The agreement requires that most disputes between users and Nintendo be resolved through individual binding arbitration administered by the AAA, not through court proceedings or class actions. If the class action waiver is found unenforceable, the entire arbitration section becomes void.
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 requires disputes to proceed through individual AAA arbitration rather than court litigation, and prohibits users from joining class actions or representative proceedings. The severability mechanism means that a successful challenge to the class action waiver in any jurisdiction would void the arbitration clause in its entirety.
Under this clause, users who do not opt out within 30 days of first use must resolve most disputes with Nintendo through individual arbitration rather than court proceedings. The agreement requires arbitration to be conducted in individual capacities only, and the parties waive the right to file a class action or seek class-based relief.
Cross-platform context
See how other platforms handle Mandatory Individual Arbitration and Class Action Waiver and similar clauses.
Compare across platforms →"Any matter we are unable to resolve and all disputes or claims arising out of or relating to these Terms or your use of the Services (each, a 'Claim'), with the exception of the matters described in section 13(d) below, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the 'AAA'), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Claims. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY THE PARTIES IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section 13 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims.Excerpt from Nintendo's Terms of Use
(1) REGULATORY LANDSCAPE: Mandatory arbitration clauses and class action waivers in consumer contracts engage the FTC Act and have been subject to regulatory scrutiny by the CFPB under its rulemaking authority over arbitration agreements in …
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This provision requires disputes to proceed through individual AAA arbitration rather than court litigation, and prohibits users from joining class actions or representative proceedings. The severability mechanism means that a successful challenge to the class action waiver in any jurisdiction would void the arbitration clause in its entirety.
Under this clause, users who do not opt out within 30 days of first use must resolve most disputes with Nintendo through individual arbitration rather than court proceedings. The agreement requires arbitration to be conducted in individual capacities only, and the parties waive the right to file a class action or seek class-based relief.
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