This may be of help to many of the users here. This was in my email this morning.
Hello,
This email is to inform you that the claims phase of the NVIDIA GPU class action settlement begins on January 13, 2011.
On December 20, 2010, the United States District Court for the Northern District of California, San Jose Division, approved the NVIDIA GPU Litigation class action settlement. If you are eligible, you may now file a claim. To file a claim or obtain other details about the settlement, visit www.NVIDIASettlement.com, or call toll-free 1-877-440-7557.
Please note that the deadline for submitting a valid Claim Form and supporting documentation is March 14, 2011.
IMPORTANT NOTES FOR CLASS MEMBERS WITH DELL OR APPLE NOTEBOOK COMPUTERS WHO WISH TO FILE A CLAIM FOR A REPLACEMENT NVIDIA CHIP:
1) Do not send your notebook computer anywhere until AFTER your claim is approved. The Settlement Administrator will notify you in writing whether your claim has been approved or denied. If your claim is approved, the Settlement Administrator will send you instructions and shipping materials for when, where and how to submit your Dell or Apple notebook computer for repair. Follow the instructions sent by the Settlement Administrator - DO NOT send your computer to a service provider or retail store. Your notebook computer may be tested to verify whether it is exhibiting the symptoms described on your Claim Form.
2) The repair remedy offered in the settlement in the NVIDIA GPU class action covers only the NVIDIA GPU or MCP or motherboard component of a Class Computer. If your Class Computer malfunction is caused by something other than the NVIDIA component, the replacement of the NVIDIA chip or motherboard may not resolve the problems that your Class Computer may be experiencing and you may be responsible for costs to resolve problems that are not resolved by replacement of the NVIDIA chip or motherboard, if you choose to seek additional repairs. If problems are identified that are not resolved by replacement of the NVIDIA chip or motherboard, you will be contacted first before repairs are made for your authorization. You are responsible for any associated charges to complete repairs that are not covered by the settlement. To receive the repair remedy offered by this settlement, you must sign the Oath on the Claim Form.
3) Do not mail in a notebook computer that does not match the computer on your approved Claim Form. If you submit a notebook computer that does not match the computer identified on your Claim Form, the Settlement Administrator will not be able to approve your claim, and you will not receive a replacement NVIDIA chip or motherboard. If you return a computer other than the one identified in your approved Claim Form, you will be responsible for paying for return shipment within 60 days of notification of the return shipping cost, or your computer may be treated as abandoned, and be discarded or destroyed.
4) You are responsible for protecting or backing up all personal information from your personal computer prior to mailing the computer for repair. By sending in your computer, you agree that neither NVIDIA nor the Settlement Administrator is responsible for your data, and shall have no liability if your data is lost, damaged, destroyed, or disseminated. Please take appropriate steps to preserve your data before sending in your computer.
5) It is strongly recommended that you mail your computer within 7 days of receiving the shipping materials and instructions to avoid delays in processing your repair. In any event, repairs or replacements will not be authorized for computers received after July 18, 2011. If your computer is not received before this date your claim may be denied.
CLAIM FORM OATH (for Apple and Dell claimants claiming a replacement NVIDIA chip or motherboard)
I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Also, by submitting the Claim Form, I consent to the jurisdiction of the Court in this matter. I also understand that I am responsible for any associated charges to complete repairs that are not covered by the settlement, but that these repairs will not be performed without my prior authorization.
IMPORTANT NOTES FOR CLASS MEMBERS WITH HP NOTEBOOK COMPUTERS WHO WISH TO FILE A CLAIM FOR A REPLACEMENT COMPUTER:
1) Please do not send your HP notebook computer anywhere until AFTER your claim is approved. The Settlement Administrator will notify you in writing whether your claim has been approved or denied. If your claim is approved, the Settlement Administrator will send you shipping materials and instructions for when, where and how to submit your HP notebook computer. The Settlement Administrator may test to verify whether your notebook computer is exhibiting the symptoms described on your Claim Form.
2) Do not mail in an HP notebook computer that does not match the computer on your approved Claim Form. If you submit a notebook computer that does not match the computer identified on your Claim Form, the Settlement Administrator will not be able to approve your claim, and you will not receive a replacement computer. If you return a computer other than the one identified in your approved Claim Form, you will be responsible for paying for return shipment within 60 days of notification of the return shipping cost, or your computer may be treated as abandoned, and be discarded or destroyed.
