User Agreement

Effective date: December 28, 2020

Put simply: respect others, respect the law, and enjoy yourself!

You must carefully read this User Agreement in its entirety before using our Service. This is a legally binding Agreement between you and Chess.com. It incorporates the Fair Play Policy, Privacy Policy, Subscriber Agreement, and Community Policy.

By using our service you agree to the terms in this User Agreement. If you do not agree, then you should not use our Service.

To enter into this Agreement, you must be an adult of legal age in your state or country of residence. If you enter into this Agreement, then you are affirming that you have reached the legal age of majority in your jurisdiction and we are permitted to reasonably rely on that. If you are not of legal age, then your parent or legal guardian must consent to this Agreement.

All of these policies may be updated or modified from time to time; so you should check this page regularly to look for any changes. If you continue to use our service, then you are telling us that you continue to agree to any changes to these policies.

YOU SHOULD TAKE PARTICULAR NOTICE THAT THIS AGREEMENT INCLUDES THE FOLLOWING PROVISIONS: (1) AN ARBITRATION CLAUSE; (2) A WAIVER OF YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT AGAINST US; (3) AND A RELEASE OF ALL CLAIMS AGAINST US THAT MAY ARISE OUT OF YOUR USE OF OUR SERVICE.

Arbitration, Controlling Law, and Jurisdiction

READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you have any dispute with Chess.com that relates in any way to these Terms of Service or from access to or use of our Service, then both of us agree to pursue a resolution in the following manner:

1. Informal Resolution

You will first contact us at https://support.chess.com/ to give us Notice of your dispute and attempt to resolve it with us informally. Your Notice must include your name, any relevant account name you use, your address, how to contact you, your problem, and what you want us to do. We will attempt in good faith to negotiate a resolution of the dispute for at least thirty (30) days from the date you first contact our support group. If we are unable to resolve the dispute informally, then we will pursue a resolution in the following manner:

2. Arbitration

The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to these Terms of Service.

Arbitration Procedure

You must deliver a Notice of Intent to Arbitrate by certified mail using the U.S. Postal Service to: Chess.com, Legal, 877 E 1200 S #970397, Orem, UT 84907. Your Notice must: (a) describe the nature and basis of your claim; and (b) set forth the specific relief you seek.

You then will submit any claim to final and binding arbitration with the American Arbitration Association (“AAA”), using its applicable Commercial Arbitration Rules and Consumer Arbitration Rules, as modified by this Agreement. The AAA Rules are found at http://www.adr.org.

The Arbitrator will be bound by this Agreement. AAA and the Arbitrator will conduct all phases of the proceeding in English. The Arbitrator will conduct the hearing virtually but, if the parties agree that an in-person hearing is necessary, then the Arbitrator will conduct the hearing either in Utah County, Utah or the county where you reside. You may choose between the two locations.

Any decision or award will include a written statement which sets forth the decision of each claim and the basis for the award, including the Arbitrator’s essential factual and legal findings and conclusions.

The Arbitrator may only award legal or equitable remedies that are requested by you or Chess.com to satisfy one of our individual claims (and which the Arbitrator determines are supported by credible relevant evidence). The Arbitrator may not award relief against Chess.com respecting any person other than you.

If necessary, either party may submit any arbitration decision or award to any court of competent jurisdiction to be enforced as a final judgment.

Arbitration Fees, Costs, and Attorney’s Fees

If you seek a remedy in the amount of $10,000 or less, then Chess.com will promptly reimburse your filing fee and your share, if any, of AAA’s arbitration costs, including arbitrator compensation (unless the arbitrator determines that your claims are frivolous or were filed for harassment). If you seek a remedy of more than $10,000 – or if the AAA Consumer Arbitration Rules do not apply – then AAA will split the arbitration costs, including arbitrator compensation, between you and Chess.com, according to the AAA Commercial Arbitration Rules.

The Arbitrator shall issue no arbitration award that requires one party to pay the attorney’s fees of the other, unless the Arbitrator finds that the party’s claims were frivolous or brought to harass the other.

Nothing in this section shall prevent either party from seeking relief either in small claims court (for eligible claims) or injunctive or other equitable relief from the civil courts for matters related to data security, intellectual property, or unauthorized access to the Service.

YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND CHESS.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION CLAIM.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.

If for any reason a dispute between you and Chess.com proceeds in court rather than in arbitration, then the laws of the State of Utah and the FAA will govern, without regard to or application of any conflict of law provisions or your state or country of residence.

Furthermore, any such dispute will be brought solely in the U.S. District Court located in Salt Lake County, Utah or the Utah State District Court in Utah County, Utah, United States. You consent to the jurisdiction of and venue in such courts and waive any objection that it is an inconvenient forum.

3. Alternative Dispute Resolution

If your dispute pertains to a Chess.com finding that you violated its Fair Play Policy then, if you do not wish to submit it for arbitration with AAA, you may choose to submit it, instead, for final and binding arbitration with a Fair Play Panel of Experts. This panel will conduct its hearing using AAA’s Consumer Arbitration Rules, as modified by the Arbitration provisions in Section 2 of this Agreement.

Chess.com will pay all of the fees and costs associated with this Fair Play Panel proceeding (except for your attorney’s fees). Both you and Chess.com will remain responsible for their own attorney’s fees under all circumstances, no matter who prevails in this proceeding.

The Fair Play Panel will consist of three persons chosen by you and Chess.com from a panel of candidates, each of whom is either a recognized expert in the field of chess cheat detection or has obtained (and currently holds) at least the title of Chess International Master.

Termination

You agree that Chess.com may, with or without cause, and without prior notice, immediately terminate your Chess.com account, any associated email address, and access to the Service. Chess.com may terminate with or without cause at any time and effective immediately, at Chess.com’s sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services.

Termination of your Chess.com account includes: (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), (c) barring of further use of the Service, (d) if you violate the Fair Play Policy, labeling your account as having been closed for violating the Fair Play Policy, as well as removing your profile avatar, name and personal information from the account (but retaining its username), (e) if you violate the Fair Play Policy while playing an event, the event organizer may disqualify you from the event due to your Chess.com account having been closed for a Fair Play Policy violation, and (f) if you violate the Community Policy, labeling your account as having been closed for abuse, as well as removing your profile avatar, name and personal information from the account (but retaining its username).

Further, you agree that all terminations shall be made in Chess.com’s sole discretion and that Chess.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

Account Limitations

Chess.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Chess.com's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Chess.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. Chess.com reserves the right to log off accounts that are inactive for an extended period of time.

Furthermore, with respect to the Fair Play Policy, Chess.com also may establish general practices and limits concerning the use of your account, including without limitation: monitoring your game data and behavior and, upon finding your behavior suspicious, restricting your game play, removing you from an event, or preventing you from joining an event.

Chess.com reserves the right to modify these general practices and limits from time to time.

Prizes

In the event that you win any Prize (monetary, or other) in any Competition (tournament, event, or other) on Chess.com, you hereby acknowledge and consent to Chess.com’s ongoing investigation of your games whether related or unrelated to those occurring within the Competition and that any judgement made as a determination of your eligibility to win any Prize or a disqualification thereof shall lie with Chess.com. Chess.com may, at its sole discretion, withhold any and all Prizes won in any Competition on our Site for any period of time pending investigation into your Games. Any decision by Chess.com regarding forfeiture, reduction or cancellation of Prizes in accordance with Chess.com’s Terms of Service shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.

By participating in any Competition you hereby agree to release, discharge and hold harmless our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees and agents, from any costs, expenses damages, losses claims, actions or proceedings brought by you (or any third party on your behalf) (“Claims”), as a result of your participation in the Competition and/or any Prize that may or may not be awarded to you as a result thereof and Chess.com fully excludes any liability in relation to any such Claims.

Chess.com shall not be liable to you for any failure to perform any of our obligations under the Competition or in respect of the Prize where Chess.com is unable to do so as a result of circumstances beyond our reasonable control.

You hereby agree to indemnify our company, its legal representatives, affiliates, subsidiaries, agencies and respective officers, directors, employees against all costs, losses, damages, expenses and liabilities (including for loss of reputation and goodwill and professional advisor fees) suffered by Chess.com arising as a result of a breach by you of your obligations under these Rules, the Chess.com Terms of Service, the Tournament Rules or the Special Terms or in connection with your failure to follow any instructions given by our team or in relation to any matter concerning your participation in a Competition.

