NVIDIA Terms of Service

Previously, if your dispute was worth less than $10,000, you got a faster and less costly arbitration process. That option has been removed, meaning small disputes now go through the same, more involved arbitration process as larger ones.

“If the amount of the Dispute is less than $10,000, then JAMS' Optional Expedited Arbitration Rules and Procedures will apply.”

NVIDIA's power to cut off your access has been widened to include suspension, not just termination. It also now says it has no obligation to keep any content tied to your account and can delete it or stop giving you access to it.

“NVIDIA has no obligation to retain and may delete or otherwise stop providing access to any content that was associated with the affected Site.”

What you can do — Keep your own backups of anything important you've stored or shared through the Site.

Previously, only NVIDIA's total liability to you was capped at $100. Now NVIDIA and all of its affiliated companies combined are limited to that same $100 total, which could make it harder to recover damages if multiple related companies are involved in a dispute.

“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 already had to cover NVIDIA's legal costs if your use of the Site caused a claim. Now that duty also explicitly extends to your use of the downloadable software/materials, not just the website itself.

“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 now more explicitly disclaims all responsibility for the accuracy, content, and even the data-privacy practices of any third-party service it links to or mentions, giving you less recourse against NVIDIA if a linked service mishandles your data.

“NVIDIA assumes no responsibility and disclaims all liability for the availability, accuracy, content, or data practices of any third-party organization.”

What you can do — Review the privacy and terms of any third-party service linked from NVIDIA's site before using it, since NVIDIA disclaims responsibility for it.

If you and 19+ other people file arbitration claims through the same or coordinated lawyers, your case is no longer heard individually. Instead, claims get grouped into batches of 100, decided by one arbitrator in one hearing. This reduces the leverage and individual attention that made mass arbitration an effective way for many consumers to collectively push back against a company.

“those claims will be administered under the JAMS Mass Arbitration Procedures and Guidelines and resolved in batches of 100 claimants each (or in a single batch if less than 100 claimants) as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing (if any)”

The rules on what you can post now cover more categories — including fraudulent, misleading, deceptive, or offensive content, rights violations, spam, and impersonation — giving NVIDIA more grounds to act against your posts or account.

“fraudulent, false, misleading, deceptive, libelous, defamatory, obscene, pornographic, offensive, other material that would violate any law in any jurisdiction, or otherwise violates the rights of others, including by sending spam or impersonating any person or entity”

To opt out of mandatory arbitration you now must send notice by both email AND physical mail — sending just one is no longer enough and could make your opt-out invalid. Also, your right to a fresh opt-out window if NVIDIA changes its arbitration terms is now limited only to changes made to the opt-out clause itself, not to any change in how disputes are arbitrated.

“SUCH WRITTEN NOTIFICATION MUST BE SENT BY EMAIL TO LEGALNOTICES@NVIDIA.COM AND BY PHYSICAL MAIL TO NVIDIA CORPORATION”

What you can do — If you want to preserve your right to sue in court instead of arbitrating, send your opt-out notice within 30 days of using the site or of this update by BOTH email to legalnotices@nvidia.com and physical mail to NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051, including your name, address, a reference to the Site, and a clear statement that you don't want to arbitrate.

The old terms specifically said that if a court found the class-action waiver couldn't legally block you from seeking 'public injunctive relief' (relief that benefits the public, not just you), that claim could go to court instead of arbitration. That specific guarantee no longer appears, replaced with more general severability language.

“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”

Before you can sue or arbitrate, you must send a written notice with your name, phone number, mailing and email address, a detailed account of the claim, the dollar amount you're seeking, and a signature. This is more paperwork than the previous simple requirement to contact NVIDIA.

“The notice must include: (1) the name, telephone number, mailing address, and email address of the party raising the Dispute; (2) reasonable detail of the claim, including supporting facts; (3) the remedy sought and a good-faith calculation of the amount in controversy”

What you can do — If you have a dispute, prepare a written notice with your contact details, a description of the claim, the dollar amount you're seeking, and your signature, and send it to NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051, with a copy emailed to legalnotices@nvidia.com.