Revised: Jan 31, 2012

  1. Introduction. This Website Terms of Use & Privacy Policy (“Terms of Use”) describes the conditions under which users (“Users”) of the websites (“Websites”) owned and operated by the Michael & Susan Dell Foundation (“MSDF”) may use the Websites. The Websites include, but are not limited to, www.msdf.org, www.dellscholars.org, www.scholarsnapp.org, www.ed-fi.org, www.bewellwalk.org, and 2010givingreport.msdf.org.
  2. Content. The Websites have been created by MSDF, a 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 any Websites material is prohibited unless the prior written permission of MSDF has been obtained. 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.
  3. 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 Website content as needed, with retroactive effect as designated, to correct any errors or other information that may have been posted.
  4. Linking. Nothing in the Websites (including links to other sites) should be interpreted as promoting, referring, recommending, endorsing, guaranteeing, or warranting, 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 in 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.
  5. Collection of Non-Personalized User Data. MSDF may collect general, non-personally identifiable information regarding usage and Users of the Websites, including, without limitation, the name of the domain of each User, the IP protocol number of each User, and the date and time each web page was visited. Some pages may use cookies to maintain sessions or to automate navigation. A cookie is a small text file that the MSDF web server places on a User’s computer hard drive to be a unique identifier of that computer. Cookies enable MSDF to track usage patterns and other statistics, but do not collect personally identifiable information. MSDF may use usage tracking and clickstream tracking to track all Users with cookies enabled. MSDF cookies may not expire. Any Users wishing to utilize the Websites but not want data about their activity collected can disable cookies on their computers prior to interacting with the site. Disabling cookies may limit the functionality of the User experience with the Websites.
  6. Collection of Personally Identifiable Information. MSDF may collect personally identifiable information via the Websites from Users who voluntarily provide such information. Personally identifiable information will not be collected by any method that does not involve an affirmative action on the part of the User to submit such information to MSDF. Examples of situations in which the Websites may collect personally identifiable information include, but are not limited to: email addresses of Users who send email to MSDF; mailing addresses of Users who sign up for notification of upcoming events; content of on-line grant application submissions; content of on-line scholarship application submissions; and information submitted by scholarship providers related to licensing of the ScholarSnappTM solution and logos. Users acknowledge and agree that MSDF may use such information in any manner reasonably related to its charitable purpose. Such charitable purpose may include disclosure of personally identifiable information to MSDF’s employees and third party contractors working on behalf of MSDF in support of MSDF’s administrative functions.
  7. No Selling of Information. MSDF will not sell any non-personalized user data or personally identifiable information to any other party.
  8. 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 transactions 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.
  9. Compliance with Law. MSDF will fully cooperate with any law enforcement authorities and comply with any court orders requesting MSDF to disclose personally identifiable or other information requested by such authorities.
  10. 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 (other than themselves) 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, for a commercial/advertising purpose, threatening, false, misleading, libelous, defamatory, obscene, or give rise to any criminal or civil liability. Users agree to comply with all applicable laws and regulations relating to User’s use of the Websites.
  11. 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.
  12. 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.
  13. Unsubscribing. Users may receive MSDF announcements via email or other methods based on prior interactions Users may have had with the Websites. To unsubscribe to such announcements, Users should follow the “unsubscribe” instructions provided in the email sent, or contact Communications@msdf.org.
  14. 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.
  15. 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.
  16. 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.
  17. Amendment. 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.
  18. 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.