The Agreement is between you, Nintendo Co., Ltd. and Nintendo of America Inc. and covers Nintendo Account Services
The Nintendo Account User Agreement is by and among you, Nintendo Co., Ltd. (NCL) and Nintendo of America Inc. (NOA), together called Nintendo, and governs your use of the Nintendo Account Services through your Nintendo Account. The opening notice calls it an important agreement that applies to your use of those services. If you do not agree to its terms, the Agreement says not to use the Nintendo Account Services.
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THIS IS AN IMPORTANT AGREEMENT THAT APPLIES TO YOUR USE OF THE NINTENDO ACCOUNT SERVICES!
is by and among you, Nintendo Co., Ltd.
and Nintendo of America Inc.
and governs your use of the Nintendo Account Services through your Nintendo Account
If you do not agree to the terms of this Agreement, please do not use the Nintendo Account Services.
Qualifications & exceptions
Applies to use of the Nintendo Account Services through your Nintendo Account.
Legal Rights & Agreement Rules · Context
The Agreement states an effective date of 05/2025
The Agreement states "Effective Date: 05/2025". A link labelled "What's changed?" points to a separate page that is not supplied here, so what changed in this version is not explained.
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Effective Date: 05/2025
Qualifications & exceptions
Only a month and year are given.
Not stated here
The "What's changed?" page is linked but not supplied here, so the changes in this version are not explained.
Legal Rights & Agreement Rules · Context
Defines the Nintendo Account and the Nintendo Account Services broadly
A Nintendo Account is the account created by a person that is used in connection with the Nintendo Account Services. The Nintendo Account Services are the services, applications, software, content and data Nintendo makes available to you through your Nintendo Account, including for example the Nintendo Switch Parental Controls application, video games and add-on content, as well as any other Nintendo products, services, applications, software, content or data that requires a Nintendo Account or to which you link your Nintendo Account.
Supporting quotations
means the account created by a person that is used in connection with the Nintendo Account Services
means the services, applications, software, content, and data we make available to you through your Nintendo Account, including, for example, the Nintendo Switch Parental Controls application, video games, and add-on content
as well as any other Nintendo products, services, applications, software, content, or data that requires the use of a Nintendo Account or to which you link your Nintendo Account
Qualifications & exceptions
The Nintendo Account Services list is introduced by "including, for example", so it is not closed.
Anything you link your Nintendo Account to can fall within the services.
Legal Rights & Agreement Rules · Restriction or exception
Most disputes go to individual arbitration (Section 16); you can opt out within 30 days of first agreeing
The front of the Agreement flags a binding arbitration provision and class action waiver in Section 16 that, to the fullest extent permitted by law, requires you and Nintendo to resolve most Claims on an individual basis and not as a class arbitration, class action, other representative proceeding or jury trial. Section 16 applies to all Claims between you and Nintendo, except Claims in which a party is trying to protect its intellectual property rights or that are properly asserted in small-claims court, provided that court does not permit class or similar representative actions. You may opt out of the arbitration requirement by sending written notice within 30 days of the date you first agreed to be bound by the Agreement, following the procedure in Section 16(j). The other Section 16 terms are explained in the Section 16 cards.
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THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 16
TO THE FULLEST EXTENT PERMITTED BY LAW, REQUIRES BOTH YOU AND NINTENDO TO RESOLVE MOST
YOU MAY OPT OUT OF THE BINDING ARBITRATION BY FOLLOWING THE PROCEDURE IN SECTION 16(J).
Except for Claims (i) in which a party is attempting to protect its intellectual property rights
(ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief)
within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms
This Section 16 applies to all Claims between you and Nintendo.
Qualifications & exceptions
Applies to the fullest extent permitted by law.
Intellectual property protection claims and qualifying small-claims matters are excluded.
The opt-out window is 30 days from first agreeing to be bound.
Legal Rights & Agreement Rules · Context
Services vary by device and country, and extra terms may apply, but this Agreement controls on conflict
The Nintendo Account Services may be accessed through Nintendo products or devices or certain third-party products or devices, and some can be accessed only on a Nintendo product or device. Because Nintendo offers a variety of services, additional terms and conditions may apply to certain services. If those additional terms conflict with this Agreement, this Agreement controls. The services may vary by country or region, and not all are available to all Nintendo Account holders.
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The Nintendo Account Services may be accessed through products or devices manufactured by Nintendo or certain third party products or devices.
Some Nintendo Account Services may only be accessed on a Nintendo product or device.
so additional terms and conditions may apply to your use of certain Nintendo Account Services
In the event of any conflict between the terms and conditions of this Agreement and any additional terms and conditions which apply to your use of a Nintendo Account Service, the terms and conditions set forth in this Agreement will control.
The Nintendo Account Services may vary by country or region and not all Nintendo Account Services are available to all Nintendo Account holders.
