Before/after stance changes across captured policy versions, with exact citations. If no before/after delta is available yet, AIRIN shows the latest citation-backed stance events instead.
Latest stance: restricted
“**3.1 License Grant.** You may have the option to download one copy of the software and materials found on the Site ("Materials”) on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by NVIDIA in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title.”Open citation
Latest stance: arbitration or waiver
“**14.3 Binding Arbitration.** For any Disputes that are not resolved informally or by the small claims court, you and NVIDIA each agree to resolve any such Dispute by binding arbitration administered by Judicial Arbitration and Mediation Services (“JAMS”) under the Comprehensive Arbitration Rules and Procedures then in effect, as modified by these Terms (rules available at https://www.jamsadr.com/). To the extent that 20 or more demands for arbitration are filed against NVIDIA by individual claimants represented by either the same law firm or law firms acting in coordination, those claims will be administered under the JAMS Mass Arbitration Procedures and Guidelines and resolved in batches of 100 claimants each (or in a single batch if less than 100 claimants) as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing (if any). Except as otherwise provided in this section, all issues are for the arbitrator to decide, including jurisdictional and arbitrability issues and the formation, existence, validity, interpretation, and scope of this arbitration provision, but a court has exclusive authority to decide the enforceability, validity, interpretation, and scope of the Class Action, Representative Action & Jury Trial Waiver subsection below. The arbitration will be conducted 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 NVIDIA agree otherwise.”Open citation
Latest stance: arbitration or waiver
“You and NVIDIA agree that the parties will arbitrate all Disputes, remedies, and requests for relief subject to individual arbitration first, the arbitrator will only determine issues of liability on the merits of any claim asserted, and the arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and NVIDIA agree that any remaining unresolved Disputes, remedies, or requests for relief may be pursued in court only after the arbitrator’s award has been issued. In any later court proceeding, the arbitrator’s factual findings will not be entitled to deference by the court. Nothing in these terms will prevent a party from seeking injunctive or other equitable relief from the courts in any jurisdiction to prevent the actual or threatened violation of that party’s data security, intellectual property rights, or other proprietary rights. If for any reason this Section 14.3 is unenforceable concerning any Dispute, and a Dispute proceeds in a court of general jurisdiction, the Dispute will be exclusively brought in state or federal court located in Santa Clara County, California.”Open citation
Latest stance: arbitration or waiver
“**14.4 CLASS ACTION, REPRESENTATIVE ACTION, & JURY TRIAL WAIVER.** EXCEPT FOR THE BATCHING PROCEEDINGS DISCUSSED ABOVE, ALL DISPUTES MUST BE BROUGHT BY A PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND NVIDIA AGREE TO WAIVE THE RIGHT TO A JURY TRIAL, PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, ANY COLLECTIVE, CONSOLIDATED, OR OTHER PROCEEDING OR REQUEST FOR RELIEF WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY.”Open citation
Latest stance: arbitration or waiver
“**14.5 RIGHT TO OPT-OUT.** YOU MAY OPT-OUT OF THE FOREGOING JURY TRIAL, CLASS ACTION, ARBITRATION, AND COLLECTIVE OR CONSOLIDATED PROCEEDING WAIVER PROVISION BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF COMMENCEMENT OF USE OF THE SITE, WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THESE TERMS, OR WITHIN 30 DAYS OF ANY FUTURE CHANGE NVIDIA MAY MAKE TO THIS SECTION 14.5. SUCH WRITTEN NOTIFICATION MUST BE SENT BY EMAIL TO LEGALNOTICES@NVIDIA.COM AND BY PHYSICAL MAIL TO NVIDIA CORPORATION, ATTN: LEGAL, 2788 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95051, AND MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) THE REFERENCE TO THE SITE AS THE SERVICE TO WHICH THE NOTICE RELATES, AND (4) A CLEAR STATEMENT INDICATING THAT YOU DO NOT WISH TO RESOLVE DISPUTES THROUGH ARBITRATION AND DEMONSTRATING COMPLIANCE WITH THE 30-DAY TIME LIMIT TO OPT-OUT. ANY OPT-OUT NOTIFICATION THAT DOES NOT COMPLY WITH THESE REQUIREMENTS WILL NOT BE VALID AND YOU WILL BE REQUIRED TO PURSUE YOUR DISPUTE IN ARBITRATION OR SMALL CLAIMS COURT. OPTING OUT OF THIS DISPUTE RESOLUTION PROCEDURE WILL NOT AFFECT THE TERMS AND CONDITIONS OF THESE TERMS, WHICH STILL APPLY TO YOU. IF YOU OPT-OUT OF ANY FUTURE CHANGE NVIDIA MAY MAKE TO THIS SECTION 14.5, THE MOST RECENT VERSION OF SECTION 14.5 BEFORE THE CHANGE YOU REJECTED WILL APPLY.”Open citation
