Terms of Service

Site Terms of Service

Last Updated: December 30, 2024

This Site Terms of Service Agreement ("Terms") governs your use of the CheckMyChess marketplace platform offered by Check My Chess LLC ("we", "us", or "CheckMyChess"), including our website (checkmychess.com and all subdomains thereof such as app.checkmychess.com), and the services we provide through them (collectively, the website, and services referred to as our "Site"). "You" refers to you as a user of the Site.

These Terms apply to users of, including visitors to, our Site. Use of our Site is also subject to our current Acceptable Use Policy. Your use of our Site as a Coach (defined below) is governed by the Coach Terms of Service. ("Coach Terms").

PLEASE READ THESE TERMS CAREFULLY. By using our Site or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree," etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site.

ARBITRATION NOTICE: Section 14 of these Terms contains provisions governing how claims that you and CheckMyChess have against each other are resolved, including any claims that arose or were asserted prior to the "Last Updated" date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and CheckMyChess to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 14: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

  1. CheckMyChess Marketplace

    By creating an account on our Site, you agree to provide true, accurate, current, and complete information. You agree not to create a Site account using a false identity or providing false information or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username, password, and/or other credentials used to access the Site. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

  2. CheckMyChess Videos

    1. Through our Site, you may order one or more player review videos (“CheckMyChess Videos") from titled chess players (each, a “Coach"). You may purchase a CheckMyChess Video from a Coach by providing a link to a player profile on an online platform that our Site supports.
    2. You acknowledge and agree that the Coach has sole discretion to determine how best to perform the review and the content of the CheckMyChess Video created. The Coach has up to three days (at our sole discretion), from the time that payment is received in full, to create and submit your CheckMyChess Video.
    3. CheckMyChess Videos are licensed, not sold. You are buying the right (or license) to use it, not the actual CheckMyChess Video itself.
    4. Subject to your payment in full, the Coach hereby grants to you the following limited rights to use the CheckMyChess Video solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that CheckMyChess Video, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
    5. You may not sell, resell, commercialize, or encumber your rights in any CheckMyChess Offering, except as agreed by CheckMyChess in advance in writing. You may sublicense your rights in a CheckMyChess Video only to the extent necessary for you to use the CheckMyChess Video as permitted under these Terms (for example, sharing it with friends on a social media platform).
    6. You may use a CheckMyChess Video only in accordance with these Terms, which includes our Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason. We reserve the right to remove a CheckMyChess Video from our Site at any time for any reason without any notice to you.

  3. Acknowledgement

    You acknowledge and agree that:

    1. CheckMyChess will not be liable or responsible for any CheckMyChess Video or other offering requested by you or any Submission (defined below) you make;
    2. you have no expectation of privacy with respect to any CheckMyChess Video requested by you or any Submission (defined below) you make, and that you will not make any request or Submission that infringes on the privacy or other rights of a third-party;
    3. the CheckMyChess watermark on each CheckMyChess Video must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any CheckMyChess Video or assist or encourage any third-party to do so; you further agree not to edit, change, modify, or create any derivative work of a CheckMyChess Video or assist or encourage any third-party to do so;
    4. if you breach any provisions of these Terms, we terminate your access to our Site, or we remove or ban you (or any Site account you created or control), your license to use any CheckMyChess Video, or other offering under these Terms, terminates and you must: promptly remove all copies of any CheckMyChess Video, or other offering, in your possession or control, including from any social media platform; notify any and all applicable third-parties of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each third-party; and
    5. without limiting any of our rights, any request you submit through our Site may be rejected by us or by a Coach; if that happens more than once, we may terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in CheckMyChess's sole discretion, including terminating your license to use any CheckMyChess Video or other offering under these Terms and requiring you to take the actions outlined in Section 3.d.

  4. Eligibility

    1. Age: You must be at least 13 years old (or, outside of the United States, the applicable legal age to enter into a contract) to use our Site.
    2. Eligibility Representations and Warranties: You represent and warrant that:
      1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
      2. you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
      3. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    3. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) 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 (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by CheckMyChess are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer CheckMyChess products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
    4. You will not use the Site or any CheckMyChess product or service for any partisan political purpose - including to promote or solicit contributions on behalf of your candidacy for public office, the candidacy of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for public office or political party.

