By registering for an NVIDIA Account, you are indicating that you have read, understand, and agree to be bound by these TERMS OF USE and acknowledge that you are subject to its terms and all other agreements, including the NVIDIA Privacy Policy, in connection with NVIDIA Account. If you do not agree to and accept these TERMS OF USE, do not register for an NVIDIA Account.

NVIDIA may, at its sole discretion, change these TERMS OF USE which shall be effective immediately for all users who register for an account after such change is posted.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

If you don't already have an NVIDIA Account login ID and password, you will be prompted to complete the NVIDIA Account registration process. You agree NVIDIA provides 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 otherwise cannot validate your account to NVIDIA, you acknowledge and agree that your 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 that you will have permanent access to your data or services used with your NVIDIA 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 impose 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, copy, trade or exploit the NVIDIA Account or access thereto or derive income from the use or provision of the NVIDIA Account, whether for direct commercial or monetary 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 understand that NVIDIA is not responsible for the security or privacy of communications 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 device is subject to the terms, conditions, warranties and disclaimers provided by the 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 device to understand your rights and obligations, including what warranties and disclaimers 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 Services may require you to accept additional terms and conditions and may be subject to additional fees. Such Account Services may not be available in all languages or in all countries and availability may change from time to time. NVIDIA does not endorse or assume any responsibility for any third-party Account Services, information, materials, products, or services. If you access a third party website from your NVIDIA Account, you do so at your own risk, and you understand that these TERMS OF USE and NVIDIA’s 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 Services, 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 COUNTRIES. 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 implementing appropriate protections for any Personal Information that our users share 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 Personal Information, at http://www.nvidia.in/object/privacy-policy-in.html, the terms of which are incorporated herein.

DISCLAIMER OF WARRANTIES

YOUR NVIDIA ACCOUNT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR NVIDIA ACCOUNT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NVIDIA, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT YOUR NVIDIA ACCOUNT IS OR WILL BE ABSOLUTELY RELIABLE, SECURE OR ERROR-FREE; THAT YOUR NVIDIA ACCOUNT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS 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 SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR NETWORK OR LOSS OF DATA 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 LEGAL 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 USE OR YOUR NVIDIA ACCOUNT, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR USE ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY, WHETHER BASED ON CONTRACT 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 LIABILITY 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 rights 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 respect to its conflict of laws principles. The United Nations Convention on Contracts 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 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 a our copyrights, trademarks, trade secrets, patents, or other intellectual 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 Clara, California, 95050 and attempt to resolve the dispute with us informally. In the unlikely event that NVIDIA has not been able to resolve a dispute it has with you within 60 days of your original informal claim (or sooner if, in NVIDIA’s opinion, 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 injunctive or other equitable relief) arising out of or in connection with or relating to these TERMS OF USE, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration before an arbitrator from Judicial Mediation and Arbitration Services (“JAMS”) located in Santa Clara County, California under the Optional 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 an initial filing fee of $250.00 (unless you successfully apply for a waiver of this fee from JAMS). All other JAMS costs associated with the arbitration will be borne by the party that loses the arbitration. 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.

Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. If for any reason this agreement to arbitrate is found not to apply to a dispute and as a result a Claim proceeds in court rather than in arbitration, the dispute shall be exclusively 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 attempted transfer or assignment in violation hereof shall be null and void. NVIDIA reserves the right to revoke your NVIDIA Account privileges at any time for any reason.

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 electronically 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"), including 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, modifying 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 enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. If you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you hereby irrevocably waive any claim against NVIDIA and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

These TERMS OF USE, together with any amendments and any additional agreements you may enter into with NVIDIA in connection with your NVIDIA Account, shall constitute the entire agreement between you and NVIDIA concerning your NVIDIA Account. If any provision of these TERMS OF USE is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity 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 unenforceable.

Last updated: October 1, 2014