Acceptance of Contract Terms

The following are terms of a legal agreement between you and Dell Computer Corporation ("Dell"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms 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, do not use this Site. The material provided on this Site is protected by law, including but not limited to United States Copyright Law and international treaties. This Site is controlled by Dell and managed by Dell's service provider, Thomson NETg, from offices within the United States. Neither Dell nor Thomson NETg make any 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 this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Texas.

Copyright Notice and Use Restrictions

Dell and LearnDell logos, design, text, graphics, other files, and the selection and arrangement thereof and all other Site material are ALL RIGHTS RESERVED Copyright © 1999 Dell Computer Corporation, except to the extent such material is owned by Thomson NETg.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, 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. You also may not, without Dell's and Thomson NETg's permission, "mirror" any material contained on this Site on any other server. 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. 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.

Privacy

Dell believes strongly in protecting user privacy. You should refer to our Privacy Policy to fully inform yourself on how Dell uses and collects information. In addition, you should always use caution when giving out personally identifying information about yourself or your family in any chat room or discussion group, or otherwise on the Internet.

U.S. Government Restricted Rights

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Dell's proprietary rights in them.

A partial list of U.S. Trademarks owned by Dell follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of Dell should be referred to Dell at U.S. 1-512-728-7835 or -3347. The Trademarks followed by an asterisk (*) are registered trademarks of Dell

BE DIRECT Service Mark

BUSINESSCARE Service Mark

BUSINESSEASE* Registered Service Mark

CONNECTDIRECT Service Mark

CRITICAL CARE* Registered Service Mark

DELL* Registered Trademark

DELL Service Mark (Financial Services)

DELL Service Mark (Credit Card Purposes)

DELL Service Mark (Credit Card Services)

DELL (with stylized E)* Registered Trademark

DELLAUCTION Trademark

DELLAUCTIONS Trademark

DELL DIMENSION* Registered Trademark

DELL DOLLARS Service Mark

DELLGUARD Service Mark

DELL OPENMANAGE Service Mark

DELL PRECISION Trademark

DELL TALK Trademark

DELL THEFT Service Mark

DELLWARE* Registered Service Mark

DELLWARE FACTS LINE* Registered Service Mark

DESKDOCK* Registered Trademark

DIMENSION* Registered Trademark

DIRECTLINE Trademark

E (Slanted E design)* Registered Trademark

EASYCARE Service Mark

EXPRESSCHARGE Trademark

FREEDOM QUEUE Service Mark

GIGABUYS* Registered Service Mark

GIGABUYSAUCTION Trademark

GIGABUYSAUCTION Trademark

GIGAAUCTION Trademark

GIGAUCTION Trademark

GIGABID Trademark

GET A GIGABUY* Registered Service Mark

HYPERCOOL Trademark

IMAGECARE Service Mark

IMAGEWATCH Service Mark

INSPIRON Trademark

LANSOLVE Trademark

LATITUDE* Registered Trademark

OPENLINE* Registered Service Mark

OPENFRAME Trademark

OPTIPLEX* Registered Trademark

POWEREDGE* Registered Trademark

PREMIER ACCESS Service Mark

PREMIER PAGES Service Mark

QUIETKEY* Registered Trademark

RAMRIGHT Trademark

RAPID RESPONSE Service Mark

READYWARE* Registered Service Mark

SAFESITE* Registered Trademark

SELECTCARE* Registered Service Mark

STRIKE ZONE Trademark

THE POWER OF TWO Service Mark

ULTRASCAN* Registered Trademark

LearnDell Service Mark

The following is a partial list of U.S. Trademarks owned by The Thomson Corporation that are used on the Site.

THOMSON, THOMSON NETg, Thomson Learning, NETg,

Licenses and Site Access

Dell grants you a limited license to make personal use only of the Site and the services provided herein. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or Services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods.

You may not use, frame or utilize framing techniques to enclose any Dell or Thomson NETg trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page without express written consent of Dell or Thomson NETg, as applicable. Further, you may not use any meta tags or any other "hidden text" utilizing a Dell or Thomson NETg name, trademark, or product name without the express written consent of Dell or Thomson NETg, as applicable. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Dell or any third party.

