements, Users should follow the “unsubscribe” instructions provided in the email sent, or contact [email protected].
- User Assumption of Risk; Release and Indemnification. Users assume all risks related to use of the Websites. Each User agrees to indemnify, defend, and hold MSDF (including its affiliates, officers, directors, members, employees, agents and representatives) harmless from and against any losses, damages, liabilities or costs of any nature related in any manner to the use of the Websites by such User. MSDF shall not be liable to Users or any other parties for any claims for damages, whether direct, indirect, special, consequential, incidental or punitive, based on any cause of action whatsoever relating to use of the Websites by any person or entity.
- Users Who are Governmental Employees or Officials. MSDF welcomes governmental employees and officials to peruse the MSDF Websites. If you choose to contact MSDF for further information, you acknowledge that you are contacting MSDF on behalf of your governmental body/agency to request the input and expertise of MSDF for technical assistance on a specific project.
- Governing Law. These Terms of Use are governed by the laws of the State of Texas, United States of America, without regard to choice of law provisions. The courts located in Austin, Texas, USA, shall have exclusive jurisdiction over any disputes relating to the Websites.
- These Terms of Use may be amended at any time by MSDF in its sole discretion. This Terms of Use constitutes the entire agreement between MSDF and the User relating to use of the Websites.
- Additional Assistance. If you do not understand any of the Terms of Use or if you have any questions or comments, you may contact MSDF at [email protected].
- Acceptance of Terms of Use. YOUR USE AND VIEWING OF THE WEBSITES INDICATES YOUR AFFIRMATIVE AGREEMENT TO THIS TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITES.