TERMS OF SERVICE AGREEMENT
Effective Date: May 11th, 2020
Last Updated: March 12th, 2021
PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE AGREEMENT AND ENSURE YOU UNDERSTAND THEM COMPLETELY. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE FOLLOWING TERMS AND CONDITIONS BEFORE UTILIZING OUR SITE AND/OR SERVICES. BY ACCESSING OUR SITE AND/OR UTILIZING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR PRESENT ELECTRONIC FORMAT. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT, PLEASE DO NOT ACCESS OUR SITE OR UTILIZE OUR SERVICES.
I. ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship between ChessGuides, LLC (“ChessGuides”) and all of our users, customers, prospective customers and others who may interact or interface with ChessGuides through access to and utilization of the ChessGuides’ website, chessguides.org (the “Site”), and its Services, which are defined and outlined below.
II. DESCRIPTION OF SERVICES OFFERED
Definition of “user.” For purposes of ease and clarity, all visitors who access, interact, or interface with our Site are referred to as “users” throughout the remainder of this Terms of Service Agreement.
General description of Services. The Site serves as an interactive online chess club suitable for individuals of all ages. The Site provides the following Services:
a) Group online chess classes. A group is defined as one to 25 (twenty-five) individuals per session receiving instruction from one or more chess guides. Each class session is 90 minutes in length.
b) Private group online chess classes. Private tutoring is by appointment only. It involves chess instruction by a single chess guide with two to five individuals selected by the individual who requests the appointment. Each class session is 75 minutes in length unless otherwise specified by the individual who requests the appointment. Appointments will be subject to guide availability.
c) Individual online chess classes. Individual tutoring is by appointment only. It involves one-on-one chess instruction with a single guide and a single individual. Each class session is 75 minutes in length unless otherwise specified by the individual who requests the appointment. Appointments will be subject to guide availability.
d) Chess tournaments hosted on third-party platforms (e.g. Chess.com).
e) Links to external websites for additional chess activities, educational resources, and other chess-related content.
Services are the sole property of ChessGuides. The user acknowledges, understands and agrees that the Services provided by ChessGuides and made available through our website or our social media networking sites are the sole property of ChessGuides. At its discretion, ChessGuides may offer additional website Services and/or products, or update, modify or revise any current content and Services. This Terms of Service Agreement will apply to any additional Services and/or products and any updated, modified or revised Services unless otherwise stated.
Modification and cancellation of services. ChessGuides reserves the right to cancel and cease offering any of the Services on our Site at any time and for any reason. You acknowledge, understand and agree that ChessGuides will not be held liable for any updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services and/or products provided by ChessGuides after any updates, changes, and/or modifications will constitute your acceptance of the updates, changes and/or modifications. Accordingly, you should regularly review this Terms of Service Agreement and all applicable terms, conditions, and policies to ensure that you understand and are aware of all of ChessGuides’ most up-to-date terms and conditions. If you do not acknowledge, understand and agree to the updated, revised or modified terms and conditions, you must not access our Site and/or utilize ChessGuides’ Services.
Services provided on an “as is” basis. The user further acknowledges, understands and agrees that the Services offered by ChessGuides are provided on an “AS IS” basis. Accordingly, ChessGuides will not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
III. TERMINATION OF USER ACCESS FOR UNLAWFUL OR INAPPROPRIATE ACTIONS
Unlawful actions or behavior. Through the use of our Site, you agree to comply with all local, state, and federal rules, regulations, statutes, and laws relating to online conduct and acceptable content.
Inappropriate actions or behavior toward other ChessGuides’ users. ChessGuides maintains high standards of ethical conduct and requires that all users accessing our Site, utilize our Services in a responsible manner and are respectful toward fellow users, as well as guides. ChessGuides’ commitment to maintaining high standards allows us to retain great guides, create extraordinary Services, and attract loyal users. Accordingly, by accessing our Site, you agree that you will refrain from using obscenities; discriminating, harassing, or bullying other users in any manner; using threats of violence; providing false information; impersonating other persons or entities or misrepresenting your affiliation with other persons or entities; and partaking in any other conduct which may be harmful or objectionable to other users while utilizing our Services. You as the user agrees that you will not post, advertise, brand, promote, or otherwise publicize other content, materials, or services on behalf of yourself or a third party on our Site. The user further agrees that you will not try to gain unauthorized access to other computer systems through our Site. ChessGuides denounces such actions and behavior and reserves the right to take punitive action against users who violate this Terms of Service Agreement by indefinitely suspending or permanently terminating the user’s access to our Site and utilization of our Services at any time, with or without notice.