  5. Fees and Payments

    1. Fees: The fee for a CheckMyChess Video or other offering is specified on the Coach's order page on our Site when you make your purchase. You agree to pay all amounts due in accordance with the payment terms in effect when you submit your order, including any applicable service, transaction, or processing fees.
    2. Currency: Transactions are settled in U.S. dollars ("USD"). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, CheckMyChess may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.
    3. Payment: You may purchase a CheckMyChess Video by using a valid payment card through the third-party payment provider we select. You must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that CheckMyChess does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a CheckMyChess Video and no refunds will be issued. By providing your payment information, you agree that CheckMyChess may place a pre-authorization hold and, after your request has been fulfilled, authorize the payment provider to immediately charge you for all amounts due and payable with no additional notice to or consent from you.
    4. CheckMyChess reserves the right (but is under no obligation) to cancel your order for any CheckMyChess Video or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our Site for any reason. CheckMyChess also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our Site or by other notice to you.
    5. Portion of Payment to Coach: Any payment for a CheckMyChess Video or any other offering, feature, or service on our Site, will be divided between CheckMyChess and Coaches as provided for in Section 3.b of the Coach Terms of Service.
    6. Payment Questions: If you have a question about a purchase made, please contact us at info@checkmychess.com. We have the sole discretion to determine how billing disputes between us will be resolved.
    7. Taxes: If your purchase obligates CheckMyChess to collect a sales tax, use tax, or any other equivalent tax ("Sales Tax") from you, CheckMyChess will collect Sales Tax in addition to the fee for your purchase. If you have not remitted applicable Sales Tax to CheckMyChess, you will be responsible for the payment of the Sales Tax (and any related penalties or interest) to the appropriate tax authority and you will indemnify CheckMyChess for any liability or expense CheckMyChess may incur in connection with the payment of Sales Taxes on your purchases. At CheckMyChess's request, you will provide reasonable assistance and documentation relating to the payment of Sale Taxes on your purchases from CheckMyChess (for example, official receipts issued by the appropriate tax authority confirming that you have paid all applicable taxes).

  6. Ownership

    1. You acknowledge and agree that each CheckMyChess Video or other offering from a Coach is owned by the Coach who created it.
    2. We or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel" of our Site, including all software, ideas, processes, data, text, media, and other content available on our Site (individually, and collectively, "CheckMyChess Content"); and (ii) our trademarks, logos, and brand elements ("Marks"). Our Site, CheckMyChess Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of the CheckMyChess Content, Marks, HTML/CSS, JavaScript, visual design elements, or concepts without our prior express written consent.
    3. You hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or modifications) of the following for the purposes of operating and providing our Site, developing and improving our products and services, and advertising, marketing, and promoting our Site and our products and services: (i) any request (video, text, audio, or otherwise) that you make or send to any Coach; and (ii) any submission that you make to CheckMyChess, whether through our Site, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, customer service request, Feedback (defined below), review, photo, video, email, text, audio, post, or other communication, whether relating to you, or a third party (i) and (ii) each, individually, and collectively, a “Submission"). You represent and warrant that you either: (x) own all rights to any Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in any Submission, to grant to us the foregoing rights. You will not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you do not wish to be disclosed. CheckMyChess will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you or a third party.
    4. We may, for any reason, refuse to accept or transmit a Submission or refuse to remove a Submission from our Site. Further, we reserve the right to decide whether a Submission violates these Terms and may, at any time, without notice to you and in our sole discretion, remove your Submission, terminate your access to our Site, remove or ban you (and any Site account you created or control), or take other appropriate action in our sole discretion for violation of these Terms.
    5. CheckMyChess desires to avoid the possibility of future misunderstandings if a project developed by any CheckMyChess Party (as defined below) may seem similar to your Submission. If your Submission consists of any idea, suggestion, proposal, plan, or other material related to our business (individually, and collectively, “Feedback"), you acknowledge and agree that you are submitting that Feedback at your own risk and that CheckMyChess has no obligation (including no obligation of confidentiality or privacy) with respect to that Feedback, and you grant to CheckMyChess a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of (for example, translations, adaptations, or other changes), and otherwise use and exploit in any manner (including commercially), any and all Feedback.
    6. You hereby waive any and all moral rights or "droit moral" that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, "droit moral," or other rights in Submission, including Feedback.

