Network Services Agreement

Our customer service is available to address any concerns about your network account or network services. You can contact them by phone at 1-800-255-3700, email or mail to Nintendo of America Inc., Attn: User Agreement, 4600 150th Ave NE, Redmond, WA 98052 USA. Most issues are resolved quickly in this way to the satisfaction of our customers. All issues that we cannot resolve and any disputes or claims arising from or related to this agreement, including its constitution, its applicability, performance or violation (a “debt”), with the exception of the matters described in Section 12 C, is definitively governed by a binding arbitration procedure managed by the American Arbitration Association in accordance with the provisions of its commercial regulations and the complementary procedures for consumer litigation of the American Arbitration Association (AAA), with the exception of rules or procedures governing or authorizing class actions. The arbitrator, not all federal, regional or district courts, or an agency, has the exclusive power to resolve all claims. The arbitrator has the power to grant any discharge that would be available before a court in accordance with the law or justice. The arbitrator`s award is binding on the parties and can be registered as a judgment in any competent court. The parties understand that in the absence of this mandatory provision, they would have the right to take legal action and proceed to a jury trial. They also understand that, in some cases, the cost of the arbitration process may exceed the cost of litigation and that the right to discovery in the arbitration process may be more limited than in court.

Such an arbitration procedure is implemented by the parties only in their individual possibilities and not as a class action or other representative action, and the parties waive their right to bring a class action or to seek a class exemption. When a court or arbitrator finds that the waiver of the group action in the previous sentence is, for whatever reason, nulligie or unenforceable, or that class-based arbitration proceedings can be conducted, the arbitration provision in this section 12 is deemed invalid and the parties do not agree to arbitrate the claims. Please note that third-party game, app and content provider providers may collect, use and disclose your child`s personal data about our products and services when your child uses third-party services or content. Nintendo is not responsible for the privacy practices of these third parties, and we recommend that you check their privacy guidelines before your child provides or exchanges personal data on third-party services or content.