3) You are responsible for removing all personal information from your personal computer prior to mailing the computer to the Settlement Administrator. Unfortunately, neither the Settlement Administrator nor NVIDIA can help you recover or preserve any personal information or files that you may have stored on your computer. It therefore is important that you remove or preserve this information before you send in your computer. The Settlement Administrator and NVIDIA are not responsible for clearing personal or other data or files from the notebook computers that are submitted, or for any damage, loss, destruction, use, or harm to such data. By sending in your computer, you agree that neither NVIDIA nor the Settlement Administrator is responsible for your data, and shall have no liability if your data is lost, damaged, destroyed, or disseminated. To receive the replacement remedy offered by this settlement, you must sign the Release and Oath on the Claim Form. Please take appropriate steps to preserve your data before sending in your computer.
4) It is strongly recommended that you mail your computer within 7 days of receiving the shipping materials and instructions to avoid delays in processing your replacement. In any event, replacements will not be authorized for computers received after July 18, 2011. If your computer is not received before this date your claim may be denied.
CLAIM FORM RELEASE
By completing and signing the Claim Form, I agree that any Class Computer mailed by me in accordance with instructions provided me by the Settlement Administrator in connection with the settlement in the NVIDIA GPU Litigation, Case No. 08-CV-04312 JW, pending in the United States District Court for the Northern District of California, will be processed in accordance with the terms of the settlement, and that my returned HP/Compaq Class Computer or any of its components, may be removed, destroyed or recycled. I understand and agree that the Class Computer, including but not limited to any and all data, files, information, pictures, documents or software stored or contained in the Class Computer (including partially deleted or recoverable data) (collectively, âFilesâ) may be damaged or destroyed as part of the repair or replacement process, and agree that I am responsible for taking steps to save and preserve all Files before shipping my Class Computer as part of the settlement. I understand and agree that neither the Settlement Administrator nor NVIDIA, or their employees or agents, shall be liable for any damage or destruction of the Class Computer or any Files that may remain on hard-disk drives, storage drives or other media that are part of the Computer Equipment. By completing and signing this form, I acknowledge the risks associated with shipping a Class Computer, including that it may become damaged in transit, and agree to accept sole responsibility for any damage or destruction of the Class Computer and all Files that may be stored on the Class Computer.
By shipping my Class Computer for repair or replacement as part of the settlement, I knowingly, voluntarily and expressly waive any and all claims on behalf of myself and my heirs, administrators, executors, and assigns and hereby release, hold harmless and forever discharge the Settlement Administrator and NVIDIA Corporation, and their affiliates and contractors and each of their respective owners, directors, managers, officers, agents, and employees (the âReleased Partiesâ), from any and all claims, demands, and causes of action, of whatever kind or nature, including in law or in equity, arising from, or in any way relating to the Class Computer or Files, including, without limitation, the possession, shipping, transport, storage, handling, processing, use, misuse, disclosure, destruction, or recycling of such Class Computer or any Files contained thereon (collectively, âClaimsâ). I further expressly waive my right to bring a legal action of any kind, in any court or agency, for any of the Claims released.
It is my intention that the foregoing releases shall be effective as a bar to any and all Claims, known or unknown, suspected or unsuspected. Therefore, I expressly waive any and all rights and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code or similar provisions of applicable law which are as follows:
âA general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.â
I expressly agree that this waiver and release is intended to be as broad and inclusive as permitted by applicable law, and that if any portion herein is held to be invalid or unenforceable, the balance shall continue in full legal force and effect. I have carefully read this waiver and release, understand the contents herein, and am executing it voluntarily and of my own free will.
CLAIM FORM OATH (for HP claimants claiming a replacement computer)
I declare under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Also, by submitting the Claim Form, I consent to the jurisdiction of the Court in this matter.
To determine if you are eligible, file a claim or obtain other details about the settlement, visit www.NVIDIASettlement.com, or call toll-free 1-877-440-7557.
Sincerely,
NVIDIA GPU Litigation Settlement Administrator
www.NVIDIASettlement.com 1-877-440-7557
The United States District Court of the Northern District of California, San Jose Division, has ordered this email notice be sent. If you wish to UNSUBSCRIBE from future email messages please click here.