  7. Privacy

    Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

  8. Third-Party Content and Interactions

    1. Our Site may contain features and functionalities that link to or provide you with access to third-party content, that is completely independent of CheckMyChess, including CheckMyChess Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of CheckMyChess Videos and other offerings that allow interactions with third parties, including between Users, on CheckMyChess are the sole responsibility of the people involved in those interactions. CheckMyChess is not responsible for the content of the interactions you may have with third parties through CheckMyChess Videos or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Coach except as expressly permitted through our Site. You also agree that CheckMyChess may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with CheckMyChess if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each CheckMyChess Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".
    2. From time to time, an entity may be identified on a Coach's order page or be associated with the Coach elsewhere on our Site as a charitable organization or a recipient of funds that are being raised ("Charity"). For example, the Coach's order page may indicate that all or a portion of the Coach's revenue from a CheckMyChess Video will be given to the Charity. Those arrangements are strictly between the Coach and the Charity. CheckMyChess is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by CheckMyChess). Unless expressly stated, CheckMyChess does not control and makes no warranties about the Charity or any donation to the Charity.

  9. Links

    Our Site may contain links to social media platforms or third-party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

  10. Changes to our Site

    You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

  11. Termination and Reservation of Rights

    You may cancel your Site account at any time by contacting a member of the CheckMyChess team at info@checkmychess.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

  12. Indemnification

    You agree to indemnify, defend, and hold harmless CheckMyChess and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a "CheckMyChess Party," and collectively, "CheckMyChess Parties") from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys' fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our Site. CheckMyChess may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

  13. Disclaimers and Limitations on our Liability

    1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is" and “as available" basis. To the extent permitted by applicable law, the CheckMyChess Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
    2. In particular, the CheckMyChess Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the CheckMyChess Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
    3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any CheckMyChess Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a CheckMyChess Video, will create any warranty not expressly made by us.
    4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that CheckMyChess is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any CheckMyChess Party with respect thereto.
    5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any CheckMyChess Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not CheckMyChess has been advised of the possibility of such damages.
    6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by CheckMyChess from you during the 12 months preceding the claim giving rise to such liability.
    7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
    8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between CheckMyChess and you.

  14. Arbitration Agreement and Waiver of Certain Rights

    1. Arbitration: You and CheckMyChess agree to resolve any disputes between you and CheckMyChess through binding and final arbitration instead of through court proceedings. You and CheckMyChess each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and CheckMyChess relating to these Terms or our Site (each a “Claim," and collectively, “Claims"). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision will be in writing, will include the arbitrator's reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
    2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CheckMyChess will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
    3. No Preclusions: This arbitration agreement does not preclude you or CheckMyChess from seeking action by federal, state, or local government agencies. You and CheckMyChess each also have the right to bring any qualifying Claim in small claims court. In addition, you and CheckMyChess each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
    4. No Class Representative or Private Attorney General: You and CheckMyChess each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or CheckMyChess). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
    5. Severability/No Waiver/Survival: If any provision of this Section 14 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 14 will continue in full force and effect. No waiver of any provision of this Section 14 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 14 will survive the termination of your relationship with CheckMyChess.
    6. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to info@checkmychess.com. Your notice must include your name and address, any usernames, each email address you have used to submit your CheckMyChess Video orders or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    7. LIMITATIONS: This Section 14 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or CheckMyChess would have in court may not be available in arbitration.

  15. Other Provisions

    1. Force Majeure: Under no circumstances will any CheckMyChess Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any CheckMyChess Party.
    2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Baltimore, Maryland. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
    3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
    4. No Waiver or Amendment: The failure by CheckMyChess to enforce any right or provision of these Terms will not prevent CheckMyChess from enforcing such right or provision in the future and will not be deemed to modify these Terms.
    5. Assignment: CheckMyChess may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
    6. Miscellaneous: The term “including" in these Terms will be interpreted broadly and will mean “including, without limitation." Titles are for convenience only and will not be considered when interpreting these Terms.

  16. Changes to these Terms

    We may change these Terms. If we do, we will post the revised Terms on our Site and update the "Last Updated" date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

Coach Terms of Service

Last Updated: December 30, 2024

This Coach Terms of Service Agreement ("Terms") governs your use as a coach user of the CheckMyChess marketplace platform offered by Check My Chess LLC ("we", "us", or "CheckMyChess"), including our website (checkmychess.com and all subdomains thereof such as app.checkmychess.com), and services we provide (collectively, the website, and services referred to as our "Site"). "You" and "Coach" refer to you as a coach user of the Site.

These Terms apply solely to Coaches of our Site. Use of our Site is also subject to our current Acceptable Use Policy. Any use by you of our Site other than as a Coach is governed by the Site Terms of Service. ("Site Terms").

PLEASE READ THESE TERMS CAREFULLY. By using our Site as a Coach or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree," etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our Site as a Coach.