Latest stance: arbitration or waiver
“**14.6 Governing Law.** You and NVIDIA each agree that all Disputes will be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the State of Delaware and the United States, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. Any translation of these Terms is done for local requirements and, if there is a dispute between the English and any non-English versions, you and NVIDIA agree that the English version of these Terms will govern to the extent not prohibited by local law in your jurisdiction.”Open citation
Latest stance: arbitration or waiver
“**14.7 Severability.** If any portion of this arbitration provision is found to be void, invalid, unenforceable, or unlawful for any reason, it will not invalidate the remaining portions of this arbitration provision. However, if the Class Action, Representative Action, & Jury Trial Waiver paragraph of this arbitration provision is found to be void, invalid, unenforceable, or unlawful as to a particular claim or request for relief then that claim or request for relief will be severed from the arbitration. The terms of this arbitration provision will prevail if there is any conflict between the rules of the applicable arbitration administrator and this section.”Open citation
Latest stance: liability limited
“TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THE SITE, MATERIALS, AND OTHER CONTENT OFFERED ON OR THROUGH THE SITE ARE PROVIDED TO YOU ON AN ‘AS-IS’, ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS, AND (B) NVIDIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING UNDER THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE AND COURSE OF DEALING. NVIDIA MAY MAKE CHANGES TO THE SITE, MATERIALS, OR THE CONTENT DESCRIBED THEREIN AT ANY TIME WITHOUT NOTICE BUT MAKES NO COMMITMENT TO (AND HAS NO OBLIGATION TO) UPDATE THE SITE.”Open citation
Latest stance: indemnity
“You will indemnify and hold harmless NVIDIA, its affiliates, licensors and service providers, and its and their officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (“Indemnified Parties”) and, at NVIDIA’s election, defend the Indemnified Parties from and against any claims or lawsuits, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorney’s fees) arising out of or relating to your violation of these Terms or your use of the Site or Materials other than as expressly authorized in these Terms.”Open citation
Latest stance: user retains rights
“**12.4 Communications Representations and Warranties.** You represent and warrant that you own or have sufficient rights to your Communications, that you grant the rights described in these Terms, and that your Communications do not infringe, violate, or misappropriate anyone else’s rights or violate applicable law.”Open citation
Latest stance: arbitration or waiver
“**THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION AND JURY TRIAL WAIVERS. PLEASE READ THE DISPUTE RESOLUTION; GOVERNING LAW IN SECTION 14 CAREFULLY, AS IT REQUIRES YOU AND NVIDIA TO ARBITRATE ANY DISPUTES AND LIMITS HOW YOU AND NVIDIA CAN SEEK RELIEF.**”Open citation
Latest stance: arbitration or waiver
“**14.1 Informal Resolution.** If you or NVIDIA have any dispute, claim or controversy arising out of or relating to the Site or these Terms (“Dispute”), we each agree to work together to resolve the Dispute informally before starting any court proceeding or an arbitration. The party with a Dispute must give the other party written notice of the Dispute. The notice must include: (1) the name, telephone number, mailing address, and email address of the party raising the Dispute; (2) reasonable detail of the claim, including supporting facts; (3) the remedy sought and a good-faith calculation of the amount in controversy, expressed in United States Dollars; and (4) the original signature of the party making a claim. You must send the notice in writing to NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 with a copy of the notice emailed to legalnotices@nvidia.com. You and NVIDIA agree to be available to discuss the Dispute in real-time, either by telephone or video conference, on an individualized basis, upon request made within 28 days of receiving notice. All applicable limitations periods will be tolled during this informal resolution process.”Open citation
Latest stance: restricted
“You may have the option to download one copy of the software and materials found on the Site ("Materials") on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by NVIDIA in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title.”Open citation
Latest stance: arbitration or waiver
“You and NVIDIA agree the arbitration award will be final and binding without appeal or review except as permitted by governing law. The arbitration proceedings will take place in Santa Clara County, California and be conducted in English. You and NVIDIA agree nothing in this section will limit the right of either party to apply for injunctive remedies or an equivalent type of urgent legal relief in any jurisdiction.”Open citation
