Any disputes are governed by the laws of the state of Washington, USA, and must be resolved in Washington, 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
The governing law clause determines the substantive legal framework that will apply to interpretation of the agreement terms and resolution of disputes, establishing Washington law as the controlling authority rather than allowing selection of another state's legal system.
Consumers outside Washington State face practical and financial barriers to pursuing legal disputes with Nintendo, as they must navigate another state's legal system.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"Any dispute between the parties will be governed by this Agreement and the laws of the State of Washington and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.Excerpt from Nintendo's Terms of Use
Choice of law and forum selection clauses designating Washington State are standard for companies headquartered there but may face enforceability challenges in jurisdictions with strong consumer protection laws.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The governing law clause determines the substantive legal framework that will apply to interpretation of the agreement terms and resolution of disputes, establishing Washington law as the controlling authority rather than allowing selection of another state's legal system.
Consumers outside Washington State face practical and financial barriers to pursuing legal disputes with Nintendo, as they must navigate another state's legal system.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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