ARBITRATION NOTICE: Section 15 of these Terms contains provisions governing how claims that you and CheckMyChess have against each other are resolved, including any claims that arose or were asserted prior to the "Last Updated" date at the top of these Terms. It contains an arbitration agreement that will, with limited exceptions, require disputes between you and CheckMyChess to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement as described in Section 15: (1) you may pursue claims and seek relief against us only on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

  1. CheckMyChess Marketplace

    In order to participate on our Site, you must register for a coach account. By registering, you agree to provide true, accurate, current, and complete information about yourself as prompted by our registration form, as well as any other information reasonably requested by us (collectively, “Registration Data"), and maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your Site account and your use of our Site. By registering, you represent and warrant that: (A) you are at least 18 years old; (B) you are not barred from using our Site under the laws of the United States, your place of residence, or any other applicable jurisdiction; and (C) you are responsible for complying with all applicable laws and regulations relating to your Coach User's participation on our Site and will fully indemnify the CheckMyChess Parties (defined below) for any failure to do so. You agree not to create a Site account using a false identity or providing false information, on behalf of another person, or if you have previously been removed or banned from our Site. You are responsible for maintaining the confidentiality of your Site account information, including your username, password, and/or other credentials used to access the Site. You are responsible for all activities that occur on or in connection with your Site account and you agree to notify us immediately of any unauthorized access or use of your Site account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your Site account.

  2. CheckMyChess Videos

    1. A user of our Site ("User"), may order one or more profile review videos (“CheckMyChess Videos") from you through our Site.
    2. While we hope you will fulfill an order within 24 hours of receiving it, you may have up to three days (at CheckMyChess's sole discretion) to complete and submit the CheckMyChess Video.
    3. CheckMyChess retains the right, in its sole discretion, to cancel any order from a User. No payment will be made to you for any declined, cancelled, or unfulfilled CheckMyChess Video orders.
    4. Each CheckMyChess Video will be approximately 7-10 minutes in duration. You will have sole discretion over the content of any CheckMyChess Video, except that you agree: (i) you will review at minimimum three recent games from the User's profile history (ii) you will not state in the CheckMyChess Video that the CheckMyChess Video is incomplete or cannot be completed. Your review of the User's profile is your responsibility and at your discretion, subject to these Terms.

