Terms of Service

Last Modified: February 5, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

These Terms of Service (these "Terms") govern your access to and use of www.nvidia.com, rapids.ai, nventures.ai and jetson-ai-lab.com and other NVIDIA operated websites where these Terms are linked, including any content, functionality, and services offered on or through such websites and/or their copies (collectively, the "Site"). The Site is provided by NVIDIA Corporation ("NVIDIA", "our" or "us") for informational purposes only, and you may use the Site only if you can form a legally binding contract with NVIDIA and only in compliance with these Terms and all applicable laws and regulations. These Terms apply to all persons who access or use the Site.

By accessing or using the Site, or downloading any materials from the Site, you agree to be bound by these Terms and acknowledge that you have read and understood our Privacy Notice. If you do not agree to these Terms or the Privacy Notice, you may not access or use the Site or download any materials from it.

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.

Forward Looking Statements

Information on (or linked to) the Site, other than statements or characterizations of historical fact, may contain forward-looking statements. These forward-looking statements are based on our current expectations, estimates and projections about our industry, management's beliefs and certain assumptions made by us. These forward-looking statements are subject to a number of significant risks and uncertainties and our actual results may differ materially. For a discussion of factors that could affect our future results and business, please refer to our Annual Report on Form 10-K, subsequent Quarterly Reports on Form 10-Q, recent Current Reports on Form 8-K, and other Securities and Exchange Commission filings. NVIDIA undertakes no obligation to revise or update any forward-looking statements.

Trademark Information

© 2024 NVIDIA Corporation. All rights reserved. NVIDIA and the NVIDIA logo are trademarks and/or registered trademarks of NVIDIA Corporation in the U.S. and other countries. Other company and product names may be trademarks of the respective companies with which they are associated.

You may not use NVIDIA's trademarks without NVIDIA’s prior written permission, and nothing in these Terms shall be construed as granting such permission. Fair use of NVIDIA's trademarks in advertising and promotion of NVIDIA products requires proper acknowledgment.

Performance Information

Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of NVIDIA products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance.

Single Copy License

The materials at the Site are subject to copyright and other intellectual property and other proprietary rights of NVIDIA or its licensors and any unauthorized use of any materials at the Site may violate copyright, trademark, and other intellectual property or other rights and applicable laws.

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.

Use of the Site is subject to the following restrictions: you may not: (a) modify the Site or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the Site except and only to the extent permitted by applicable law or 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; (c) remove any copyright or other proprietary notices from the Site; (d) transfer the Site to any other person or entity; (e) use the Site for any purpose that is unlawful or prohibited by these Terms; (f) use any robot, spider, scraper, crawler, data mining tool, data gathering or extraction tool, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information though any means not purposely made available through the Site; (g) take any actions that impose an unreasonable or disproportionately large load on the infrastructure of the Site, or NVIDIA’s systems or networks, or any systems or networks connected to the Site or to NVIDIA; (h) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site; (i) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NVIDIA server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means; or (j) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree to prevent any unauthorized copying of the Site. You agree that a breach of this Section shall constitute a material breach of these Terms.

Ownership of Site

The Site is copyrighted and is protected by worldwide copyright laws and treaty provisions. It may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without NVIDIA's prior written permission. Except as expressly provided herein, NVIDIA and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret or any other intellectual property or proprietary right.

Claims of Copyright Infringement

NVIDIA and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement

Termination

NVIDIA may 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. Upon termination, you will immediately destroy the Materials, and certify to NVIDIA that you have done so.

Disclaimer

THE SITE AND OTHER CONTENT OFFERED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO OR ARISING UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE OF TRADE AND COURSE OF DEALING.  

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.

Disclaimer for Software Products Cited in Blogs

NVIDIA blogs may refer to software products and features in various stages of development or availability. NVIDIA software products and features will be offered if and when available. The information contained in a blog is provided on a non-binding basis, and does not create any guarantee or legal obligation to NVIDIA. The development, release, timing and terms for any software products or features may change for any reason at NVIDIA's sole discretion. NVIDIA will have no liability arising from or in connection with statements contained in a blog.

Limitation of Liability

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 THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND EVEN IF NVIDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A PARTY'S REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NVIDIA’S 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 ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AND/OR LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND/OR LIMITATIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnity

You agree to indemnify and hold harmless NVIDIA, its affiliates, licensors and service providers, and its and their respective 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 attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms.

U.S. Government Restricted Rights

The software and documentation (“Protected Items”) are “Commercial product[s]” or “Commercial service[s]” as those terms are defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in, respectively, 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202 & 252.227-7014(a)(1).  The Protected Items are developed at private expense and provided subject to these Terms.  In no event will the U.S. Government acquire rights in Protected Items beyond those specified in 48 C.F.R. § 52.227-19(b)(1)-(2) or § 252.227-7013(c) except as expressly approved by NVIDIA in writing.

User Submissions

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.

Links to Other Materials

The linked sites are not under the control of NVIDIA and NVIDIA is not responsible for the content of any linked site or any link contained in a linked site. NVIDIA reserves the right to terminate any link or linking program at any time. NVIDIA does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

Governing Law; Dispute Resolution

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Governing Law

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. 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.

If there is a conflict between the English and any non-English versions of these Terms, you and NVIDIA agree that the English version of these Terms will govern to the extent not prohibited by local law in your jurisdiction.

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 in good faith to resolve the Dispute informally. If you have a Dispute, you must first contact NVIDIA and give NVIDIA an opportunity to resolve it by contacting NVIDIA by mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051. Either you or NVIDIA may seek to have a Dispute resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or NVIDIA may seek to have a Dispute resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence at any time before an arbitrator is appointed, and you may also bring a Dispute in small claims court in the Superior Court of California, County of Santa Clara. 

Binding Arbitration

You and NVIDIA agree all Disputes will be resolved by arbitration administered by the office of Judicial Arbitration and Mediation Services (“JAMS”) under its Comprehensive Arbitration Rules and Procedures then in effect for JAMS. If the amount of the Dispute is less than $10,000, then JAMS’ Optional Expedited Arbitration Rules and Procedures will apply. The dispute (including whether the claims asserted are arbitrable) will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. If there is any conflict between this section and any procedural or other rules issued by the administrator, this section will control. Except as required by applicable law or court order, you and NVIDIA agree to maintain confidentiality (and request the arbitrator to maintain confidentiality) of all aspects and outcomes of the arbitration, except a party may disclose information regarding the arbitration to (i) enforce this clause or an arbitration award or (ii) seek provisional remedies from a court of competent jurisdiction. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages greater than the amount, or other than the types, allowed by this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. 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.

If this arbitration provision is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the arbitration provision, which shall remain in force, or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration. Notwithstanding the foregoing, if the Class Action, Representative Action & Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this arbitration provision shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

Class Action, Representative Action & Jury Trial Waiver

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS NVIDIA AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S DISPUTES. YOU AND NVIDIA AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL DISPUTE(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND NVIDIA AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND NVIDIA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Right to Opt-Out

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.

Compliance

This Site is controlled by NVIDIA from its offices within the United States of America. NVIDIA makes no representation that the Site is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. If you choose to access the Site from other locations you do so on your own initiative and are responsible for compliance with all applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.

General

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 terms contained herein. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

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