Inappropriate actions or behavior toward guides. By accessing our Site, you agree that you will treat our online guides with respect and refrain from using obscenities; discriminating, harassing, or bullying guides in any manner; using threats of violence; providing false information; impersonating other persons or entities or misrepresenting your affiliation with other persons or entities; and partaking in any other conduct which may be harmful or objectionable to the guide while utilizing our Services. You agree that you will not disclose any information to your guide that could be considered personally identifiable information, such as your full name, address, telephone number, email address, social security number, or any other information that could be used to identify or locate you. You also agree that you will not solicit any personally identifiable information from any guide. ChessGuides denounces such actions and behavior and reserves the right to take punitive action against users who violate this Terms of Service Agreement by indefinitely suspending or permanently terminating the user’s access to our Site and utilization of our Services at any time, with or without notice.
Honesty and candor. You acknowledge, understand and agree that ChessGuides holds all users to a high ethical standard and expects the user to exhibit honesty and candor at all times when accessing our Site and utilizing our Services. By accessing our Site, you agree that you will not attempt to hack, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with our Site or our Site’s products, services, or content.
ChessGuides also provides opportunities for users to engage in chess tournaments and other chess play activities. Thus, it is of the utmost importance that users refrain from utilizing and participating in any forms of cheating, deception, or other unfair or unsportsmanlike conduct. By partaking in activities that involve the ratings or rankings of users on our Site, you agree not to utilize any form of extraneous or outside assistance which may give a user tactical advantage while playing in any of ChessGuides’ tournaments, games, or other rank-influencing activities. Extraneous or outside assistance may include, but is not limited to, receiving help or aid from another person, using computer chess engines or any other chess analysis tools or artificial intelligence, chess articles, blogs, books, or other printed chess resources, chess websites, or any other material, resource, or content that could give the user an advantage over other users. The user agrees to rely solely on the user’s own knowledge and skill during these activities. Failing to adhere to this honesty policy may result in the investigation of a user’s game play and permanent or indefinite revocation of a user’s access to ChessGuides’ tournament, chess play, and other rank-influencing Services.
Termination of Site access. ChessGuides reserves the right to permanently terminate or indefinitely suspend your access to and use of the Site for violations of any rule, regulation, statute, or law relating to online conduct and acceptable content, and/or for taking any actions or exhibiting any behaviors which ChessGuides’ deems objectionable, inappropriate, unlawful, or harmful at any time, with or without notice. If the user has already signed up for a tutoring term and the user’s Site access is suspended or terminated for violation of these Terms and Conditions before the completion of that term, the user will be responsible to ChessGuides for making payment for the remainder of that term in accordance with the payment contract formed between the user and ChessGuides. ChessGuides has no obligation to provide refunds or reimbursements to users whose Site access is terminated or suspended for objectionable, inappropriate, unlawful or harmful conduct.
IV. PROPRIETARY RIGHTS
You acknowledge, understand and agree that ChessGuides’ Services and any software that may be used in connection with our Services contain proprietary information that is protected by intellectual property and other applicable laws. Access and utilization of our Site and our Services does not grant you ownership of any content, software, data or materials you may access on the Site. ChessGuides has granted you personal, non-transferable and non-exclusive rights and/or license to make use of our Site and our Services, as long as you do not allow any third party to duplicate, alter, modify, create or plagiarize work from, sell, assign, sublicense and/or grant a security interest in our Site, Software, or Services. You also agree not to access or attempt to access our Services through any means other than through the interface which is provided by ChessGuides for use in accessing our Services.
V. COPYRIGHT AND TRADEMARK INFORMATION
Copyright infringement. ChessGuides works hard to respect the intellectual property rights of other individuals and entities, and requests that other individuals and entities respect the intellectual property rights of ChessGuides. If you believe that any of the content, products, or Services on our Site or any of the links to other websites and/or resources provided on our Site violate or infringe your Copyright, you are asked and encouraged to contact ChessGuides through any of the means provided in the “Contact Us” section of our Site. In response, ChessGuides will remove the infringing content and/or disable links to the infringing content as required by law. ChessGuides reserves the right to terminate access to any user who posts content or external links to our Site in violation of any copyrights at any time, with or without notice.
Trademark information. You acknowledge, understand and agree that all of the ChessGuides’ trademarks, copyright, trade name, service marks, and other ChessGuides’ logos and any brand features, and/or product and service names are the property of ChessGuides. You agree not to display and/or use the ChessGuides’ logo or marks in any manner without obtaining ChessGuides’ prior written consent.