  3. Fees and Payments

    1. Review Fee: You set your own price for each CheckMyChess Video available through the CheckMyChess marketplace platform (each, a "Review Fee"), provided that the Review Fee for each CheckMyChess Video be at least US$5.00 (unless it is otherwise agreed in writing by CheckMyChess). The Review Fee excludes any service, transaction, or processing fees paid to CheckMyChess.
    2. Fees: Subject to these Terms, we will pay you 75% of the Review Fee actually received by CheckMyChess for each CheckMyChess Video or other CheckMyChess product offering that you created and delivered to fulfill to a User's order that you accepted through our Site. Any Sales Tax CheckMyChess collects will be remitted to the applicable tax authority and will not be included in the Review Fee.
    3. Fees and Payment Representations and Warranties: You represent and warrant that: (i) CheckMyChess Videos are not, and are not intended to be, covered by any guild, union, collective bargaining, management, agency, or similar agreement and there will be no residual or any other type of payment due from CheckMyChess to you, to any third-party, guild, union, management, or agent, or pursuant to any collective bargaining agreement, in connection with any CheckMyChess Video, payment from us to you, or our Site; (ii) CheckMyChess is not responsible for, and will not make any deduction to payments made to you for any fees, commissions, costs, expenses, or payments of any kind to or with respect to any third party, including any manager, agent, attorney, representative, or service provider, in connection with any revenue earned by or payments made to you in connection with our Site; and (iii) CheckMyChess is not responsible for any contributions, payments, taxes, or deductions for Social Security, retirement benefits, unemployment insurance, annuities, or pension or welfare fund payments required by law or any labor union, or any withholding or taxes (other than Sales Tax CheckMyChess collects in relation to a purchase).
    4. Payment: You agree to register with the third-party payment provider selected by CheckMyChess, which CheckMyChess may change in its sole discretion. You may not use a payment provider other than the one selected by CheckMyChess. You will provide the payment provider any information required in order to receive payments via the payment provider, e.g., information about the bank account that you own at a regulated financial institution. Any payments due to you from CheckMyChess will be made via the payment provider. If available, you may transfer funds from your CheckMyChess account to your bank account by submitting a payment request. Your request will be processed by the payment provider. If not available, CheckMyChess will submit the payment request, for processing by the payment provider. In addition, CheckMyChess may, in its sole discretion, transfer funds from your CheckMyChess account to your bank account especially in the case of account inactivity. If you do not provide the payment provider with all required information, you may not be able to receive the payments due to you. CheckMyChess will not be responsible for any damages, delays, losses, costs, expenses, or liabilities arising out of or in connection with your inability to receive payments as a result of your failure to provide such information. You acknowledge and agree that CheckMyChess does not operate, own, or control the payment provider; and your use of any payment provider is subject to the terms and privacy policies of that payment provider. You agree that we are not responsible for any delay, failure, damage, or liability caused by a payment provider, any other third party, a force majeure, or your failure to timely or properly set up an account with the payment provider or otherwise provide requested information for payment. Other than with respect to any payment to or deduction by the application platform (as set forth in Section 4.b). CheckMyChess will be responsible for fees, costs, and expenses incurred in connection with the payment provider selected by CheckMyChess. Unless otherwise agreed by CheckMyChess in writing, you acknowledge and agree that you are solely responsible for any other fees, costs, and expenses, including with respect to your bank account and foreign exchange fees. Notwithstanding anything to the contrary contained in these Terms, if CheckMyChess, in its sole discretion, believes that any fraud, money laundering, or other violation of law or regulation is taking place on or in connection with our Site, you acknowledge and agree that we may withhold, delay, or seek repayment of any payments we believe, in our sole discretion, are related to the violation.
    5. Currency: Payments via the payment provider are in U.S. dollars unless the payment provider permits you to choose another currency and you do so.
    6. Fundraising: If you identify any entity on your order page or elsewhere in connection to our Site as a charitable organization or a recipient of any funds that you are raising (each, a "Charity"), you: (i) represent and warrant that you will comply with all applicable laws and regulations relating to that identification or the Charity, including making disclosures, registering, or entering into any agreement, such as a commercial co-venturer agreement; (ii) acknowledge and agree that we have the right in our sole discretion to reject your identification or the Charity; (iii) represent and warrant that the Charity is and will remain in good standing at all times the identification is used, that within 48 hours of your receipt of our request, you will provide us with written evidence of the Charity's good standing and charitable status in all applicable jurisdictions, and that you will promptly remove the identification if the Charity ceases to be in good standing; (iv) represent and warrant that you will be responsible for making any payment to the Charity (unless we expressly agree in writing in advance to do so on your behalf and in satisfaction of our payment obligations to you under these Terms); and (v) represent and warrant that you have all rights necessary to authorize use of the Charity's name and logo in connection with (and on) our Site, in the identification, and in any social and other media. You further acknowledge and agree that we may add a statement to your order page disclaiming a connection between CheckMyChess and the Charity, as we determine in our sole discretion.

  4. Coach Content

    1. License Grant to Coach Content: Our Site allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your CheckMyChess Videos and Promotional Materials (collectively, "Coach Content"). When you upload, submit, store, send, transmit approve, or receive Coach Content to or through our Site, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to use, reproduce, license, distribute, modify, adapt, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or other modifications) of your Coach Content for the purposes of operating and providing our Site, to develop and improve our products and services, and to advertise, market, and promote our Site, products, and services, and you agree that such Coach Content may, in CheckMyChess's sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Coach Content you submit to public areas of our Site. You agree that we may display advertising with or in connection with your Coach Content. You further acknowledge and agree that CheckMyChess has no obligation to you in connection with any advertising displayed on or in connection with our Site (including no obligation to share any revenue received by CheckMyChess as a result of any such advertising).
    2. License Grant to Users: For each CheckMyChess Video, you hereby grant to the User a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, and perpetual license to use, reproduce, distribute, and publicly display the CheckMyChess Video, in each case, solely in accordance with the Site Terms, in any and all media, whether now known or hereafter invented or devised (including social media channels and third-party websites and platforms).
    3. Right to Remove CheckMyChess Videos or Other Offerings: You acknowledge and agree that we cannot restrict the use of your CheckMyChess Videos or other offerings by the Users for whom you created them or by any third party with whom they have already been shared and we have no obligation to remove those uses (including from social media channels or third-party websites or platforms). If we do seek to remove a CheckMyChess Video or other offering from a social media channel or third-party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Coach Content, you hereby authorize CheckMyChess to act as your agent in order to submit any DMCA notice or other demand with respect to your CheckMyChess Videos or other offerings. You will promptly notify us if you learn that any CheckMyChess Video is being used in violation of the Site Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the CheckMyChess Video for any reason, including if the use exceeds the granted license or otherwise violates the Site Terms.
    4. Licenses: You may not sell, resell, commercialize, or encumber your rights in any CheckMyChess Video or other offering, except as agreed by CheckMyChess in writing. Please note that the licenses granted in this Section 4 are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Coach Content, by us, Users, or third parties, other than the payment set forth in Section 2. We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our Site or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the Site Terms. Finally, the licenses granted in this Section 4 are perpetual, meaning that the rights granted under these licenses continue even after you stop using our Site.
    5. Coach Content Representations and Warranties: You represent and warrant to CheckMyChess and the User that:
      1. you own all rights in and to your Coach Content and Feedback (defined below) and that you have the right to grant the rights described in these Terms;
      2. you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Coach Content and Feedback by us, Users, or third parties as described in these Terms;
      3. your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
      4. your Coach Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
      5. you will not contact, respond to, or communicate with any User that you meet on or through our Site, except as expressly permitted through our Site.
      6. you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;
      7. you will not edit, change, modify, or remove the watermark from any CheckMyChess Video or assist or encourage any third party to do so; and
      8. you will not ask us for permission or to assist you with the actions prohibited by this Section 6.e.
    6. Treatment of Coach Content: Any Coach Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Coach Content, including any personal information included in that Coach Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our Site or submit any Coach Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Coach Content. None of your Coach Content will be subject to any obligation of confidence by us, Users, or third parties, and we will not be liable or responsible for any use or disclosure of any Coach Content.
    7. Refusal and Removal of Coach Content: We may refuse to accept or transmit Coach Content for any reason without notice to you. We may remove Coach Content from our Site for any reason without notice to you.
    8. Cancellation of Site Account: If you cancel your Site account, you may, on at least three business days' advance written notice to us, request that we no longer include your CheckMyChess Videos on our Site and that we not make any new public use of them. As noted in Section 4.c, we have no obligation as to any use of your CheckMyChess Videos by the Users for whom you created them or by any third party with whom they have already been shared (including from social media channels or third-party websites or platforms).

