Terms Of Service
LimitlessChess.com is a product of Improve My Chess LLC (“IMC,” “we,” “us,” and/or “our”), with its use being subject to the following terms of service (the “Terms,” with each such item being known as a “Term”) which you should read and evaluate – in full – before utilizing the IMC website (the “Website”). These Terms constitute a legally binding contract between IMC and each user of the Website, and by proceeding to use the Website you are acknowledging your consent and acquiescence to these terms, and your agreement to be bound by these Terms. Some of these Terms may limit or alter rights you would otherwise have, and you should carefully consider these Terms before proceeding.
- Waiver of Certain Judicial Rights. By using the Website, you agree that any disputes between yourself and IMC, or any disputes between yourself – or any agent, assignee, heir, or other person claiming by or through you – and IMC – or any agent, subsidiary, parent, employee, director, officer, or person implicated by reason of their relation to IMC – will be subject to the choice of laws and forum selection clause included below, and that no claim may be brought as a class action lawsuit, class action arbitration, or other class action – or collective – proceeding. You are also waiving your right to a trial by jury. These are important rights that you are relinquishing, and you should consider them carefully before proceeding.
- Restrictions on Use. By using the Website, you represent, warrant, covenant, and agree that:
- You are at least twenty one (21) years of age;
- Use of the Website is not prohibited by any federal, state, municipal, local, or other laws, ordinances, statutes, regulations, treaties, or other binding legal enactments in the location in which you are located, and that you will immediately cease and desist your use of the Website should you discover such use to be prohibited by one or more controlling laws;
- You are using the Website for yourself, and not on behalf of, for the benefit of, in cahoots with, at the direction of, or in connection with any other person or entity; and
- You have read these Terms, together with the Rules, considered the Terms and Rules, and are electing to proceed bound by the Terms and Rules by virtue of your own free will and not due to any coercion or the coercive efforts of IMC or any third party.
- Service Use Verification. To use the Website’s features (collectively, the “Services,” with each such feature being a “Service”), you may be required to provide certain information concerning yourself, your various social media accounts, and/or your status with other third party persons or entities who we – in our sole and absolute discretion – deem appropriate identity verification parties. In providing information to IMC, you agree to be truthful, to not materially omit relevant information, and to promptly notify us – at the address below – of any errors or omissions. For purposes of these Terms, if we ask you to provide us with your status with one or more other third party persons or entities, whether for identity verification purposes or otherwise, and you furnish such information (whether by the process colloquially known as “linking” accounts, or otherwise), you are further agreeing that all information you have furnished, or will furnish, to such third party is also truthful, and that you have not materially omitted any relevant information in your dealings and interactions with such third party(ies).
- User Content. All content created, developed, uploaded, shared, posted, imaged, or otherwise brought about by you, during your use of the Website, shall be known herein as “User Content.” By making any User Content available through the Website, you grant to IMC a nonexclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works and to publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Website to yourself and others. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Website, nor any use of your User Content by IMC on or through the Website (or otherwise) will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Limitations on User Content. You shall not upload, develop, create, share, post, image or otherwise introduce any User Content which is defamatory, tortious, obscene, libelous, slanderous or otherwise actionable in nature, nor may you – through your User Content – assault, threaten, harass, intimidate, bully, or engage in actionable conduct toward any third party. You agree to not utilize User Content to advertise any third party individual or entity, nor to advertise the services of any third party or entity. You further agree to refrain from introducing any viruses into the Website. Additionally, you will not create or introduce any User Content which is fraudulent – expressly or by omission – in nature.
- User Content. You are solely responsible for all User Content that you post. IMC is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against IMC or any of its agents, subsidiaries, parents, members, employees, directors, officers, or other person(s) implicated by reason of their relation to IMC, whether in law or equity, due to or in connection with any of your User Content, that to the fullest extent permitted by controlling law you will indemnify and hold such claim respondent harmless from and against all damages, losses, and expenses of any kind whatsoever (including reasonable and necessary attorneys’ fees and suit costs) in connection with such claim.
- Our Content. All content provided by IMC on, in, in connection with, through, or otherwise in relation to the Website shall be known herein as “Content.” Such Content specifically includes, without limitation, all computer coding, graphics, text, information, images, multimedia components, comments, features, promotions, and attributes that comprise the Website. Some or all of this Content may be protected by one or more trademarks, copyrights, service marks, patents, or other types of intellectual property rights or other laws governing the creation, dissemination, protection, and utilization of intellectual and proprietary property. You shall abide by all such laws, honor all rights associated with the Content, hereby agree not to violate any of same, and adhere to all restrictions imposed through the Website or by operation of law, in connection with the Content and its use and dissemination.
- Limited License. Subject to these Terms, we grant each user of the Website a limited, non-exclusive, non-sublicensable and non-transferable, revocable license to use the Content solely for purposes of using the Website. For avoidance of doubt, use, reproduction, modification, distribution or storage of any Content in connection with any activity or for any purpose other than the intended use of the Website is expressly prohibited. You shall not sell, license, rent, or otherwise use or exploit any Content outside of use of the Website including, using Content for commercial use or in any way that violates IMC, Inc.’s or any third-party’s rights.