Qualifications & exceptions
This Agreement controls over conflicting additional terms for a specific service.
Availability varies by country or region and by account holder.
Not stated here
The additional terms for particular services are not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
Nintendo does not control or take responsibility for third-party services, which you use at your own risk
The services may contain or refer to products, services, applications, software, content or data provided or maintained by third parties, and links to websites with such Third Party Services. Nintendo says it does not own, control, endorse, review or monitor them, makes no representations or warranties about them and is not responsible for them. If you use them, you do so at your own risk, and your use may be subject to additional terms from the third party that operates them.
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provided and/or maintained by third parties and not by Nintendo
Nintendo does not own, control, endorse, review or monitor the Third Party Services, makes no representation or warranties of any kind regarding the Third Party Services, and is not responsible for any Third Party Services.
If you access or use any Third Party Services, you do so at your own risk.
Your use of any Third Party Services may be subject to additional terms imposed by the third party that operates such Third Party Services.
Qualifications & exceptions
Third parties may impose additional terms.
Not stated here
The third parties' terms are not supplied here.
Legal Rights & Agreement Rules · Permission or license
Nintendo may change the Agreement; continuing to use the services confirms you accept the update
Nintendo may change the terms of the Agreement from time to time. When it updates the Agreement it says it will provide notice of the update, such as by posting the current version on its website. If you do not agree to the changes you must immediately stop using the services, and if you continue to use them you are confirming your acceptance of the updated Agreement.
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We may change the terms of this Agreement from time to time.
When we update the Agreement, we will provide notice of the update such as by posting the current version of the Agreement on
If you do not agree to the changes, you must immediately stop using the Nintendo Account Services. If you continue to use the Nintendo Account Services, you will be confirming your acceptance of the updated Agreement.
Qualifications & exceptions
Notice is described by example ("such as"), including posting on the website.
Continuing to use the services confirms acceptance.
Not stated here
The text gives no minimum notice period before a change takes effect and does not require individual notice.
Legal Rights & Agreement Rules · Restriction or exception
You agree to indemnify Nintendo for losses from your use of the services or items you make available
If Nintendo, including its subsidiaries and affiliates, is subject to any actual or threatened claims, costs, damages, losses or other liabilities (Covered Losses) as a result of your use of the services, or any data, information or other item you make available through them, you agree to indemnify Nintendo for those losses and related costs such as reasonable attorneys' fees. Some jurisdictions limit consumer indemnities, so some or all of these provisions may not apply to you. If you must indemnify Nintendo, it has the right, in its sole discretion, to control any action or proceeding and decide whether and on what terms to settle it.
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If Nintendo (including its subsidiaries and/or affiliates) is subject to any actual or threatened claims, costs, damages, losses, or other liabilities
as a result of your use of any of the Nintendo Account Services, or any data, information, or other item you make available through the Nintendo Account Services
then you agree to indemnify us from all such Covered Losses and any related costs, such as reasonable attorneys
Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you.
we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms
Qualifications & exceptions
Some or all of the indemnity may not apply where a jurisdiction limits consumer indemnities.
Nintendo controls the defense and settlement decisions in its sole discretion.
Legal Rights & Agreement Rules · Restriction or exception
The services are provided as is, at your sole risk, with no warranty
Use of the services is at your sole risk, and no oral or written information or advice from Nintendo or its representatives creates a warranty. The services are provided as is without warranty of any kind and, to the fullest extent permitted by applicable law, Nintendo disclaims all express or implied warranties, including the implied warranties of merchantability and fitness for a particular purpose. If a law restricts Nintendo's ability to limit liability or disclaim warranties, the limitations may not apply to you, and Nintendo limits liability and disclaims warranties to the greatest extent permitted by law.
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USE OF THE NINTENDO ACCOUNT SERVICES IS AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NINTENDO OR ITS REPRESENTATIVES CREATES A WARRANTY.
THE NINTENDO ACCOUNT SERVICES ARE PROVIDED
WITHOUT WARRANTY OF ANY KIND, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NINTENDO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NINTENDO ACCOUNT SERVICES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
WITHOUT LIMITING SECTION 15, NINTENDO DOES NOT MAKE ANY GUARANTEE OR WARRANTY WITH RESPECT TO THE AVAILABILITY OR PERFORMANCE OF THE NINTENDO ACCOUNT SERVICES
IF A LAW RESTRICTS OUR ABILITY TO LIMIT LIABILITY OR DISCLAIM WARRANTIES, THE LIMITATIONS AND DISCLAIMERS LISTED ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, WE LIMIT OUR LIABILITY AND DISCLAIM WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW.
Qualifications & exceptions
The disclaimer applies to the fullest extent permitted by applicable law and may not apply where a law restricts it.