  5. Ownership

    1. Other than Coach Content, we or our licensors own all right, title, and interest in and to: (i) our Site and the “look and feel” of our Site, including all software, ideas, processes, data, text, media, HTML/CSS, JavaScript, visual design elements, and other content available on our Site (individually, and collectively, "CheckMyChess Content"); and (ii) our trademarks, logos, and brand elements ("Marks"). Our Site, CheckMyChess Content, and Marks are each protected under U.S. and international laws. You may not duplicate, copy, sell, resell, commercialize, or reuse any portion of CheckMyChess Content or Marks without our prior express written consent. You acknowledge and agree that each request or message from a User is a Submission (as defined in the Site Terms) owned by the User who created it.
    2. CheckMyChess desires to avoid the possibility of misunderstandings if a project developed by us, our employees, or our contractors might seem similar to material submitted to us by you or a third party. To the extent you submit any ideas, suggestions, proposals, plans, or other materials related to our business (individually, and collectively, "Feedback"), you acknowledge and agree that you are submitting that Feedback at your own risk and that CheckMyChess has no obligation (including of confidentiality or privacy) with respect to your Feedback, and you grant to CheckMyChess a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised, to reproduce, license, distribute, modify, adapt, publicly perform, publicly display, create derivative works of, and otherwise use and exploit in any manner (including commercially), any and all Feedback.
    3. You hereby waive any and all moral rights or "droit moral" that you may have in Coach Content or Feedback, and you represent and warrant that no third party has any moral, "droit moral" or other rights in the Coach Content or Feedback.

  6. Eligibility

    1. Age: You must be at least 18 years old to use our Site as a Coach.
    2. Eligibility Representations and Warranties: You represent and warrant that:
      1. you have not been prohibited from using or accessing any aspect of our Site by us or pursuant to any applicable law or regulation;
      2. you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
      3. you (and any Site account that you created or control) have not been previously banned or removed from our Site for any reason; and
    3. Export Control: You may not use, export, import, or transfer any part of our Site except as authorized by U.S. law, the laws of the jurisdiction in which you use or access our Site, or any other applicable laws. In particular, but without limitation, no part of our Site may be exported or re-exported: (i) into any country embargoed by the U.S.; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons List or Entity List. By using our Site, you represent and warrant that: (x) 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 (y) you are not listed on any U.S. government list of prohibited or restricted parties. You also will not use our Site for any purpose prohibited by law. You acknowledge and agree that products, services, and technology provided by CheckMyChess are subject to the export control laws and regulations of the U.S. You will comply with those laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer CheckMyChess products, services, or technology, either directly or indirectly, to any country in violation of those laws and regulations.
    4. You will not use the Site or any CheckMyChess product or service for any partisan political purpose - including to promote or solicit contributions on behalf of your candidacy for public office, the candidacy of another person seeking public office, any political party or political committee, or any other person or organization promoting or soliciting contributions on behalf of any candidate for public office or political party.