Dell and Thomson NETg make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Site, or Web sites linking to this Site. The linked sites are not under the control of Dell or Thomson NETg and Dell and Thomson NETg are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Dell is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Dell of the site or any information contained therein.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Dell, or postings on this Site, are not confidential and shall become the property of Dell. Dell shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Dell, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. Notwithstanding the foregoing, all personal data provided to Dell will be handled in accordance with Dell's Privacy Policy. As described more fully below, you are prohibited from posting or transmitting to or from this 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.

Acceptable Conduct

This Site includes areas for posting of comments and materials by you and other users, including, without limitation, listing information, graphics, and user feedback. All such postings must comply with the Code of Online Conduct. In addition, the Site may include discussion forums or other interactive areas, including user feedback areas, chat rooms or bulletin boards. Forums and other interactive areas shall be used only for non-commercial purposes. Much, if not most or all, of the content found on user feedback areas, chat rooms, bulletin boards and similar areas is provided by other third party users of this Site and not Dell or Thomson NETg. The third party users who post content to such areas, and not Dell or Thomson NETg, are responsible for the content of such postings. Dell and Thomson NETg do not control information delivered to such interactive areas.

No Obligation to Monitor; Enforcement

Dell or its designee has the right, but not the obligation, to monitor any posting, activity and Content associated with the Site, including for the purpose of removing content that is inaccurate or offensive, inappropriate or otherwise violate this Agreement or the LearnDell Code of Online Conduct. Dell or its designee may investigate any complaints or reported violation of Dell's policies and take any appropriate action that either deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, restricting access to and/or removal of posted Content. Dell reserves the right and has absolute discretion, to remove, screen, deny access or edit any Content that violates these provisions or is otherwise objectionable. Dell also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Dell's systems and customers, or to ensure the integrity and operation of Dell or Thomson NETg's business and systems, Dell may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Dell's right to disclose any such information shall govern over any terms of Dell's Privacy Policy.

Third-Party Content & Services

Dell may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Dell does not monitor or have any control over any Third-Party Content or third party Web sites. Dell does not endorse or adopt any Third-Party Content and can make no guarantee as to its accuracy or completeness. Dell does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving the Site, you should be aware that Dell's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. You use these links and Third-Party Content contained therein at your own risk.

Term of Use Revisions

Dell may at any time revise these Terms of Use by updating this posting. 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.

Disclaimer Warranty

THE SITE AND SERVICES ARE OFFERED BY DELL, ITS AGENTS OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, AND DELIVERING THE SITE AND SERVICES (COLLECTIVELY, "DELL'S PROVIDERS") "AS IS" WITHOUT ANY WARRANTY OR CONDITION (EXPRESS OR IMPLIED). DELL AND DELL'S PROVIDERS DO NOT WARRANT THE SERVICE DESCRIBED HEREIN AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. DELL AND DELL'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DELL AND DELL'S PROVIDERS DO NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, DELL DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SITE AND SERVICES PROVIDED HEREUNDER, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

ALTHOUGH THE SITE IS INTENDED TO BE EDUCATIONAL, IN FURTHERANCE OF THE FOREGOING, NEITHER DELL OR ANY THIRD PARTY ASSOCIATED WITH THE SITE MAKES ANY REPRESENTATIONS, WARRANTIES, OR GUARANTIES THAT ANY USER OF THE SITE WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING WITHOUT LIMITATION, THAT THEY WILL MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON OR LINKED TO THE SITE.

Limitation of Liability

IN NO EVENT SHALL DELL AND DELL'S PROVIDERS (AS DEFINED ABOVE) BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES, EVEN IF DELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Applicable Law and Venue

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT RESORT TO ITS CONFLICT OF LAW PROVISIONS. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FILED ONLY IN STATE OR FEDERAL COURT LOCATED IN AUSTIN, TEXAS, AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.

Termination

Notwithstanding any of these terms and conditions, Dell reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.