Legal Rights & Agreement Rules · Restriction or exception
Liability is capped at what you actually paid, and special and consequential damages are excluded
To the maximum extent permitted by law, Nintendo will not be liable to you for special, indirect, incidental or consequential damages of any kind, whether based in contract, tort (including negligence), strict product liability or any other legal theory, arising out of or relating to your access, use, misuse or inability to use the services, even if advised of the possibility. In any case, Nintendo's aggregate liability to you for claims arising out of or relating to your access, use, misuse or inability to use the services is limited to the amount you actually paid for the services. If a law restricts Nintendo's ability to limit liability, the limits may not apply to you.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NINTENDO WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NINTENDO ACCOUNT SERVICES, EVEN IF NINTENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AGGREGATE LIABILITY TO YOU IN CONNECTION WITH ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE NINTENDO ACCOUNT SERVICES IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID FOR THE NINTENDO ACCOUNT SERVICES
Qualifications & exceptions
The cap is the amount you actually paid for the services, so it can be zero for free services.
The exclusion applies to the maximum extent permitted by law and may not apply where a law restricts it.
Legal Rights & Agreement Rules · Restriction or exception
Claims go to binding individual arbitration instead of court, a jury or a class action
Section 16 applies to all Claims between you and Nintendo: any dispute, claim, cause of action or controversy, on any legal theory including contract, tort, statute, fraud or misrepresentation, that arises from or relates to the Agreement, the services or their use, or that concerns the validity, enforceability or scope of the arbitration provision. Subject to the exceptions in the next card, all Claims not resolved through the informal process will be resolved only by a neutral arbitrator through final and binding arbitration instead of in court before a judge or jury. The provision precludes you and Nintendo from suing in court, having a jury trial or taking part in a class action; arbitration is solely individual and not a class arbitration, class action or other representative proceeding, and both sides waive the right to a jury trial. The arbitrator has authority to grant any remedy or relief that would otherwise be available in court.
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THIS ARBITRATION PROVISION PRECLUDES YOU AND NINTENDO FROM SUING IN COURT, HAVING A TRIAL BY JURY, OR PARTICIPATING IN A CLASS ACTION.
YOU AND NINTENDO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
This Section 16 applies to all Claims between you and Nintendo.
is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and Nintendo, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to this Agreement, the Nintendo Account Services or their use or Claims related to the validity, enforceability, or scope of the arbitration provision or any portion of it
all Claims that are not resolved in accordance with Section 16(c) will only be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury
The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
Qualifications & exceptions
Applies to disputes the informal resolution process does not settle.
Subject to the intellectual property and small-claims exceptions and to your 30-day opt-out.
Disputes about the enforceability, revocability or validity of the arbitration provision are themselves Claims for the arbitrator.
Legal Rights & Agreement Rules · Restriction or exception
IP-protection claims and qualifying small-claims matters are outside arbitration
The arbitration requirement does not apply to Claims in which a party is attempting to protect its intellectual property rights, such as its patent, copyright, trademark, trade secret, anti-circumvention or moral rights but not its privacy or publicity rights, or that are properly asserted in small-claims court, provided that the small-claims court does not permit class or similar representative actions or relief.
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Except for Claims (i) in which a party is attempting to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, anti-circumvention, or moral rights, but not including its privacy or publicity rights) or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief)
Qualifications & exceptions
Privacy and publicity rights are expressly not treated as intellectual property for this exception.
The small-claims exception applies only if the court does not permit class or similar representative actions or relief.
Legal Rights & Agreement Rules · User right or choice
You can opt out of the arbitration requirement by written notice within 30 days of first agreeing
You may opt out of the arbitration requirement in Section 16 by sending written notice of your decision to Nintendo of America Inc., Attn: CS Admin, at the stated Redmond, Washington address, within 30 days of the date on which you first agreed to be bound by the Agreement. The notice must include the name and contact information of each person opting out and the email address registered to your Nintendo Account. If you send timely written notice with the required information, the arbitration requirement will not apply to you or Nintendo and the parties will settle any Claims on an individual basis under Section 18. If you do not send notice, you agree to be bound by the arbitration requirement.
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FOLLOW THE INSTRUCTIONS BELOW IN SECTION 16(J) IF YOU WISH TO OPT OUT OF THE REQUIREMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.
You have the right to opt out of the arbitration requirement in this Section 16 by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052 within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms.
Such notice must include the name of each person opting out, contact information for each such person, and the email address registered to your Nintendo Account.
If you send timely written notice containing the required information, then the arbitration requirement in this Section 16 will not apply to you or Nintendo and the parties will settle any Claims on an individual basis in accordance with Section 18.
If you do not send such notice, then you agree to be bound by the arbitration requirement in this Section 16.
Qualifications & exceptions
The 30 days run from when you first agreed to be bound by the Agreement.
The notice must include the required identifying information.
Opting out ends the arbitration requirement for both you and Nintendo; Claims then go to Section 18.