  7. Privacy

    Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Site, you agree to our Privacy Policy.

  8. Third-Party Content and Interactions

    Our Site may contain features and functionalities that link to or provide you with access to third-party content, that is completely independent of CheckMyChess, including CheckMyChess Videos, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of CheckMyChess Videos and other offerings that allow interactions with third parties, including between Users, on CheckMyChess are the sole responsibility of the people involved in those interactions. CheckMyChess is not responsible for the content of the interactions you may have with third parties through CheckMyChess Videos or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our Site or otherwise. However, you agree not to contact or interact with any Coach except as expressly permitted through our Site. You also agree that CheckMyChess may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with CheckMyChess if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each CheckMyChess Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY".

  9. Business Relationship with CheckMyChess

    1. You and CheckMyChess agree and declare you and CheckMyChess are in a direct business relationship and the relationship between the parties, including these Terms, is solely an independent contractor relationship. It is the parties' express intent that their relationship be interpreted and held to be that of independent contractor for all purposes. You acknowledge and agree that you are not a joint venturer, franchisee, partner, agent, or employee of CheckMyChess, and will not represent yourself as such. As an independent contractor using our platform to provide coaching services to Users, you are solely and exclusively responsible for determining the manner, method, details, and means of your performance under these Terms and you acknowledge and agree that we do not control those elements of your performance. You also retain the option to accept, decline, or ignore any User request. We have no right to, and will not, control the manner or determine the method of accomplishing your performance. You represent and warrant that you are customarily engaged in an independently established trade, occupation, or business.
    2. You represent and warrant that as between CheckMyChess and you, you assume sole liability for and will pay or cause to be paid all applicable contributions, payments, taxes, and deductions for Social Security, retirement or other benefits, healthcare insurance, unemployment insurance, annuities, pension and welfare fund payments required by law, regulation, or any labor union, and all withholding and income taxes, and make any reports required as a result of participation on our Site under these Terms.
    3. You will use your own equipment to perform your obligations under these Terms.
    4. You are solely responsible for making any disclosure required by any applicable law, regulation, court order or any agreement you may have with any third parties to any person or entity regarding your performance under these Terms.
    5. Your relationship with CheckMyChess is non-exclusive, meaning that you may provide similar services to third parties, including CheckMyChess's competitors, and you may engage in other business or employment activities. Similarly, we can and do engage third parties to provide services similar to those that you may provide under these Terms.

  10. Links

    Our Site may contain links to social media platforms or third-party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

  11. Changes to our Site

    You acknowledge and agree we may change or discontinue any aspect of our Site at any time, without notice to you.

  12. Termination and Reservation of Rights

    You may cancel your Site account at any time by contacting a member of the CheckMyChess team at info@checkmychess.com. We reserve the right to terminate access to our Site to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our Site automatically terminates.

  13. Indemnification

    You agree to indemnify, defend, and hold harmless CheckMyChess and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, and licensors (each, a "CheckMyChess Party, " and collectively, "CheckMyChess Parties") from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys' fees and costs) of any kind or nature, arising from, out of, in connection with, or relating to: (a) these Terms; (b) use of our Site; (c) your negligence, misconduct, or fraud; (d) any action or inaction by you or anyone acting on your behalf; (e) any Charity; (f) Coach Content; or (g) Feedback. CheckMyChess may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

  14. Disclaimers and Limitations on our Liability

    1. You acknowledge and agree that your use of our Site is at your own risk and that our Site is provided on an “as is" and “as available" basis. To the extent permitted by applicable law, the CheckMyChess Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.
    2. In particular, the CheckMyChess Parties make no representations or warranties about the accuracy or completeness of content available on or through our Site or the content of any social media platform or third-party website linked to or integrated with our Site. You acknowledge and agree that the CheckMyChess Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Site; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Site; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Site; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our Site.
    3. You acknowledge and agree that any material or information downloaded or otherwise obtained through our Site, including any CheckMyChess Video, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Site, including through a CheckMyChess Video, will create any warranty not expressly made by us.
    4. You acknowledge and agree that when using our Site, you will be exposed to content from a variety of sources, and that CheckMyChess is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any CheckMyChess Party with respect thereto.
    5. To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any CheckMyChess Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not CheckMyChess has been advised of the possibility of such damages.
    6. To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by CheckMyChess from you during the 12 months preceding the claim giving rise to such liability.
    7. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
    8. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between CheckMyChess and you.

