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Plain-English summary
The terms include a mandatory arbitration clause and waivers for class action lawsuits and jury trials (risk_flags-1, risk_flags-2). NVIDIA's total liability is limited to $100 (risk_flags-3), and users must indemnify NVIDIA for breaches or unauthorized use (risk_flags-4). User-submitted communications are considered non-confidential and can be used by NVIDIA for any purpose (risk_flags-5), and are at the user's sole risk (data_use-1). NVIDIA can terminate access at its discretion and is not obligated to retain user content after termination (cancellation_renewal-1, cancellation_renewal-2). NVIDIA provides its services "as-is" and has no obligation to update site content (gotchas-1, gotchas-2).
85% confidence
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Risk Flags
4 findings
Critical issues that may result in material harm or loss. These are typically one-sided clauses that severely limit user rights or expand companyटोliability beyond usual norms.
high95% confidence
Mandatory Arbitration
The terms contain a binding arbitration clause, requiring users and NVIDIA to resolve disputes through arbitration.
Why it matters: You are required to resolve any disputes with NVIDIA through binding arbitration instead of court proceedings, which can limit your legal options.
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.
Terms of Service, paragraph 3 · Citation strength: strong
high95% confidence
Limited Liability to $100
NVIDIA's total cumulative aggregate liability for any claims arising from the terms will not exceed one hundred U.S. dollars ($100.00).
Why it matters: You are limited to recovering a maximum of $100 in damages from NVIDIA for any claims related to these terms, potentially leaving you responsible for significant losses.
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).
You agree to indemnify and hold NVIDIA harmless from any claims or lawsuits arising out of your violation of the terms or unauthorized use of the site or materials.
Why it matters: You are required to compensate NVIDIA for any claims or lawsuits resulting from your breach of these terms or unauthorized use of the site, which could lead to substantial financial liability.
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.
User Communications submitted to the site are considered non-confidential and non-proprietary, and NVIDIA can use them for any commercial or non-commercial purposes.
Why it matters: Any content you create, store, share, or receive on the site may be used by NVIDIA for any commercial or non-commercial purpose without obligation to you, and it will not be treated as confidential or proprietary.
Through the Site, you may create, store, share, or receive content, including information, text, images, and other communication that you transmit or post to the Site (" Communications "). 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.
How the company collects, uses, shares, and protects user data. This includes details on privacy practices, data retention, and security measures.
medium95% confidence
User Communications at Your Sole Risk
Communications submitted by users are at their sole risk and may be read, collected, used, or modified by others with access.
Why it matters: Any communications you submit are at your sole risk and might be accessed, used, or modified by others, and NVIDIA is not responsible for your privacy rights or compliance.
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: NVIDIA can terminate your access to the site at any time if they decide you've breached the terms, potentially without prior notice, leading to immediate loss of access.
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.
After suspension or termination, NVIDIA has no obligation to retain and may delete or stop providing access to any content associated with the affected Site.
Why it matters: Upon termination, NVIDIA is not required to keep your content and may delete it, which means you could lose access to any data or materials you had on the site.
NVIDIA has no obligation to retain and may delete or otherwise stop providing access to any content that was associated with the affected Site.
Why it matters: NVIDIA provides its services "as-is" without any warranties, meaning they are not responsible if the service does not meet your expectations or has defects.
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.
Clauses that offer explicit benefits or safeguards to the user, such as clear cancellation rights, data control, or strong privacy commitments.
Protection95% confidence
Right to Opt-Out of Dispute Resolution
You have the right to opt-out of the jury trial, class action, arbitration, and collective or consolidated proceeding waiver provision by notifying NVIDIA in writing within 30 days.
Why it helps: You can preserve your right to a jury trial and participation in class action lawsuits by opting out within 30 days of using the site or any future changes, ensuring you retain more legal avenues for dispute resolution.
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.