NVIDIA ACADEMY TRAINING SERVICES TERMS AND CONDITIONS
Please read these terms and conditions governing NVIDIA Corporation (“NVIDIA”) delivery of NVIDIA ACADEMY training services (“Training”) to enrolled participants.
These terms and conditions can be accepted only by an adult of legal age of majority in the country in which Training is used. If you are under the legal age of majority, you must ask your parent or legal guardian to consent to these terms and conditions. If you are not old enough to enter into these terms and conditions or if you don’t accept all the terms and conditions below, do not enroll or participate in Training.
NVIDIA offers or sells individual seats for Public Instructor-Led Training. If you have a seat, you can join the Public Instructor-Led Training, scheduled at the date and time assigned by NVIDIA. NVIDIA will, from time to time, have Public Instructor-Led Training remote sessions or live sessions, check the details of your offering to know which one applies. No-shows are ineligible for a fee credit or refund.
- Public Instructor-Led Training
NVIDIA offers or sells access to Self-Paced Online Training. If you have a Self-Paced Online Training, you can access an online Training course on your own at a time of your choice. Self-Paced Online Training course(s) that are not redeemed or utilized in full within six months of the initial date NVIDIA provides you access to the online course terminate automatically without a credit or refund.
Depending on the Training selected, Digital River or CVENT, acting as merchant of record, will bill the then-current Training fee for the Training selected to a valid and accepted method of payment you provide when required to participate in a Training ("Payment Method").
The Training fee for a paid Training will be billed upfront, at the then-current price, except for any free use period. As used in these terms, "billing" means a charge, debit or other payment clearance against the Payment Method provided.
NVIDIA or the merchant of record, as applicable, will indicate in which countries VAT is included in the Training price. Except for countries where VAT is included in the Training price, prices are exclusive of all taxes, duties or other similar charges and you are responsible for their payment. NVIDIA reserves the right to adjust Training prices at any time at NVIDIA’s choice. Price changes will take effect immediately for new Training purchases.
By enrolling in Training and indicating a Payment Method, you authorize Digital River or CVENT (as applicable), acting as merchant of record, to charge the corresponding fee at the then-current price, and any other charges you may incur in connection with your Training enrollment, such as taxes or possible transaction fees, to your Payment Method in one or more charges.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize NVIDIA or the merchant of record to continue billing the Payment Method, as it may be updated. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
CANCELLATIONS AND REFUNDS
If you purchased Public Instructor-Led Training and wish to cancel, you may send a cancellation request in writing to firstname.lastname@example.org and the following will apply:
- Self-Paced Online Training
NVIDIA may cancel Public Instructor-Led Training at its discretion at any time, including, but not limited to, due to availability of instructors, or for infrastructure, security, health and safety of attendees, or other reasons beyond NVIDIA’s reasonable control. Where a Public Instructor-Led Training is canceled by NVIDIA, NVIDIA will contact you to attend a make-up Training.
Self-Paced Online Training once purchased is not cancellable or refundable.
NVIDIA reserves the right to refuse admittance to, or expel an individual from participating in Training, including, but not limited to, if the individual is behaving in a manner that could be disruptive to the Training or any other attendee. If NVIDIA terminates an individual from participation in Training pursuant to these terms and conditions, access to the Training and content may end immediately but any Training fees paid will not be refunded.
If it turns out that NVIDIA provides you a refund, discount, or other consideration, it doesn’t mean that you will receive it again even under similar circumstances.
WHAT THESE TRAINING SERVICES DO NOT COVER
Training does not include any hardware, software, materials or internet connection required for your participants to access the services. Certain content may only work on certain types of devices.
INTELLECTUAL PROPERTY RIGHTS
No transfer of ownership of any intellectual property will occur under these terms and conditions.
If your Training is funded or organized by your employer, organization or any other third party, your registration information as well as course-related information such as course name and certification date will be shared with the paying party or organizer.
In connection with the Training, you may receive access to links to third party websites and services and the availability of those links does not imply any endorsement by NVIDIA. We encourage you to review the privacy statements on those sites and services to understand how they may collect, use and share your personal information. NVIDIA is not responsible for the privacy statements or practices of sites and services controlled by other companies or organizations or your reliance on information you gather from use of the links.