Legal Rights & Agreement Rules · Procedure
Nintendo's Contact Center is invited to resolve concerns first
Nintendo's Contact Center is available to address concerns about the services. You may contact it by phone, by email at useragreement@noa.nintendo.com, or by regular mail to Nintendo of America Inc., Attn: User Agreement, in Redmond, Washington. Nintendo says most matters can be quickly resolved this way. This paragraph invites contact; the separate informal dispute resolution process below sets the required steps before arbitration.
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Our Contact Center is available to address any concerns you may have regarding the Nintendo Account Services.
You may contact them by phone at 1-800-255-3700; by email at useragreement@noa.nintendo.com; or by regular mail sent to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA.
Qualifications & exceptions
The invitation to contact the Contact Center is separate from the required Claimant Notice process.
Legal Rights & Agreement Rules · Procedure
Before arbitration you must send a written Claimant Notice and negotiate for at least 30 days
Except as Section 16(d) permits, if you have a Claim against Nintendo or Nintendo has one against you, you and Nintendo must first try to resolve it informally before either side may bring it in arbitration. You and Nintendo will make a good-faith effort to negotiate for 30 days, or a longer period you agree in writing (email suffices), from the day one receives a written notice of the Claim (a Claimant Notice) from the other. You send a Claimant Notice to Nintendo by certified mail to the stated Redmond address, Attn: General Counsel; Nintendo sends one to you by certified mail or email using your contact information. A Claimant Notice must include the sender's name, address, email, telephone number and any relevant purchase information, describe the nature and basis of the Claim, and set out the specific relief requested.
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Except as permitted under Section 16(d)
you and Nintendo must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration
You and Nintendo will make a good-faith effort to negotiate for 30 days the resolution of any Claim, or for a longer period as mutually agreed in writing (email suffices) by you and Nintendo
from the day you or Nintendo receive a written notice of a Claim from the other party
You will send any Claimant Notice to Nintendo by certified mail addressed to 4600 150th Avenue NE, Redmond, WA 98052, USA, Attn: General Counsel.
Nintendo will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Nintendo.
(ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested
Qualifications & exceptions
The 30 days run from receipt of the written Claimant Notice.
A longer period can be agreed in writing, and email suffices.
The exceptions in Section 16(d) are not subject to this step.
Legal Rights & Agreement Rules · Restriction or exception
You cannot file early, filing early can cost you, and limitation deadlines are paused during the informal period
The Informal Resolution Period is meant to let the party that receives a Claimant Notice make a fair, fact-based offer. Neither you nor Nintendo may file a Claim in arbitration, or in court under Section 16(d), before the period ends. If a party files without complying with Section 16, including waiting out the period, the other party reserves the right to seek relief from a court to enjoin the filing and to seek damages, including reimbursement of costs and fees such as arbitration, attorney and expert fees incurred as a foreseeable consequence of the breach. The statute of limitations and any filing fee deadlines for a Claim are tolled for the duration of the Informal Resolution Period so the informal process can take place.
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You or Nintendo cannot file a Claim in arbitration (or court in accordance with Section 16(d)) before the end of the Informal Resolution Period.
the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party who has not followed the requirements in this Section 16(c)
incurred as a foreseeable consequence of that breach
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim
Qualifications & exceptions
The cost-shifting remedy applies against a party who files without following Section 16, and is available to either side.
Tolling covers the statute of limitations and filing fee deadlines for that Claim during the period.
Legal Rights & Agreement Rules · Procedure
Arbitration is run by the AAA under the FAA, with a NAM fallback and different rules for consumers
A Claim not excluded under Section 16(d) may be settled only by binding individual arbitration conducted by the American Arbitration Association (AAA) according to the Federal Arbitration Act. If you are a Consumer, meaning you use the services only for personal, family or household purposes, the then-current AAA Consumer Arbitration Rules apply as modified by the Agreement. If you are not a Consumer, the then-current AAA Commercial Arbitration Rules and Mediation Procedures apply as modified by the Agreement. If the AAA notifies the parties in writing (email suffices) that it is not available to arbitrate a Claim, that Claim may be settled only by binding individual arbitration conducted by National Arbitration and Mediation (NAM) under NAM's Comprehensive Dispute Resolution Rules and Procedures as modified by the Agreement.
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a Claim not excluded under Section 16(d) may only be settled by binding individual arbitration conducted by the American Arbitration Association
according to the Federal Arbitration Act
meaning that you only use the Nintendo Account Services for personal, family, or household purposes
Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Nintendo as modified by this Agreement
If the AAA notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, that Claim may only be settled by binding individual arbitration conducted by National Arbitration and Mediation
Comprehensive Dispute Resolution Rules and Procedures are the Rules applicable to Claims between you and Nintendo as modified by this Agreement
Qualifications & exceptions
The rules apply as modified by the Agreement.
Consumer means using the services only for personal, family or household purposes.
