Updated on June 1, 2012.
We are required by law to ask you to read and review this legal statement in order to inform you of our legal obligations. The legal requirements in some states require information of limited warranties and disclaimers to be displayed capitalised and in bold, even though this makes the text harder to read.
We take pride in offering you state-of-the-art online services. However, owing to the unique nature of the services we provide and the ever-evolving state of technology, it is virtually impossible for us to offer a perfect system. Furthermore, Futuremark's function in providing you with these services is that of a facilitator and, as a result, we are highly dependent on data that is submitted to us by others.
Information on this website is compiled from performance data submitted to us by graphic card manufacturers and users of such cards, based on their testing and experience. Futuremark does everything possible within its power to provide you with the best possible data, but we do not conduct any independent testing. Our recommendations for matches of graphic cards and RAM for your PC, as well as the performance scores and estimates of such, are as accurate as possible, but are entirely dependent on the accuracy of the information given to us. The quality of the data submitted to us, and upon which we rely, is something we cannot control and such data may occasionally contain errors.
FOR REASONS WE OUTLINED ABOVE, THIS SERVICE AND SOFTWARE ARE PROVIDED TO YOU "AS IS". THIS MEANS THAT FUTUREMARK DOES NOT TAKE ANY RESPONSIBILITY FOR ANY DIFFICULTIES YOU MAY ENCOUNTER WITH THE SERVICE OR SOFTWARE.
FURTHERMORE, THE SERVICE AND SOFTWARE ARE OFFERED TO YOU WITHOUT ANY WARRANTY OR ANY IMPLIED WARRANTY. THIS IS OUR ENTIRE WARRANTY TO YOU. NEITHER FUTUREMARK NOR ITS AUTHORIZED DISTRIBUTORS ARE RESPONSIBLE FOR THE ACTUAL GRAPHIC CARD OR OTHER PRODUCT YOU MAY CHOOSE TO PURCHASE OR CHOOSE NOT TO PURCHASE AS A RESULT OF OUR RECOMMENDATIONS.
FUTUREMARK WANTS SPECIALLY TO REMIND YOU THAT WHEN WE SUGGEST AN UPGRADE AND DUE TO THIS YOU BREAK THE SEAL ON YOUR PC CASE, YOU RENDER THE MANUFACTURER'S WARRANTY NULL AND VOID ACCORDING TO THE MOST PC MANUFACTURER'S LIMITED WARRANTIES, BUT BREAKING OF THE SEAL IS ALWAYS YOUR ACT AND BASED ON YOUR OWN DECISION ONLY.
FUTUREMARK DISCLAIMS ANY AND ALL LOSS OR LIABILITY RELATED TO YOUR USE OF THE Futuremark WEBSITE, RECOMMENDATIONS GIVEN TO YOU ON Futuremark WEBSITE, SOFTWARE FROM THE WEBSITE, SOFTWARE OR HARDWARE PURCHASED VIA OUR WEBSITE, DEVICE, OR THIS AGREEMENT.
This means Futuremark won't be liable or held accountable for, among other things, any loss of data, hardware or software, or any liability resulting from: access delays; access interruptions; viruses; hackers; crackers; data non-delivery or mis-delivery; negligent acts, grossly negligent acts or omissions by Futuremark; errors in any information, goods, or documents obtained due to a recommendation by Futuremark; and Force Majeure (in some jurisdictions known as act of God), or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other action, arising out of or in connection with the use or performance of this Web Site and its on-line services.
Futuremark makes no representations whatsoever about any other website which you may access through our website. Futuremark has no control over the content or claims of websites outside the Futuremark domain, and does not endorse or accept any responsibility for the content of such websites.
FUTUREMARK, ITS REPRESENTATIVES, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, BUT EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF DESIGN, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD PARTY'S PATENT(S), TRADE SECRET(S), COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY RIGHTS.
FUTUREMARK, ITS REPRESENTATIVES, LICENSORS, AND AUTHORIZED DISTRIBUTORS WILL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE).
WHILE WE AT FUTUREMARK TAKE EVERY MEASURE WE CAN TO ENSURE THE QUALITY OF THE SERVICES WE OFFER YOU, Futuremark DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR OTHER PRODUCTS RECOMMENDED BY US WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR OTHER PRODUCTS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, RECOMMENDATION OR ADVICE GIVEN BY FUTUREMARK OR AN AUTHORIZED REPRESENTATIVE OF FUTUREMARK SHALL CREATE ANY WARRANTY.
This disclaimer is not intended to contravene any requirements laid down in applicable national law nor to exclude liability for matters, which may not be excluded under that law. In countries and states that do not permit exclusion or limitation of incidental or consequential damages, Futuremark's liability is limited to the greatest extent permitted by law.
If you do not accept these terms and conditions in full, you must terminate the use of these online-services immediately.
If there is a dispute, this Limited Warranty and Disclaimer shall be interpreted and governed by the laws of the state of California, USA. The United Nations Convention of Contracts for the International Sale of Goods shall not apply to this Agreement and it is strictly excluded. You agree that should you wish to commence any kind of legal action having to do with this Agreement, it shall be brought on in the state of California, USA.