AUDIO AND VIDEO RECORDING
By attending a Training, you grant to NVIDIA, its affiliates, employees, agents and independent contractors the right to record, film, and capture your voice and image during the Training. Further, you grant to NVIDIA and its affiliates a non-exclusive perpetual, irrevocable, worldwide license to use, reproduce, adapt, publicly display, distribute or incorporate in any manner whatsoever, all or any portion of such recording for all NVIDIA purposes including in marketing and NVIDIA materials, without royalties or other compensation, and agree to forego any claim or enforce any proprietary or moral rights you retain. You understand that NVIDIA will edit, arrange or modify its recordings, and you hereby waive any right to inspect or approve the use of the recordings in any media.
The Training and its content are proprietary to NVIDIA and you may not record, film, capture or distribute any or all parts of the Training for any purpose without NVIDIA’s prior written consent.
DISCLAIMER OF WARRANTY
TRAINING IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. EACH TRAINING IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND NVIDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO WARRANTY IS MADE BY NVIDIA ON THE BASIS OF TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. NVIDIA SHALL NOT BE RESPONSIBLE FOR ANY COSTS, EXPENSES OR OTHER LIABILITIES YOU MAY INCUR TO PARTICIPATE IN TRAINING.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF USE, LOSS OF DATA OR LOSS OF GOODWILL, OR THE COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE TRAINING OFFERINGS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT WILL NVIDIA’S AND ITS AFFILIATES TOTAL CUMULATIVE LIABILITY UNDER OR ARISING OUT OF THESE TERMS AND CONDITIONS EXCEED THE AMOUNTS PAID FOR THE TRAINING(S) UPON WHICH LIABILITY IS BASED. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILTY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT (I.E. THE EXISTENCE OF TWO OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT).
GOVERNING LAW, DISPUTE RESOLUTION
Governing Law. These terms and conditions and all disputes that may arise from it or out of Training shall be governed by the Federal Arbitration Act, in addition to the internal substantive laws of the State of Delaware and the United States, without regard to or application of its conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. You agree to these terms in the English language unless NVIDIA provided you these terms in another language. The invalidity in whole or in part of any provision of these terms and conditions shall not affect the validity of any other provision thereof.
Arbitration. For any claim against or dispute with NVIDIA relating to these terms and conditions or Training, please give NVIDIA a chance to resolve it and contact NVIDIA by U.S. Mail at NVIDIA Corporation, ATTN: Legal, 2788 San Tomas Expressway, Santa Clara, California, 95051. For any disputes that are not resolved informally, you and NVIDIA each agree to resolve any such dispute (excluding any NVIDIA claims for injunctive or other equitable relief) 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. 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. If for any reason this agreement to arbitrate is found not to apply to a dispute and as a result a dispute proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Santa Clara County, California.
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 THESE TERMS AND CONDITIONS, 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 THESE TERMS AND CONDITIONS BY NOTIFYING NVIDIA IN WRITING WITHIN 30 DAYS OF TRAINING REGISTRATION. SUCH WRITTEN NOTIFICATION SHALL BE SENT TO ATTN: LEGAL, 2788 SAN TOMAS EXPRESSWAY, SANTA CLARA, CALIFORNIA, 95051 AND SHALL INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) THE REFERENCE TO NVIDIA ACADEMY TRAINING SERVICES AS THE SERVICE THE NOTICE RELATES TO, 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.
CHANGES TO TRAINING SERVICES TERMS AND CONDITIONS
If NVIDIA makes changes to these terms and conditions, then NVIDIA will present such revised terms and conditions to you by posting an updated version generally on the NVIDIA ACADEMY Training registration page, or in an email notification, or through other reasonable means. The new terms will apply to you, provided they do not single you out.
For additional information about Training, please contact NVIDIA at email@example.com.
(v. February 17, 2021)
- 14 days or more before the training – A refund of the Training fee less a $60 processing fee
- Within 14 days of the training - No refunds