NAM applies only if the AAA notifies the parties in writing that it is not available.
Not stated here
The AAA and NAM rules are referenced but not supplied here.
Legal Rights & Agreement Rules · Procedure
You or Nintendo start arbitration by filing a demand with the AAA or NAM and sending a copy by certified mail
You or Nintendo may start arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA under its rules (or NAM if applicable). Instructions are said to be on the providers' websites or by phone. You send a copy of any demand to Nintendo by certified mail to the stated Redmond address, Attn: General Counsel, and Nintendo sends any demand to you by certified mail or email using your contact information. You and Nintendo both agree the arbitrator must follow the terms of the Agreement.
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You or Nintendo may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules
You will send a copy of any demand for arbitration to Nintendo by certified mail addressed to 4600 150th Avenue NE, Redmond, WA 98052, USA, Attn: General Counsel.
Nintendo will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Nintendo.
You and Nintendo both agree that the arbitrator must follow the terms of this Agreement.
Qualifications & exceptions
Arbitration can start only for Claims not resolved during the Informal Resolution Period.
Legal Rights & Agreement Rules · Restriction or exception
The arbitrator decides arbitrability and may award only individual relief; the award is binding
The enforceability of Section 16 is governed by the FAA to the extent permitted by law. As limited by the FAA, the Agreement and the applicable Rules, the arbitrator has exclusive authority over all procedural and substantive decisions on a Claim, including the power to decide all questions of arbitrability, and may grant whatever relief a court could. To the fullest extent allowed by applicable law, the arbitrator may award only legal or equitable remedies that are individual to you or Nintendo to satisfy individual Claims that the arbitrator finds supported by credible relevant evidence. The award is binding and may be entered as a judgment in any court of competent jurisdiction. The parties acknowledge that without this provision they would have the right to sue in court and have a jury trial, and that arbitration costs could exceed litigation costs and discovery may be more limited.
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the enforceability of this Section 16 will be substantively and procedurally governed by the FAA to the extent permitted by law
the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant whatever relief would be available in a court under law or in equity, including the power to determine all questions of arbitrability
the arbitrator may only award legal or equitable remedies that are individual to you or Nintendo to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence)
shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial.
in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court
Qualifications & exceptions
Remedies are limited to those individual to you or Nintendo, to the fullest extent allowed by applicable law.
The arbitrator decides arbitrability questions.
Legal Rights & Agreement Rules · Restriction or exception
Arbitration is individual only; if the class waiver fails, Section 16 is void and Washington courts decide
Any arbitration is 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, in court or arbitration. If any court or arbitrator decides the class-action waiver is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, the entire arbitration provision in Section 16 is null and void and the parties are deemed not to have agreed to arbitrate Claims. Claims released from arbitration this way are resolved under Section 18, which applies Washington law and sends Claims not subject to arbitration, and not heard in small claims court, exclusively to state and federal courts in King County, Washington.
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Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action.
The parties waive their right to file a class action or seek relief on a class basis, whether in court or arbitration.
then the arbitration provision set forth in this Section 16 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims
Any such claims so released from arbitration must be resolved in accordance with Section 18.
shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules
will be resolved exclusively in the state and federal courts located in King County, Washington, U.S.A.
Qualifications & exceptions
The fallback voids the whole arbitration provision, not just the waiver.
Released Claims go to King County, Washington courts under Section 18.
Legal Rights & Agreement Rules · Procedure
You and Nintendo agree to seek protection for confidential information in a dispute
If you or Nintendo submits a Claim, you and Nintendo agree to cooperate in seeking, from the arbitrator or the relevant court, protection for any confidential, proprietary, trade secret or otherwise sensitive information, documents, testimony and other materials that might be exchanged or be the subject of discovery, and to seek that protection before they are exchanged or become the subject of discovery.
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you and Nintendo agree to cooperate to seek from the arbitrator or relevant court protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery
You and Nintendo agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery.
Qualifications & exceptions
The agreement is to seek protection from the arbitrator or court, not a guarantee of confidentiality.
Legal Rights & Agreement Rules · Procedure
25 or more similar claims with the same or coordinated lawyers are treated as Mass Arbitrations
If a party receives 25 or more Claimant Notices that raise similar claims and have the same or coordinated counsel, they are considered Mass Arbitrations and are treated under the AAA's Mass Arbitration Supplementary Rules (or NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures if filed with NAM), to the extent Mass Arbitrations are filed in arbitration as the Agreement provides. Either side may say it believes Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition are decided by the arbitration provider as an administrative matter. A party asserting the same Claim as others through common or coordinated counsel waives any objection that joining all such persons is impracticable. The Agreement's procedures supplement those rules and, where they conflict, supersede them.
