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
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"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 Nintendo 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. Non-US users should note these provisions may conflict with applicable local law.
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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 5 platforms. See the full comparison.
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