User's Manual

12
Law and Your Rights
This warranty 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. The United
Nations Convention on Contracts for the International Sale of Goods does not apply to this warranty and is strictly
excluded. This warranty and all disputes that may arise from it arise out of the sale of a product in interstate
commerce and shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the
State of California, without respect to its conflict of laws principles. 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 and Class Action/Jury Trial Waiver
 Arbitration.
For any dispute with NVIDIA, you agree to first contact us by U.S. Mail at NVIDIA Corporation, ATTN:
SHIELD-Legal, 2701 San Tomas Expressway, Santa Clara, California, 95050 and attempt to resolve the
dispute with us informally by providing your name, address and contact information and describing the
nature of the dispute. 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 this
Agreement, 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 NVIDIA. 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 where you live or
you and NVIDIA agree otherwise.
The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorneys’ fees
and your reasonable costs for expert and other witnesses, and any judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction. Further, in the event that the arbitrator
makes an award in your favor greater than NVIDIA’s last written offer, NVIDIA will pay you the greater of the
award or $500, plus your reasonable attorney’s fees, if any, and reimburse any reasonable expenses (including
reasonable expert witness fees and costs) that are reasonably accrued for investigating, preparing, and
pursuing your claim in arbitration, as determined by the arbitrator or agreed to by you and NVIDIA. 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. You may sue under state law in a small
claims court of competent jurisdiction without first engaging in arbitration, but you must engage in
arbitration before suing under the Federal Magnuson-Moss Act.
 Class Action & Jury Trial Waiver
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any
purported class or representative proceeding. This waiver applies to class arbitration unless such arbitration
is necessary to effectuate the enforcement of the court class action waiver or in the event that class
arbitration is expressly agreed to by NVIDIA. You agree that, by entering into this agreement, you and
NVIDIA are each waiving the right to a trial by jury or to participate in a class action.
 Right to Opt Out
You may opt-out of the foregoing arbitration and class action/jury trial waiver provision of this agreement by
notifying NVIDIA in writing within 30 days of purchase. Such written notification must be sent to Attn:Shield-
legal, 2701 San Tomas Expressway, Santa Clara, California, 95050 and must include (1) your name, (2) your