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If 25 or more Claimant Notices are received by a party that raise similar claims and have the same or coordinated counsel
will be treated as mass arbitrations according to the AAA
will be decided by the arbitration provider as an administrative matter
that party waives any objection that the joinder of all such persons is impracticable
and to the extent the procedures conflict with those Rules, to supersede them
Qualifications & exceptions
The trigger is 25 or more Claimant Notices with similar claims and the same or coordinated counsel.
The Agreement's procedures supersede the provider's rules where they conflict.
Not stated here
The AAA and NAM mass arbitration rules are referenced but not supplied here.
Legal Rights & Agreement Rules · Restriction or exception
Mass Arbitrations can be filed only through the Agreement's process, and limitation periods are paused meanwhile
Mass Arbitrations may be filed in arbitration only as the process set out in the Agreement permits. Applicable statutes of limitations are tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice is received by a party until the Agreement permits the Mass Arbitration to be filed in arbitration or court.
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Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below.
Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Mass Arbitration to be filed in arbitration or court.
Qualifications & exceptions
Tolling starts when a compliant Claimant Notice is received.
Legal Rights & Agreement Rules · Procedure
Only 20 test cases proceed first in a Mass Arbitration, and the rest are not filed and pay no fees yet
The bellwether process does not start until the claimants' counsel tells the other party in writing (email suffices) that all or substantially all the Claimant Notices have been submitted. Then counsel select 20 Mass Arbitrations to proceed as a bellwether, with each side choosing 10 claimants who gave compliant Claimant Notices, and only those selected Claims are deemed filed with the arbitration provider. The parties acknowledge that resolving some Mass Arbitrations will be delayed. The remaining Mass Arbitrations are not filed or deemed filed, and no arbitration fees are assessed for them, unless and until they are selected to be filed in individual arbitration proceedings. A single arbitrator presides over each bellwether Mass Arbitration, and only one is assigned to each arbitrator unless the parties agree otherwise.
Supporting quotations
The bellwether process set forth in this section will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted.
counsel for the parties will select 20 Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those selected Claims will be deemed filed with the arbitration provider.
The parties acknowledge that resolution of some Mass Arbitrations will be delayed by this bellwether process.
Any remaining Mass Arbitrations shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 16(i).
only those selected Claims will be deemed filed with the arbitration provider
A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of the bellwether process unless the parties agree otherwise.
Qualifications & exceptions
Claimants outside the selected 20 wait, with no filing and no fees assessed, unless and until selected.
Limitation periods are tolled during this wait under the tolling rule.
Legal Rights & Agreement Rules · Procedure
After the first test cases, Nintendo pays for a mediation, then a second round of 35 cases and another mediation
Once the bellwether arbitrations conclude (or sooner if the claimants and the other party agree), counsel must take part in a single mediation of all remaining Mass Arbitrations, with the mediator's fee paid for by Nintendo. Counsel must agree on a mediator within 30 days after the last bellwether arbitration ends, failing which the arbitration provider appoints one. If any remain unresolved after the mediation, the arbitrator randomly selects 35 Mass Arbitrations (or all remaining if fewer than 35) from claimants with compliant Claimant Notices to proceed as a second bellwether, and only those selected Claims are deemed filed, each with its own arbitrator. After the second bellwether, counsel must take part in a second single mediation of all remaining Mass Arbitrations, if any, again with Nintendo paying the mediator's fee and the same 30-day mediator selection.
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counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, with the mediator
fee paid for by Nintendo
Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the final initial bellwether arbitration.
If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter.
the arbitrator will randomly select 35 Mass Arbitrations (or the total remaining Mass Arbitrations if fewer than 35) to proceed in arbitration as a second bellwether process
only those selected Claims will be deemed filed with the arbitration provider
counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations, if any, with the mediator
Qualifications & exceptions
Nintendo pays the mediator's fee for both mediations.
A mediator is appointed by the arbitration provider if counsel cannot agree within 30 days.
Legal Rights & Agreement Rules · Restriction or exception
If 100 or more Mass Arbitrations remain after the second mediation, either side may elect to go to court as a class
If the second mediation ends with 100 or more Mass Arbitrations unresolved, any party to the remaining Mass Arbitrations may elect to stop the arbitration requirement applying to those for which the other party received a compliant Claimant Notice and that were not resolved in the bellwether proceedings. The election must be communicated in writing (email suffices) to opposing counsel within 30 days of the mediation concluding. Released Mass Arbitrations must be resolved under Section 18 (Washington law, King County courts). If they are brought in court, claimants may seek class treatment, but to the fullest extent the law allows, the classes may include only claimants in Mass Arbitrations with a compliant Claimant Notice received by the other party. Any party may contest class certification at any stage and on any available basis.
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If the mediation process set forth in the immediately preceding paragraph regarding the second mediation concludes with 100 or more Mass Arbitrations remaining unresolved
any party to the remaining Mass Arbitrations may elect to no longer have the arbitration requirement in this Section 16 apply
must be communicated in writing (email suffices) to counsel for the opposing party within thirty (30) days of the mediation concluding
must be resolved in accordance with Section 18
claimants may seek class treatment
the classes sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the other party
Any party may contest class certification at any stage of the litigation and on any available basis.