VI. PAYMENT STRUCTURE
Method of payment. ChessGuides only accepts payment through third-party entities: Stripe and PayPal. ChessGuides offers a number of payment and membership plans, which can be found on our Site. These membership plans include Starter Membership, Family Membership, Full Membership, Premier Membership and Competitor’s Ticket. Please ensure that you review our Subscriber Agreement prior to purchasing one of these membership options.
Reimbursements/Refunds. ChessGuides’ Site and Services are provided on an “as is” basis, and accordingly, ChessGuides expressly disclaims any guarantees or warranties regarding its Services and products. Once payment is made for any of our Service plans, ChessGuides has no obligation to reimburse or refund any user for any reason. This includes reimbursements or refunds to any user whose access to the Site and use of our Services has been terminated or suspended for inappropriate, objectionable, unlawful, or harmful conduct. ChessGuides will similarly not offer reimbursements or refunds to any user whose Site access is terminated or suspended for violation of any of ChessGuides’ Terms and Conditions.
IF THERE IS ANY LANGUAGE ON OUR SITE CONTRARY TO THIS REIMBURSEMENTS/REFUNDS POLICY AND THERE IS A QUESTION AS TO WHICH LANGUAGE GOVERNS, THIS REIMBURSEMENTS/REFUNDS POLICY GOVERNS.
Cancellation. A subscriber may cancel his/her membership/subscription at any time. If the subscriber cancels his/her membership/subscription prior to the end of the subscription period, the subscriber will be still be billed for the entirety of the subscription period, as month-to-month subscriptions (e.g. month-to-month starter memberships, full memberships, premier memberships) are billed in full at the start of the subscription period.
PLEASE BE ADVISED, these cancellation rules do not apply to annual memberships. THERE IS A NO CANCELLATION POLICY FOR ANNUAL MEMBERSHIPS. IF AN ANNUAL MEMBERSHIP SUBSCRIBER CANCELS HIS/HER ANNUAL MEMBERSHIP AT ANY TIME PRIOR TO THE COMPLETION OF THE 12-MONTH SUBSCRIPTION PERIOD, THE SUBSCRIBER WILL BE RESPONSIBLE FOR HALF OF THE REMAINING SUBSCRIPTION BALANCE WHICH WILL BE BILLED TO THE SUBSCRIBER’S CREDIT CARD AT THE TIME OF CANCELLATION.
All subscriptions are auto-renewed at the initial membership level until cancelled by the subscriber. You must cancel your subscription before it automatically renews at the start of the next subscription period in order to avoid billing of subscription fees for the renewal term to your credit card.
IF THERE IS ANY LANGUAGE ON OUR SITE CONTRARY TO THIS CANCELLATION POLICY AND THERE IS A QUESTION AS TO WHICH LANGUAGE GOVERNS, THIS CANCELLATION POLICY GOVERNS.
All users agree to insure and hold ChessGuides, its affiliates, agents, employees, officers and/or partners blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorneys fees made by any third party which may arise from any content a user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of ChessGuides’ Services or your connection with these Services, your violations of the Terms of Service Agreement and/or your violation of any such rights of another person. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
VIII. REUSE OF SERVICES FOR COMMERCIAL PURPOSES PROHIBITED
The user agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our Site. Any commercial distribution, publishing or exploitation of our Site, or any content, software, data, or materials on our Site, is strictly prohibited. Except as expressly permitted by these Terms and Conditions or by law, you may not download, display, copy, reproduce, distribute, modify, transfer, sell or otherwise exploit any content, software, data, or materials on our Site or any materials or content related to our Services even if the materials or content are not accessed through our Site. If you improperly use our Site, we may enforce our intellectual property and other rights to the fullest extent of the law, including seeking criminal prosecution.
Without limitation to any representations or warranties contained herein, ChessGuides reserves the right at any time it deems appropriate, to modify, alter and/or discontinue, whether temporarily or permanently, our Services, or any part of our Service, with or without notice. We will not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part of our Services.
