NVIDIA ACCOUNT TERMS OF USE

By registering for an NVIDIA Account, you are indicating that you have read, und
erstand, and agree to be bound by these TERMS OF USE and acknowledge that you ar
e subject to its terms and all other agreements, including the NVIDIA Privacy Po
licy, in connection with NVIDIA Account. If you do not agree to and accept thes
e TERMS OF USE, do not register for an NVIDIA Account.
NVIDIA may, at its sole discretion, change these TERMS OF USE which shall be eff
ective immediately for all users who register for an account after such change i
s posted.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If you don't already have an NVIDIA Account login ID and password, you will be p
rompted to complete the NVIDIA Account registration process. You agree NVIDIA p
rovides you only with the right to access your account in accordance with these
TERMS OF USE and any applicable rules. If you violate these TERMS OF USE, or ot
herwise cannot validate your account to NVIDIA, you acknowledge and agree that y
our account may be permanently inaccessible to you and that all data or services
associated with the account may not be retrievable. NVIDIA does not guarantee t
hat you will have permanent access to your data or services used with your NVIDI
A Account, or that it will provide copies to you in the event data is deleted or
lost. NVIDIA encourages you to properly back up your data. NVIDIA may also im
pose limits on certain features and Account Services (defined below) or restrict
your access to parts or all of the Account Services or other NVIDIA services or
web sites without notice or liability.
RESTRICTIONS ON USE
YOU MAY NOT and will not allow any third party to (except to the extent required
by local law):
* Obtain or attempt to obtain unauthorized access to the NVIDIA Account;
* Use the NVIDIA Account in any unlawful manner, for any unlawful purpose, or in
any manner inconsistent with these TERMS OF USE; or
* Sell, lease, loan, distribute, transfer, sublicense, reproduce, duplicate, cop
y, trade or exploit the NVIDIA Account or access thereto or derive income from t
he use or provision of the NVIDIA Account, whether for direct commercial or mone
tary gain or otherwise, without NVIDIA's prior, express and written permission.
Except as provided in the NVIDIA Privacy Policy and these TERMS OF USE, You unde
rstand that NVIDIA is not responsible for the security or privacy of communicati
ons sent via your NVIDIA Account.
Any required or optional equipment or third party plug-in applications that you
use to access your NVIDIA Account, including your computer, mobile or other devi
ce is subject to the terms, conditions, warranties and disclaimers provided by t
he manufacturer of such computer or other device, and NVIDIA makes no warranties
or representations whatsoever regarding such computer or other device. Please
refer to the materials you received when you purchased the computer or other dev
ice to understand your rights and obligations, including what warranties and dis
claimers apply to you.
ACCOUNT SERVICES
From your NVIDIA Account, You may have access to certain software, services and/
or content from NVIDIA or third parties (Account Services). Use of the Account Serv
ices may require you to accept additional terms and conditions and may be subjec
t to additional fees. Such Account Services may not be available in all languag
es or in all countries and availability may change from time to time. NVIDIA do
es not endorse or assume any responsibility for any third-party Account Services
, information, materials, products, or services. If you access a third party we
bsite from your NVIDIA Account, you do so at your own risk, and you understand t
hat these TERMS OF USE and NVIDIAs Privacy Policy do not necessarily apply to your
use of such sites. You expressly release, indemnify, and hold NVIDIA harmless
from any and all liability arising from your use of any third-party Account Serv
ices, website, or other associated materials. THIRD PARTY ACCOUNT SERVICES ARE
OWNED OR OPERATED BY THIRD PARTIES THAT MAY NOT BE RELATED TO WITH OR SPONSORED
BY NVIDIA AND MAY NOT BE AUTHORIZED FOR USE WITH YOUR NVIDIA ACCOUNT IN ALL COUN
TRIES. USE OF THIRD PARTY ACCOUNT SERVICES IS AT YOUR OWN OPTION AND RISK.
PRIVACY
NVIDIA respects the privacy of all NVIDIA Account holders and is committed to im
plementing appropriate protections for any Personal Information that our users s
hare with us. Please review NVIDIA's Online Privacy Policy, which set forth our
policies and procedures regarding our collection, use, and/or sharing of your P
ersonal Information, at http://www.nvidia.com/object/privacy_policy.html, the te
rms of which are incorporated herein.
DISCLAIMER OF WARRANTIES
YOUR NVIDIA ACCOUNT IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TO THE MAXIMUM
NT PERMITTED BY APPLICABLE LAW, YOUR NVIDIA ACCOUNT IS PROVIDED WITHOUT WARRANTI
ES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLI
ED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NO
N-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NVIDIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND IT
S LICENSORS DO NOT WARRANT THAT YOUR NVIDIA ACCOUNT IS OR WILL BE ABSOLUTELY REL
IABLE, SECURE OR ERROR-FREE; THAT YOUR NVIDIA ACCOUNT WILL BE AVAILABLE AT ANY P
ARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRO
RS WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF YOUR NVIDIA ACCOUNT ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLEL
Y RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR NETWORK OR LOSS OF DA
TA THAT RESULTS FROM YOUR USE OF YOUR NVIDIA ACCOUNT.
