Any legal dispute about Nintendo's websites must be resolved in courts located in King County, Washington, and Washington State law applies, regardless of where you live.
This analysis describes what Nintendo's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This clause requires US users to litigate disputes in Washington State courts, which may be impractical for users in other states and effectively limits access to legal recourse for many consumers.
Interpretive note: Enforceability of the forum selection clause against consumers in states with strong consumer protection frameworks, and against EU/EEA users, may vary based on applicable law and is not guaranteed by the clause's language alone.
If you have a legal dispute with Nintendo over its websites, you are required to bring that dispute in King County, Washington courts, which may be geographically and financially impractical for users located elsewhere in the US.
How other platforms handle this
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms of Use shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of courts in King County, Washington for all disputes arising out of or relating to your use of the Sites.— Excerpt from Nintendo's Nintendo Terms of Use
REGULATORY LANDSCAPE: Forum selection and governing law clauses in consumer contracts are subject to challenge in many US states under consumer protection law and conflict-of-laws principles, particularly where the designated forum imposes an unreasonable burden on consumers. State attorneys general in the user's home state may bring enforcement actions regardless of this clause. For EU/EEA users, mandatory consumer protection rules in the user's country of residence typically override forum selection clauses in consumer contracts. GOVERNANCE EXPOSURE: Low to Medium. Forum selection clauses designating a corporate home jurisdiction are standard in platform terms of service. However, the clause's enforceability against individual consumers who lack the practical ability to litigate in Washington may be challenged in some jurisdictions under consumer protection principles. JURISDICTION FLAGS: EU consumers cannot generally be required to litigate in a non-EU jurisdiction under EU consumer protection law; Brussels I Recast Regulation typically permits consumers to sue in their home jurisdiction. California, New York, and other states have consumer protection frameworks that may limit the enforceability of forum selection clauses against in-state consumers. Illinois courts have similarly scrutinized forum selection clauses in consumer adhesion contracts. CONTRACT AND VENDOR IMPLICATIONS: B2B partners and developers should evaluate whether the Washington State governing law and forum designation aligns with their own contract frameworks and dispute resolution preferences, and whether separate commercial terms should be negotiated. COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether the governing law and forum clause complies with applicable consumer protection law in key markets, particularly the EU/EEA and UK, and whether regional terms of service that modify the forum and governing law provisions are needed for those markets.
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This clause requires US users to litigate disputes in Washington State courts, which may be impractical for users in other states and effectively limits access to legal recourse for many consumers.
If you have a legal dispute with Nintendo over its websites, you are required to bring that dispute in King County, Washington courts, which may be geographically and financially impractical for users located elsewhere in the US.
ConductAtlas has identified this type of provision across 175 platforms. See the full comparison.
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