Nintendo disclaims all express and implied warranties and limits its aggregate liability for any claim to the amount the user actually paid for the specific Services at issue, with no liability for special or consequential damages. The agreement states these limitations apply to the maximum extent permitted by law.
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 provision caps Nintendo's aggregate liability per claim at the amount actually paid for the relevant Services, and excludes liability for special or consequential damages. The clause explicitly acknowledges that applicable law may restrict these limitations in certain jurisdictions.
Under this clause, Nintendo's total liability for any claim related to the Services is capped at the amount the user actually paid for the Services at issue, which may be zero for free Services. The agreement disclaims all implied warranties including merchantability and fitness for a particular purpose, subject to applicable law.
Cross-platform context
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Compare across platforms →"USE OF THE SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY. THE SERVICES ARE PROVIDED 'AS-IS' WITHOUT WARRANTY OF ANY KIND. NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO AND ITS AFFILIATED COMPANIES, LICENSEES, LICENSORS AND CONTRACTORS ('NINTENDO PARTIES') WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE NINTENDO PARTIES' AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES IS LIMITED TO THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SERVICES THAT ARE THE SUBJECT OF SUCH CLAIM.Excerpt from Nintendo's Terms of Use
(1) REGULATORY LANDSCAPE: Warranty disclaimers and liability caps in consumer contracts engage the Magnuson-Moss Warranty Act for product-related claims, state consumer protection statutes (including California's Consumer Legal Remedies Act), and EU consumer rights directives for …
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This provision caps Nintendo's aggregate liability per claim at the amount actually paid for the relevant Services, and excludes liability for special or consequential damages. The clause explicitly acknowledges that applicable law may restrict these limitations in certain jurisdictions.
Under this clause, Nintendo's total liability for any claim related to the Services is capped at the amount the user actually paid for the Services at issue, which may be zero for free Services. The agreement disclaims all implied warranties including merchantability and fitness for a particular purpose, subject to applicable law.
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