NVIDIA Early Access Terms of Use

By signing up for the Early Access, 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 the Early Access. If you do not agree to and accept these TERMS OF USE, do not sign up for the Early Access waitlist.

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.

RESTRICTIONS ON USE

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 the email that you have provided.

Any required or optional equipment or third party plug-in applications that you use to access your email, 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.

PRIVACY

NVIDIA respects your privacy 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, if any, at https://www.nvidia.com/en-us/about-nvidia/privacy-policy/, the terms of which are incorporated herein.

DISCLAIMER OF WARRANTIES

YOUR EARLY ACCESS IS PROVIDED ON AN AS AVAILABLE BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EARLY ACCESS 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 EARLY ACCESS IS OR WILL BE ABSOLUTELY RELIABLE, SECURE OR ERROR-FREE; THAT YOUR EARLY ACCESS  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 EARLY ACCESS 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 EARLY ACCESS.

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 EARLY ACCESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR USE ARISING OUT OF OR IN CONNECTION WITH THE EARLY ACCESS, 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 TERMS OF USE in the English language. These TERMS OF USE and all disputes that may arise from it arise out of your Early Access 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

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 Early Access privileges at any time for any reason.

By signing up for the Early Access waitlist, you consent to receive email notifications and communications in relation to your Early Access, including, but not limited to, start date, program details, and renewal information. 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 via email, 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 Early Access, 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 Early Access shall constitute the entire agreement between you and NVIDIA concerning your Early Access. 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: January 4, 2017