- Cancellation/Refund Policy. Thank you for purchasing our digital products and subscribing for membership at LimitlessChess.com operated by Improve My Chess LLC. Our subscriptions services may be cancelled any time by emailing [email protected] or within the "My Account" section of the membership area. All cancellations must be made prior to the next billing date of your recurring subscription. We offer a full money-back guarantee for all purchases made on our website. If you are not satisfied with the products or membership subscription that you have purchased from us, you can get your money back no questions asked. You are eligible for a full reimbursement within 48 hours of the first term of your subscription period. After the 48 hour period, you will no longer be eligible and won't be able to receive a refund. All recurring subscription payments (monthly, yearly, or any other length of subscription) after the first initial payment and recurring payments are non-refundable. We encourage our customers to try our service in the first two days after their purchase to ensure it fits your needs. If you have any additional questions or would like to request a refund, feel free to contact us.
- Mobile Network. When you access the Website through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply, and you shall be solely liable for the payment of such fees. Downloading, installing or using certain aspects of the Website may be prohibited or restricted by your network provider and not all parts of the Website may work with your network provider or device.
- Your Account Information. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Website. The security, integrity and confidentiality of your information are extremely important to us.
- Limitation of Liability. IMC SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE THOUSAND DOLLARS AND NO CENTS ($1,000.00) IN THE LAWFUL CURRENCY OF THE UNITED STATES. THESE LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF ABODE.
- Governing Law. These Terms shall be governed by the laws of the State of Maryland, without regard to its conflict of laws principles.
- Forum Selection. Any dispute concerning these Terms, the Website, or any matter related to these Terms or the Website, shall be subject to the exclusive jurisdiction of the District Court of Maryland sitting in Montgomery County or, should such court lack subject matter jurisdiction, the Circuit Court for Montgomery County, Maryland or, should such court lack subject matter jurisdiction, the United States District Court for the District of Maryland. You irrevocably consent to the personal jurisdiction of each of these courts. For the avoidance of doubt, this forum selection clause is not conjunctive in nature; the only forum in which a dispute may be brought is the District Court of Maryland sitting in Montgomery County, unless that court specifically lacks subject matter jurisdiction; if – and only if – that court lacks subject matter jurisdiction over the specific dispute, may the dispute be brought in the Circuit Court for Montgomery County, Maryland; and if – and only if – that court lacks subject matter jurisdiction over the specific dispute, may the dispute be brought in the United States District Court for the District of Maryland.
- Digital Millennium Copyright Act. We take the intellectual property rights of others seriously and require that all users of the Website do so, as well. The Digital Millennium Copyright Act established a process for addressing claims of copyright infringement that we have implemented. If you own a copyright, or have authority to act on behalf of a copyright owner, and want to report a claim that a third party is infringing that material on or through the Website, pursuant to 17 U.S.C. § 512 please send a notice to our designated copyright agent that includes all of the items below, and we will expeditiously take appropriate action:
- A description of the copyrighted work that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location (with sufficient detail) of that material;
- Your name, address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
Our designated copyright agent to receive such claims can be reached as follows:
Improve My Chess LLC
3773 Howard Hughes Parkway, Suite 500s
Las Vegas NV 89169
By phone: (702) 530-9287
By electronic mail: [email protected]
We may forward the take-down notification to the accused infringer. We may, at our discretion, disable or terminate the accounts of users who may be repeat infringers. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.
- You acknowledge that the views and opinions expressed by persons on or through the Website – including our employees, our agents, our users, third parties, yourself, and others – are solely those of the person(s) expressing such views, and do not necessarily represent the views or opinions of IMC.
- No Warranty. The Website is provided “as is” and “as available.” We disclaim all conditions, representations and warranties not expressly set out in these Terms. You expressly acknowledge that technological faults of yours or ours may have an adverse impact on your use of the Website, may interfere with your use of the Website, and may prevent you from being successful in one or more contests hosted on the Website – to your potential monetary detriment. You agree that we shall have no liability for any such technological faults, and that you fully assume the risk of such faults when utilizing the Website.
- We may suspend or terminate your use of the Website at any time, for any reason or no reason at all, with or without prior notice to you. If your use of the Website is suspended terminated, you agree to not endeavor to use the Website utilizing the identity of any third party or through the use of any alias.
- If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- We may, in our sole and absolute discretion, amend these Terms from time to time, with or without notice to you. Your use of the Website will always be bound and governed by the Terms in effect at the time of such use. You may read these Terms at any time in the Website and see, at the bottom of these Terms, the last date on which they were amended (if ever).
- The Website is a pedagogical tool aimed at helping people better understand certain aspects of chess and potentially improving their play of chess. We make no guarantee whatsoever that subscribing to, utilizing, or otherwise interacting with the Website will (a) cause you to improve your chess rating; (b) help you win any competitions; and/or (c) have any monetary impact upon you whatsoever.
- You may contact us through the following means:
Improve My Chess LLC
3773 Howard Hughes Parkway, Suite 500s
Las Vegas NV 89169
By phone: (702) 530-9287
By electronic mail: [email protected]
- These Terms were last updated on September 30, 2019, and this is version 1.0 of the Terms. If you wish to view any previous version(s) of the Terms, you may request them via electronic mail from [email protected].