Latest stance: user retains rights
“Any material, information or other communication you transmit or post to the Site ("Communications") will be considered non-confidential and non-proprietary. You are solely responsible for the Communications, and NVIDIA will have no obligations with respect to the Communications. NVIDIA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in any jurisdiction. Any Communication is shared voluntarily at your sole risk and you understand it can be read, collected, used, and modified by those with access to it and NVIDIA is not responsible for such Communications including (without limitation) your privacy rights, your proprietary rights, or your legal and regulatory compliance. You acknowledge that NVIDIA does not manage or control Communications that you upload, access, store, or distribute through NVIDIA servers, and accepts no responsibility or liability for that information regardless of whether such Communication is transmitted to or by you in breach of these Terms. You represent and warrant that you own or have sufficient rights to submit the Communications and to grant the foregoing rights, and the Communications do not infringe on anyone else’s rights and will not violate any applicable law.”Open citation
Latest stance: platform claims or reserves rights
“All matters relating to the Site or these Terms and any Disputes (as defined below) will be governed in all respects by the laws of the United States and the laws of the State of Delaware, without respect to conflict of laws principles or the United Nations Convention on Contracts for the International Sale of Goods. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, "FAA") governs the interpretation and enforcement of the Binding Arbitration provision below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable law. If the FAA is found to not apply to any issue that arises from or relates to the Binding Arbitration provision, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by the parties. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Santa Clara County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights, as set forth in the Binding Arbitration provision below, including any provisional relief required to prevent irreparable harm.”Open citation
Latest stance: arbitration or waiver
“THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS SET FORTH HEREIN OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS HEREIN, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.”Open citation
Latest stance: arbitration or waiver
“You agree that the Santa Clara County, California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Binding Arbitration provision below is found to be unenforceable.”Open citation
Latest stance: liability limited
“NEITHER NVIDIA NOR ANY PERSON ASSOCIATED WITH NVIDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, ACCURACY, SECURITY, RELIABILITY, QUALITY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER NVIDIA NOR ANYONE ASSOCIATED WITH NVIDIA REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NVIDIA MAY MAKE CHANGES TO SITE OR TO THE PRODUCTS DESCRIBED THEREIN AT ANY TIME WITHOUT NOTICE, BUT MAKES NO COMMITMENT TO (AND HAS NO OBLIGATION TO) UPDATE THE SITE.”Open citation
Latest stance: arbitration or waiver
“You may opt-out of the foregoing jury trial, class action, arbitration, and collective or consolidated proceeding waiver provisions by notifying NVIDIA in writing within 30 days of commencement of use of the Site or within 30 days of any future change NVIDIA may make to the arbitration provisions in these Terms. Such written notification must be sent by mail to NVIDIA Corporation, Attn: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051 and must include (1) your name, (2) your address, (3) the reference to NVIDIA’s website as the service to which the notice relates, and (4) a clear statement indicating that you do not wish to resolve disputes through arbitration and demonstrating compliance with the 30-day time limit to opt-out. Any opt-out notification received after the opt-out deadline or not including the required items noted in (1)-(4) in the preceding sentence will not be valid and you will be required to pursue your Dispute in arbitration or small claims court. Opting out of this dispute resolution procedure will not affect the terms and conditions of these Terms, which still apply to you. If you opt-out of any future change NVIDIA may make to the arbitration provisions in these Terms, the most recent version of such change before the change you rejected will apply.”Open citation
Generated from live stance events. Informational only, not legal advice.
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