Terms & Conditions

Terms & Conditions

Updated May 11, 2021

Welcome to Dellausa.com! 

Please take a few minutes to review the following Terms of Use (“Terms”). RGE Motor Direct, Inc. (“RGE,” “we” or “us”) provides this and other websites subject to your compliance with these Terms.  These Terms and RGE’s Privacy Policy  govern your use of the Internet website at www.dellausa.com (the “Website”).  

By using the Website, or by disclosing to us personal information, you agree that: (1) you read and understood these Terms, (ii) you accept and agree to be bound by these Terms, and (iii) you accept and agree to abide by all laws and regulations applicable to these Terms.  

If you do not agree to accept these terms, then please do not use the Website, or disclose any personal information through the website.  

MINIMUM AGE REQUIREMENTS:

This Website is not directed to children.  Access to and use of this Website is only for those over the age of 13 (or 16 in the European Union).  If you are younger than this, you may not register for or use this Website.  Any person who registers as a user or provides their personal information to this Website represents that they are 13 years of age or older (or 16 years or older in the European Union).

INTELLECTUAL PROPERTY NOTICE:

Unless otherwise noted, all materials, including, without limitation, images, illustrations, designs, icons, photographs, video clips, written and other materials that appear on the Website or in connection with RGE’s products and services (collectively “Content”) are copyrights, trademarks, trade dresses, design patents and/or other intellectual property (collectively, “Intellectual Property”).  

Virtually every product and every aspect of services RGE provides to its customers are subject to RGE’s Intellectual Property rights.  All worldwide rights, titles and interest in and to such Intellectual Property rights associated with the Content are owned by or licensed to RGE.  You may download and print selected portions of the Content if you: (1) use these copies only for your own personal, non-commercial use; (2) do not copy, store or post the Content on any network or website or transmit the Content in any media whatsoever; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading.  RGE or its licensor reserves all right, title, interest and full intellectual property rights in any Content you download from the Website.  Except as noted above, you may not copy, download, store, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from or otherwise use the Content.

All trademarks appearing on this Website, including Della®, are either registered or common law trademarks owned by or licensed to RGE.  

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license to any patent, trademark or other intellectual property right of RGE or any third party. RGE makes no representations or warranties that any use of the information contained on this Website will not infringe any such patent, trademark or other intellectual property right of RGE or any third party.

Should you view the Website and respond with information (excluding personal information, which is addressed under the Privacy Statement) including, comments, suggestions and questions regarding the content of the Website by contacting us, such information shall be deemed to be non-confidential and RGE shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. RGE shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information. 

RESPONSIBILITY OF VISITORS AND USERS:

Although we take reasonable measures to protect information about you, ultimately, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

If you set up an account on the Website, you are responsible keep the information current.  You will be solely responsible and liable for any activity that occurs under your account.  You are responsible for keeping your account information up-to-date and for keeping your password secure.  You are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our website services.  You shall not share or misuse your access credentials.  You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security.  We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

THIRD PARTIES’ SOFTWARE AND LINKS:

The Website may contain software of third-party service providers and links to third party websites or Internet resources that are not owned or controlled by RGE.  Our provision of software from third parties or links to third party websites or Internet resource is for your convenience only and does not signify our endorsement of such other website or resource or its contents.  RGE shall have no responsibility or liability for any content, information, software, materials or practices of any third party website or internet resource.

DISCLAIMER:

The products and services and all content available on or through the Website are provided on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.  

Therefore, you acknowledge that: (i) your use of the Website and the products and services provided through the Website is at your sole risk; (ii) that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment through which you used the Website and its Contents; and (ii) that RGE shall not be liable for any damages of any kind related to your use of the Website.

INACCURACY DISCLAIMER:

RGE strives for its services, Content, and other materials on the Website to be accurate.  However, from time to time, there may be information available on or through the Website or another website maintained by RGE that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability.  RGE reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order), which may include canceling orders.  No advertisement or product listing is a binding offer of sale.  RGE may, in its sole discretion, cancel any order at any time prior to shipping.  As the actual colors you see will depend on your monitor, we cannot and do not guarantee that your monitor’s display of any color will be accurate.

LIMITATION OF LIABILITY:

You understand that to the extent permitted under applicable law, in no event will RGE or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages (even if such parties were advised of, knew of or should have known of the possibility of such damages), resulting from your use of the Website.

In no event will RGE, or its suppliers, partners, or licensors, be liable with respect the Website under any theories of contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; and (iii) for interruption of use or loss or corruption of data on the Website.  RGE shall have no liability for any failure or delay due to matters beyond their reasonable control.  The foregoing shall not apply to the extent prohibited by applicable law.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless RGE and its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur arising from or relating to your use of the Website (or anyone using your account) or any violation of these Terms.

PRIVACY:

Please read our Privacy Policy.  

MISCELLANEOUS:

These Terms shall be construed and enforced in accordance with the laws of the State of California without regard to any choice of law or conflict of laws principles, regardless of where you live. These Terms, together with any other rules or guidelines posted in connection with our website, constitute the entire and exclusive and final statement of the agreement between you and RGE with respect to the subject matter hereof, and govern your use of the Website, superseding any prior agreements or negotiations between you and RGE with respect to the subject matter hereof. The failure of RGE to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of that provision, and the remainder of these Terms shall continue in full force and effect.

JURISDICTION AND APPLICABLE LAW:

Except to the extent any applicable law provides otherwise, this Terms of Use and any access to the Website or use of our services provided through the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any access to the Website or use of our services provided through the Website will be the federal and state courts located in Los Angeles County, California.

TERMS OF USE CHANGES:

We reserve the right, at our discretion, to change these Terms of Use at any time.  Please check this page and the link to this page from our homepage periodically for changes.  Those changes will go into effect on the date that is updated on the Website.  Updated date will be provided at the top of this page.  The new Terms of Use will apply to all current and past users of the Website and will replace any prior Terms of Use that are inconsistent.