  15. Arbitration Agreement and Waiver of Certain Rights

    1. Arbitration: You and CheckMyChess agree to resolve any disputes between you and CheckMyChess through binding and final arbitration instead of through court proceedings. You and CheckMyChess each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and CheckMyChess relating to these Terms or our Site (each a “Claim," and collectively, “Claims"). Any Claim will be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision will be in writing, will include the arbitrator's reasons for the decision, will be final and binding upon the parties, and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs, or other documents submitted or exchanged, any testimony or other oral submissions, and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
    2. Costs and Fees: If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CheckMyChess will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
    3. No Preclusions: This arbitration agreement does not preclude you or CheckMyChess from seeking action by federal, state, or local government agencies. You and CheckMyChess each also have the right to bring any qualifying Claim in small claims court. In addition, you and CheckMyChess each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
    4. No Class Representative or Private Attorney General: You and CheckMyChess each agree that with respect to any Claim, neither may: (i) act as a class representative or private attorney general, or (ii) participate as a member of a class of claimants. You agree that no Claim may be arbitrated on a class or representative basis. The arbitrator can decide only individual Claims (whether brought by you or CheckMyChess). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
    5. Severability/No Waiver/Survival: If any provision of this Section 15 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 15 will continue in full force and effect. No waiver of any provision of this Section 15 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 15 will survive the termination of your relationship with CheckMyChess.
    6. 30-Day Opt-Out Right: You have the right to opt out of the provisions of this Arbitration Agreement by sending, within 30 days after first becoming subject to this Arbitration Agreement, written notice of your decision to opt out to info@checkmychess.com. Your notice must include your name and address, any usernames, each email address you have used to submit your CheckMyChess Video orders or set up an account on our Site (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You agree that if you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
    7. LIMITATIONS: This Section 15 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in AAA rules, and the right to certain remedies and forms of relief. In addition, other rights that you or CheckMyChess would have in court may not be available in arbitration.

  16. Other Provisions

    1. Force Majeure: Under no circumstances will any CheckMyChess Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any CheckMyChess Party.
    2. Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our Site will be filed only in the state or federal courts located in Baltimore, Maryland. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
    3. Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.
    4. No Waiver or Amendment: The failure by CheckMyChess to enforce any right or provision of these Terms will not prevent CheckMyChess from enforcing such right or provision in the future and will not be deemed to modify these Terms.
    5. Assignment: CheckMyChess may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.
    6. Miscellaneous: The term “including" in these Terms will be interpreted broadly and will mean “including, without limitation." Titles are for convenience only and will not be considered when interpreting these Terms.

  17. Changes to these Terms

    We may change these Terms. If we do, we will post the revised Terms on our Site and update the “Last Updated" date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our Site after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

Acceptable Use Policy

Last Updated: June 25, 2023

Your use of our Site (collectively, the CheckMyChess marketplace platform, website, and services we provide through them) is governed by this Acceptable Use Policy. Terms that are defined in the Site Terms of Service or Coach Terms of Service will have the same meaning in our Acceptable Use Policy.

You are responsible for your use of any CheckMyChess Video, your Site account, our Site, and any Submission (if you are a Site user) or Coach Content (if you are a Coach). Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful.

  1. You represent and warrant that:
    1. you will not use a false identity or provide any false or misleading information;
    2. you will not create an account if you (or any Site account that you created or controlled) have previously been removed or banned from our Site;
    3. you will not use or authorize the use of any CheckMyChess Video for any purposes other than: (i) the specific limited purposes set forth in the Site Terms; or (ii) if you are a Coach, those set out in any other written agreement; and
    4. you will not:
      1. violate any law, regulation, or court order;
      2. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
      3. take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
      4. send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
      5. engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our Site, including from any user of our Site;
      6. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
      7. stalk, harass, threaten, or harm any third party;
      8. impersonate any third party;
      9. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
      10. use any means to scrape or crawl any part of our Site;
      11. attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our Site, users, or any other third party;
      12. access our Site to obtain information to build a similar or competitive website, application, or service;
      13. attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our Site; or
      14. advocate, encourage, or assist any third party in doing any of the foregoing.

    For clarity, your use of any CheckMyChess Video includes use anywhere (on our Site or otherwise).

  2. Investigations:

    You acknowledge and agree that we are not obligated to monitor access to or use of our Site by you or third parties (including monitoring any CheckMyChess Video, Coach Content, Submission, or Feedback), but we have the right to do so to operate our Site; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise.

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