X. EXTERNAL CONTENT
Either ChessGuides or any third parties may provide links to other websites and/or resources. Thus, you acknowledge, understand and agree that we are not responsible for the availability of any such external sites or resources. Due to the fact that ChessGuides is unable to review all of the content which may be posted on our Site or linked to on our Site, ChessGuides does not endorse nor are we responsible or liable for any content, products, advertising or other materials, on or available from third party sites or resources. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
XI. SITE CONTENT
Responsibilities of user. ChessGuides does not and cannot review all materials, links, resources, and other content posted on or suggested by our Site, including any software, and thus, ChessGuides does not endorse nor is responsible for any of the content posted, whether by users, third parties, authorized personnel, or other individuals or entities. ChessGuides provides no assurances, guarantees, or warranties that all content posted on our Site is accurate, helpful, or safe. Our Site may contain typographical errors, inaccuracies, inoperable or unsafe links, or other material and content that may be objectionable. By accessing our Site and the material, content, software, and resources contained on it, you agree to assume the sole responsibility for protecting yourself and your computer system from harmful content such as viruses, malware, or other destructive or harmful items which may occur from accessing our Site or downloading or accessing external content. ChessGuides expressly disclaims any responsibility for any harm resulting to users from use of our Site and/or Services.
Users must adhere to all local, state, and federal laws regarding intellectual property, copyright, trademark, and other applicable laws when utilizing our Services and posting comments and/or content to our Site. The user will be wholly liable and responsible for any comments and/or content posted to our Site.
Private or sensitive information. We may make messaging, blogs, and other forums for communication available on our Site. It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, on our Site and elsewhere on the Internet, which can be accessed by any number of individuals for an indefinite period of time. It is important that you are careful about the personal information you disclose about yourself and others, as many individuals and entities can access that information, and you will have no control over who accesses this information nor how it may be used. Accordingly, you should not disclose sensitive, proprietary, or confidential information in your comments to any of our forums of communication.
XII. DISCLAIMER OF WARRANTIES
You expressly acknowledge, understand and agree that:
a) The use of ChessGuides’ Services and Software are at the sole risk by you. Our Services and Software are provided on an “as is” and/or “as available” basis. ChessGuides and our officers, directors, employees, agents, contractors, affiliates, and partners expressly disclaim any and all warranties of any kind whether expressed or implied, including but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
b) ChessGuides and our officers, directors, employees, agents, contractors, affiliates, and partners make no such warranties that (i) ChessGuides’ Services will meet your requirements; (ii) ChessGuides’ Services will be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of ChessGuides’ Services will be accurate or reliable; (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our Services of Software will meet your expectations; and (v) that any such errors contained in the Software shall be corrected.
c) Any information or material downloaded or otherwise obtained by way of ChessGuides’ Services should be access by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
d) No advice and/or information, whether written or oral, that may be obtained by you from ChessGuides or by way of or from our Services will create any warranty not expressly stated in this Terms of Service Agreement.
XIII. LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CHESSGUIDES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, AND PARTNERS ARE NOT LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES, LOST BUSINESS OR LOST SALES, AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
In the event you have a dispute, you agree to release ChessGuides (and its officers, directors, employees, agents, contractors, affiliates, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
XV. EXCLUSION AND LIMITATIONS
There are some jurisdictions which do not allow the exclusion of certain warranties or the limitation of exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of warranty disclaimers and limitations of liability may not apply to you.
XVI. THIRD PARTY BENEFICIARIES
You acknowledge, understand and agree, unless otherwise expressly provided in this Terms of Service Agreement, that there will be no third-party beneficiaries to this agreement.
XVII. GENERAL INFORMATION
Entire agreement. This Terms of Service Agreement comprises the entire agreement between you and ChessGuides concerning the subject matter of this Terms of Service Agreement. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. We may assign these Terms and Conditions to any person or entity without your consent. You may not assign these Terms and Conditions without our prior written consent.
You may also be subject to additional terms and conditions that may apply when you use or purchase certain other ChessGuides Services, affiliate Services, third-party content or third-party software.
Choice of law and forum. It is the mutual agreement between you and ChessGuides that the relationship between the parties will be governed by the laws of the State of Florida without regard to its conflict of laws provisions and that any claims, causes of action and/or disputes, arising out of or relating to the Terms of Service Agreement, or the relationship between you and ChessGuides, will be filed in the courts having jurisdiction within the County of Miami-Dade, Florida or the federal courts located in said state. You and ChessGuides agree to submit to the jurisdiction of these courts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and severability of terms. At any time, should ChessGuides fail to exercise or enforce any right or provision of the Terms of Service Agreement, such failure will not constitute a waiver of such right or provision. If any provision of this Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service Agreement remain in full force and effect.
Changes to terms and conditions. We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
Statute of limitations. You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to accessing our Site, the use of our Services, or our Terms of Service Agreement must be filed within two (2) years after the claim or cause of action accrued or the claim or cause of action will be forever barred.
This Terms of Service Agreement was adapted from a TOS provided for public use by FormSwift.