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Plain-English summary
NVIDIA's terms include significant limitations on your legal rights. You waive the right to a jury trial (risk_flags-1) and cannot participate in class action lawsuits (risk_flags-2). NVIDIA's total liability to you is strictly limited to $100 (risk_flags-3), and they are not responsible for indirect or punitive damages (risk_flags-4). You are also required to indemnify NVIDIA for your use of the site (risk_flags-5). NVIDIA can terminate your access at any time at its sole discretion (risk_flags-6) and can modify its terms without direct notice, with your continued use implying acceptance (risk_flags-8). Additionally, any of your communications on the site are considered non-confidential and are used at your own risk (gotchas-1, gotchas-2).
90% confidence
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Risk Flags
Critical issues and red flags that may indicate significant risk or potential harm to the user. These include one-sided clauses, limitations on user rights, and other practices that could lead to material detriment.
high95% confidence
You waive your right to a jury trial
You and NVIDIA agree to waive the right to a jury trial for disputes.
Why it matters: You agree to give up your right to a jury trial if a dispute arises. This means certain legal disputes will be decided by a judge or arbitrator, not a jury.
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.
Why it matters: You cannot join a class action lawsuit or a class-wide arbitration against NVIDIA. Any dispute must be brought individually, which may limit your ability to seek redress for widespread issues.
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.
NVIDIA's total cumulative aggregate liability for any claims arising out of or related to these terms will not exceed one hundred U.S. dollars (US$100.00).
Why it matters: NVIDIA's total financial responsibility to you for any problems or claims is capped at $100. This could leave you with significant out-of-pocket expenses if you suffer greater damages.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA’S AND ITS AFFILIATES’ TOTAL CUMULATIVE AGGREGATE LIABILITY FOR ANY AND ALL LIABILITIES, OBLIGATIONS OR CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).
Limitation of Liability, paragraph 2 · Citation strength: strong
high95% confidence
NVIDIA is not liable for indirect, punitive, special, incidental or consequential damages
To the maximum extent permitted by applicable law, NVIDIA will not be liable for any indirect, punitive, special, incidental, or consequential damages resulting from your use or inability to use the site.
Why it matters: You cannot claim certain types of damages, such as indirect losses, punitive damages, or lost profits, even if NVIDIA's actions or inactions cause them. This significantly limits the compensation you might receive in a dispute.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NVIDIA OR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE INCLUDING WITHOUT LIMITATION (I) INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (II) DAMAGES FOR THE (A) COST OF PROCURING SUBSTITUTE GOODS OR (B) LOSS OF PROFITS, REVENUES, USE, DATA OR GOODWILL ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NVIDIA
Limitation of Liability, paragraph 1 · Citation strength: strong
high90% confidence
You must indemnify NVIDIA for your use of the site
You will indemnify and hold harmless NVIDIA and its affiliates for any claims or lawsuits arising out of or relating to your violation of these Terms or your use of the Site or Materials.
Why it matters: You are required to protect NVIDIA and its affiliates from any legal claims or costs, including attorney's fees, that result from your violation of the terms or your use of the site. This could lead to significant financial liability for you.
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.
NVIDIA can terminate your access at any time in its sole discretion
NVIDIA may suspend or terminate your access to and use of the Site at any time if NVIDIA determines in its sole discretion that you are in breach of these Terms.
Why it matters: Your access to the Site can be terminated by NVIDIA at any time, without notice, if they determine you have breached the terms. This means you could lose access to the service or any associated content instantly and without appeal.
NVIDIA may suspend or terminate your access to and use of the Site at any time if NVIDIA determines in its sole discretion that you are in breach of these Terms or other terms which may be associated with your use of the Site.
Why it matters: The service is provided without any guarantees or warranties, meaning NVIDIA is not responsible if the service has defects, isn't available, or doesn't work as expected. You bear all risks associated with using the site.
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 can change the terms at any time without notice
NVIDIA may revise these Terms at any time by updating this posting. Visiting the page constitutes acceptance of the current Terms.
Why it matters: NVIDIA can change the terms of service at any time by simply updating the web page. You are responsible for regularly checking the terms, and your continued use implies acceptance, meaning terms can change without direct notification to you.
NVIDIA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you, and any use of the Site constitutes acceptance of the provisions of these Terms.
General, paragraph 1 · Citation strength: strong
Data Use
How your data is collected, processed, and shared. This includes specifics on third-party sharing, advertising, and data retention policies.
Not clearly stated: The policy discusses user communications but does not clearly detail other data collection, use, or sharing practices, especially regarding personal information beyond 'Communications'.
Cancellation and Renewal
Terms related to how you can cancel your service, potential penalties, and automatic renewal processes.
Not clearly stated: The policy does not address cancellation procedures or automatic renewal terms for user services.
Gotchas
Potentially overlooked clauses that could be disadvantageous or restrictive for users.
medium95% confidence
Your communications are considered non-confidential and non-proprietary
Communications you transmit or post to the Site will be considered non-confidential and non-proprietary.
Why it matters: Anything you post or transmit to the site is not protected as confidential or proprietary information. NVIDIA and its designees can use these communications for any commercial or non-commercial purposes without obligation to you.
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. Any Communications are shared voluntarily.
User Submissions, paragraph 1 · Citation strength: strong
medium95% confidence
You are solely responsible for risks associated with your communications
Communications you submit are at your sole risk and may be read, collected, used, or modified by others with access. NVIDIA is not responsible for such Communications, including for your privacy rights, proprietary rights, or legal and regulatory compliance.
Why it matters: You bear all risks related to your submitted communications, including the possibility they may be accessed, used, or modified by others. NVIDIA explicitly states they are not responsible for your privacy rights or proprietary rights regarding these communications.
Communications you submit are at your sole risk and may be read, collected, used, or modified by others with access. NVIDIA is not responsible for such Communications including for your privacy rights, proprietary rights, or 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.
User Submissions, paragraph 3 · Citation strength: strong
Protections
These are the clauses or practices that benefit you as a consumer, promoting your rights, security, or convenience.
Protection95% confidence
Right to opt-out of certain dispute resolution provisions
You may opt-out of the 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, the effective date of the Terms, or any future change to this section.
Why it helps: You have a limited-time opportunity to opt out of the clauses that waive your rights to a jury trial and class action lawsuits. This preserves your right to pursue disputes through traditional court proceedings.
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.