Qualifications & exceptions
The election right arises only if 100 or more Mass Arbitrations remain unresolved after the second mediation.
The election is effective only if made in writing to opposing counsel within 30 days of the mediation concluding.
Otherwise remaining Mass Arbitrations proceed in batches of 35, and courts can enforce the process
If fewer than 100 Mass Arbitrations remain after the mediation, or no party makes a timely election, the arbitrator randomly selects 35 Mass Arbitrations (or all remaining if fewer than 35) to proceed as a batch, choosing from eligible Claims with compliant Claimant Notices, and only those selected Claims are deemed filed. Each has a single arbitrator, with only one assigned to each arbitrator unless the parties agree otherwise. When the batch is complete the parties repeat the batch process until all remaining Mass Arbitrations have been arbitrated. Courts may enforce the bellwether and mediation processes and may enjoin lawsuits or arbitration demands not made in compliance with them.
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If the mediation process concludes with fewer than 100 Mass Arbitrations remaining or if no party makes a timely election as provided for in the preceding paragraph
the arbitrator will randomly select 35 Mass Arbitrations (or the total remaining Mass Arbitrations if fewer than 35) to proceed in arbitration as a batch
A single arbitrator will preside over each Mass Arbitration chosen for the batch
the parties will repeat the batch process in this paragraph until all remaining Mass Arbitrations have been arbitrated
Courts will have authority to enforce the bellwether and mediation processes defined in this section
may enjoin the filing of lawsuits or arbitration demands not made in compliance with it
Qualifications & exceptions
Batches repeat until every remaining Mass Arbitration has been arbitrated.
A court can block a filing that does not follow the bellwether and mediation process.
Legal Rights & Agreement Rules · Procedure
To opt out of arbitration, send a written notice with names, contact details and your account email within 30 days
You may opt out of the arbitration requirement by sending written notice to Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052, within 30 days of first agreeing to be bound by the Agreement. The notice must include the name of each person opting out, contact information for each, and the email address registered to your Nintendo Account. If you send a timely notice with that information, the arbitration requirement does not apply to you or Nintendo and Claims are settled individually under Section 18. If you do not send such notice, you agree to be bound by the arbitration requirement.
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by sending written notice of your decision to opt out to the following address: Nintendo of America Inc., Attn: CS Admin, 4600 150th Ave NE, Redmond, WA 98052
within 30 days of the date on which you have first agreed to be bound by this Agreement pursuant to its terms
Such notice must include the name of each person opting out, contact information for each such person, and the email address registered to your Nintendo Account.
then the arbitration requirement in this Section 16 will not apply to you or Nintendo and the parties will settle any Claims on an individual basis in accordance with Section 18
If you do not send such notice, then you agree to be bound by the arbitration requirement in this Section 16.
Qualifications & exceptions
The 30 days run from first agreeing to be bound by the Agreement.
Silence means you are bound by the arbitration requirement.
Legal Rights & Agreement Rules · Restriction or exception
Unenforceable parts are cut out, local law limits apply, and Nintendo not enforcing a term is not a waiver
If any part of the Agreement is found unlawful, void or unenforceable, that part is severed and the rest remains in force. If the law where you live limits how a provision applies to you, it still applies to the fullest extent the law permits. If Nintendo does not enforce a provision, that is not a waiver of its rights, and any waiver must be in a written document signed by an authorized Nintendo representative.
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that part will be severed from this Agreement and the remainder of the Agreement will remain intact
such provision shall remain applicable to you to the fullest extent permitted by applicable law
If we do not enforce any provision of this Agreement, that will not be considered a waiver of our rights.
Any waiver of this Agreement must be in a written document signed by an authorized representative of Nintendo.
Qualifications & exceptions
Only a signed written document from an authorized Nintendo representative is a waiver.
Legal Rights & Agreement Rules · Context
Washington State law governs the Agreement and all Claims
The Agreement and all Claims, including any claims Nintendo has that you have violated its intellectual property rights, are governed, construed and interpreted under the laws of the State of Washington, U.S.A., except for its conflict of law rules.
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This Agreement and all Claims
including any claims Nintendo has that you have violated its intellectual property rights
shall be subject to and governed by, construed, and interpreted in accordance with the laws of the State of Washington, U.S.A., except for its conflict of law rules
Qualifications & exceptions
Washington's conflict of law rules are excluded.
Legal Rights & Agreement Rules · Restriction or exception
Claims that are not arbitrated or small claims go to courts in King County, Washington
Claims that are not subject to arbitration under Section 16 and cannot be heard in small claims court are resolved exclusively in the state and federal courts located in King County, Washington, U.S.A. You and Nintendo waive any objection to venue in those courts.