SOME STATES AND REGIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVES YOU SPECIFIC L
EGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM REGION TO REGION
. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE
EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NVIDIA BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY NATURE ARISING UNDER THESE TERMS OF U
SE OR YOUR NVIDIA ACCOUNT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR USE AR
ISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY, WHETHER BASED ON CONTR
ACT OR TORT, INCLUDING NEGLIGENCE, OR ANY OTHER LEGAL THEORY, EVEN IF NVIDIA HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NVIDIA'S TOTAL AGGREGATE LIAB
ILITY FOR DAMAGES OF ANY NATURE, REGARDLESS OF FORM OF ACTION, SHALL IN NO EVENT
EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100). SOME STATES AND JURISDICTIONS DO
NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES
, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
GOVERNING LAW AND YOUR RIGHTS
These TERMS OF USE gives you specific legal rights. You may also have other righ
ts which vary from state to state, and jurisdiction to jurisdiction. You hereby
agree to all terms of this warranty in the English language. These TERMS OF USE
and all disputes that may arise from it arise out of use of your NVIDIA Account
in interstate commerce and shall be governed by the Federal Arbitration Act, in
addition to the internal substantive laws of the State of Delaware, without resp
ect to its conflict of laws principles. The United Nations Convention on Contra
cts for the International Sale of Goods shall not apply to this Agreement. You
agree to submit to the personal jurisdiction of the federal and state courts loc
ated in Santa Clara County, California for any actions for which we retain the r
ight to seek injunctive or other equitable relief in a court of competent jurisd
iction to prevent the actual or threatened infringement, misappropriation or vio
lation of a our copyrights, trademarks, trade secrets, patents, or other intelle
ctual property or proprietary rights, as set forth in the Arbitration provision
below.
BINDING ARBITRATION
Arbitration. For any dispute with NVIDIA, you agree to first contact us at by U
.S. Mail at NVIDIA Corporation, ATTN: Legal, 2701 San Tomas Expressway, Santa Cl
ara, California, 95050 and attempt to resolve the dispute with us informally. I
n the unlikely event that NVIDIA has not been able to resolve a dispute it has w
ith you within 60 days of your original informal claim (or sooner if, in NVIDIAs o
pinion, a dispute is not likely to be resolved within 60 days), we each agree to
resolve any claim, dispute, or controversy (excluding any NVIDIA claims for inj
unctive or other equitable relief) arising out of or in connection with or relat
ing to these TERMS OF USE, or the breach or alleged breach thereof (collectively
, Claims), by binding arbitration before an arbitrator from Judicial Mediation and A
rbitration Services (JAMS) located in Santa Clara County, California under the Optio
nal Expedited Arbitration Procedures then in effect for JAMS, except as provided
herein. JAMS may be contacted at www.jamsadr.com and will require you to pay a
n initial filing fee of $250.00 (unless you successfully apply for a waiver of t
his fee from JAMS). All other JAMS costs associated with the arbitration will b
e borne by the party that loses the arbitration. The arbitration will be conduc
ted in Santa Clara County, California (or the nearest JAMS Office to Santa Clara
County), unless you request an in-person hearing in your hometown or you and NV
IDIA agree otherwise.
Nothing in this Section shall prevent either party from seeking injunctive or ot
her equitable relief from the courts as necessary to prevent the actual or threa
tened infringement, misappropriation, or violation of that partys data security, I
ntellectual Property Rights, or other proprietary rights. If for any reason thi
s agreement to arbitrate is found not to apply to a dispute and as a result a Cl
aim proceeds in court rather than in arbitration, the dispute shall be exclusive
ly brought in state or federal court in Santa Clara County, California.
GENERAL
These TERMS OF USE, and any rights granted hereunder, may not be transferred or
assigned by you, but may be assigned by NVIDIA without restriction. Any attempt
ed transfer or assignment in violation hereof shall be null and void.
If NVIDIA needs to contact you about your NVIDIA Account, you consent to receive
the notices by email. You agree that any such notices that we send you electron
ically will satisfy any legal communication requirements. NVIDIA is free to use
any comments, information, ideas, concepts, reviews, or techniques or any other
material contained in any communication you may send to us ("Feedback"), includ
ing responses to questionnaires or through postings through your NVIDIA Account,
including the NVIDIA website and user interfaces, without further compensation,
acknowledgement or payment to you for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products and creating, modi
fying or improving the your NVIDIA Account, and you hereby assign to NVIDIA any
and all rights in any Feedback you provide. In addition, you agree not to enfor
ce any "moral rights" in and to the Feedback, to the extent permitted by applica
ble law. If you send any unsolicited materials or ideas, you do so with the un
derstanding that no additional consideration of any sort will be provided to you
, and you hereby irrevocably waive any claim against NVIDIA and its affiliates r
egarding the use of such materials and ideas, even if material or an idea is use
d that is substantially similar to the material or idea you sent.
These TERMS OF USE, together with any amendments and any additional agreements y
ou may enter into with NVIDIA in connection with your NVIDIA Account, shall cons
titute the entire agreement between you and NVIDIA concerning your NVIDIA Accoun
t. If any provision of these TERMS OF USE is deemed invalid by a court of compe
tent jurisdiction, the invalidity of such provision shall not affect the validit
y of the remaining provisions of these TERMS OF USE, which shall remain in full
force and effect, except that in the event of unenforceability of the universal
Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenfo
rceable.
Last updated: June 3, 2014