In case of disputes or disagreements concerning any aspect of a Competition including but not limited to all matters relating to the awarding of the Prizes, an Entrant’s eligibility to participate in the Competition, the conduct of any Entrant, these Rules, the Chess.com Terms of Service, the Tournament Rules or the Special Terms, the final decision shall lie with our team and any decision by Chess.com shall be final and binding upon you and shall not be subject to review or appeal by you or any third party.

Member Conduct

You agree to not use the Service to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for Chess.com groups, clubs, blogs, or any other content on or off of Chess.com;
  • post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;
  • threaten violence against anyone else or advocate harming yourself;
  • "stalk" or otherwise harass another;
  • impersonate any person or entity, including, but not limited to, a Chess.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • access, tamper with, or use non-public areas of the Service, Chess.com's computer systems, or the technical delivery systems of Chess.com’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
  • intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
  • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Chess.com username), use of the Service, or access to the Service. You agree that your Chess.com account is non-transferable.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Chess.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Chess.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may unintentionally be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Chess.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You acknowledge that Chess.com may or may not pre-screen Content, but that Chess.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Chess.com and its designees shall have the right to remove any Content that violates these Terms of Service or is otherwise objectionable. Chess.com may remove any Content on the Service for any reason and may suspend or terminate users or reclaim usernames at any time without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Chess.com, its users, and the public.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Chess.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

Chess.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Chess.com the following worldwide, royalty-free, perpetual, irrevocable, transferable, non-exclusive license, with right of sublicense, to use, distribute, reproduce, modify, adapt, publish, translate, transmit, publicly perform and publicly display any Content you submit or make available for inclusion on publicly accessible areas of the Service and to incorporate such Content into other works in any format or medium now known or later developed.

Indemnity

You agree to indemnify and hold Chess.com and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Dealings With Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Chess.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Chess.com has no control over such sites and resources, you acknowledge and agree that Chess.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Chess.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Proprietary Rights

All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, are and will remain the exclusive property of Chess.com and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of Chess.com used herein are trademarks or registered trademarks of Chess.com. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. Chess.com reserves all rights not expressly granted in these Terms of Service.

Chess.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Chess.com for use in accessing the Service.

Trademark Information

All CHESS.COM trademarks and service marks and other Chess.com logos and product and service names are trademarks of Chess.com, LLC. Without Chess.com's prior permission, you agree not to display or use these trademarks in any manner.

Chess.com respects the intellectual property rights of others and expects users of the Service to do the same. Chess.com complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us. If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as a url);
  • your contact information, including your address, telephone number, and an email address;
  • a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe that your removed Content is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • your physical or electronic signature (with your full legal name);
  • identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
  • your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.

If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, in ten to fourteen business days or more after receipt of the counter-notice, at Chess.com’s sole discretion.

Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.

We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Chess.com may also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:

Chess.com, Legal
877 E 1200 S #970397
Orem, UT 84907

International Usage

This Service is provided by Chess.com from its offices in the United States of America. Chess.com makes no representation that the Service is appropriate or available in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CHESS.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE CHESS.COM WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
  • CHESS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE USED TO ACCESS OR PROVIDE THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CHESS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
  • A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CHESS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF CHESS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO CHESS.COM, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.

IF, FOR ANY REASON, A COURT FINDS CHESS.COM LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHESS.COM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Modifications to the Terms of Service

We may modify these Terms at any time, and we will update the most current version at www.chess.com. If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.

General Information

The Terms of Service constitutes the entire agreement between you and Chess.com and governs your use of the Service, superseding any prior agreements between you and Chess.com with respect to the Service. These Terms of Service are the entire and exclusive agreement between Chess.com and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between Chess.com and you regarding the Service (excluding any services for which you have a separate agreement with Chess.com that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you. Chess.com may freely assign these Terms of Service, and you expressly agree that any intellectual property rights licensed to Chess.com hereunder, including any rights to Content, are transferable to Chess.com’s assignee without your consent. The failure of Chess.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.