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All Claims not subject to arbitration pursuant to Section 16 and that cannot be heard in small claims court
will be resolved exclusively in the state and federal courts located in King County, Washington, U.S.A.
You and Nintendo waive any objection to venue in the courts identified in this Section 18.
Qualifications & exceptions
Applies only to Claims not subject to arbitration and not heard in small claims court.
Apple device users: the Agreement is with Nintendo, not Apple, and Section 20 wins any conflict
Section 20 applies to users who use any Nintendo Account Services on smart device operating systems provided by Apple, Inc. If it conflicts with the rest of the Agreement, Section 20 applies. You acknowledge that the Agreement is concluded solely between you and Nintendo, not Apple, and that Nintendo, not Apple, is solely responsible for the Nintendo Account Services and their content.
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This Section 20 applies to users who use any Nintendo Account Services on smart device operating systems provided by Apple, Inc.
In the event of conflict between this Section 20 and the Agreement, this Section 20 shall apply.
this Agreement is concluded solely between you and Nintendo, and not with Apple
Nintendo, not Apple, is solely responsible for the Nintendo Account Services and the content thereof.
Qualifications & exceptions
Applies only to Nintendo Account Services used on Apple-provided operating systems.
Legal Rights & Agreement Rules · Restriction or exception
Apple takes no warranty or claim responsibility and only refunds the price; Nintendo disclaims all warranties
You acknowledge that Apple is not responsible for any product warranties for the Nintendo Account Services. If the services downloaded from Apple fail to conform to an applicable warranty, you may notify Apple, which will refund any purchase price paid to Apple, and Apple will have no other warranty obligation to the maximum extent the law allows. Any other claims, losses or costs from such a failure would be Nintendo's sole responsibility, but Nintendo has disclaimed all warranties of any kind, so the Agreement says no warranties apply. Apple also bears no responsibility for claims by you or a third party about your possession or use of the services, including product liability, non-compliance with law, consumer protection or privacy legislation, and intellectual property infringement.
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You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Nintendo Account Services.
you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Nintendo Account Services by you
would be the sole responsibility of Nintendo
Nintendo has disclaimed all warranties of any kind with respect to the Nintendo Account Services, and therefore, there are no warranties applicable to the Nintendo Account Services
Apple bears no responsibility for any claims by you or a third party related to your possession or use of the Nintendo Account Services
(1) A claim of product liability
(2) A claim that the Nintendo Account Services do not comply with applicable law and regulations
(3) A claim based on any consumer protection, privacy, or similar legislation
(4) A claim by you or a third party that the Nintendo Account Services or the use of the Nintendo Account Services by you infringes the intellectual property rights of you or a third party.
Qualifications & exceptions
The refund covers only the purchase price, if any, paid to Apple.
The Agreement states that no warranties apply because Nintendo has disclaimed them all.
Applicable law may limit these statements.
Legal Rights & Agreement Rules · Restriction or exception
Nintendo Co., Ltd. of Japan provides the services; you promise you are not in an embargoed country
For Apple device users, the Agreement states the Nintendo Account Services are provided by Nintendo Co., Ltd., headquartered in Kyoto, Japan, and refers you to Section 19 for contact information. You represent and warrant that you are not located in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government, and that you are not on any U.S. Government list of prohibited or restricted parties.
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The Nintendo Account Services are provided by Nintendo Co., Ltd., headquartered at 11-1 Hokotate-cho, Kamitoba, Minami-ku, Kyoto 601-8501, Japan.
You represent and warrant that you are not located in a US export-embargoed country or a country designated as a State Sponsor of Terrorism by the United States government
you are not on any U.S. Government list of prohibited or restricted parties
Qualifications & exceptions
The statement and promise sit in the Apple-device section of the Agreement.
Legal Rights & Agreement Rules · Permission or license
Apple and its subsidiaries can enforce the Agreement against you as third-party beneficiaries
You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of the Agreement, and that by acknowledging its provisions Apple has the right, and is deemed to have accepted the right, to enforce the Agreement against you as a third-party beneficiary.
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Apple and Apple's subsidiaries are third-party beneficiaries to this Agreement
Apple has the right (and will be deemed to have accepted the right) to enforce this Agreement against you as third-party beneficiary
Qualifications & exceptions
Stated in the section for users of Apple-provided operating systems.
Legal Rights & Agreement Rules · Restriction or exception
People who are not parties to the Agreement get no rights under it, except as it expressly states
Except as the Agreement expressly provides, it does not give any right, now or in the future, to anyone who is not a party to it.
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Except as expressly stipulated by this Agreement
this Agreement does not confer, and is not intended to confer, any right on any person, existing now or in the future, who is not a party to this Agreement
Qualifications & exceptions
The Agreement's express provisions, such as Apple's third-party beneficiary rights, are the exception.