PROFESSIONAL CHESS ASSOCIATION
Please read this entire page for all the rules, terms, policies, and agreements on PCA (professionalchessassociation.com) the world’s first professional ‘sports agency’ for chess players. PCA is empowering chess players around the world to earn a living playing chess, just like PGA golfers, NBA basketball players and other professional sports and game players enjoy.
PCA provides support, advice, the tools, and in some cases will assist in legal contract negotiations for chess players. We also give back to the community and provide educational scholarships and financial assistance for those economically challenged or disadvantaged for chess players from around the world. We do this through our KNIGHTS OF THE ROUND TABLE.
Legal Terms and Conditions
Welcome to PCA the acronym for Professional Chess Association Ltd., (www.professionalchessassociation.com) Wherever you see PCA in this document it means the Professional Chess Association. By using this www.professionalchessassociation.com web site you agree to be bound by the following policies:
- PCA Site Rules
- PCA Terms of Service
- PCA Subscriber and Member Agreement
- PCA Television Release Form
- PCA Tournament Application.
- PCA Prize Policy.
PCA, the Professional Chess Association is the first professional chess organization to be structured along the same lines as other professional sports associations such as the Professional Golf Association (PGA), Professional Tennis Association (PTA), and numerous other such professional sports organizations. While any player is welcome to register in PCA for free as a PCA General Member, only those who register as a professional player PCA PRO PLAYER ($250 USD a year) will be eligible to enter the professional events including a daily network television series named “CHESS WARS” tm . This is a series of daily half hour television shows that have a million dollar prize available in every half hour show. The PCA PRO PLAYER’S will also be able to enter the “CHESS WARS” tm tournaments which have a massive $40,000,000 USD in cash and prizes that can be won. The prize money for the tournaments is based on a “buy in” by each player and any supporting team. If fully subscribed, the prize money and prizes for each tournament will total $40,000,000 USD! The prizes for the tournaments are awarded to the top 1,000 players in each tournament. This structure is in place so that it allows 1,000 players to earn money from Chess. In addition, if the “CHESS WARS” tournament is fully subscribed there will be an additional $5,000,000 USD CASH and prizes awarded through random drawings and additional fun games that only professionally registered members and their registered attending guests will be eligible to win. These prizes are randomly drawn to all levels of registered players and to audience members and player supporters at the tournament. Just like the golf and other sports associations, a player’s earnings board will be created showing the earnings of each professionally registered player. It is important for all chess players in PCA to note that you do not have to be the best player to win major prizes or cash awards. In fact, any level of chess player can participate with a real opportunity to win major prizes. As professional chess players in PCA, members are expected to represent themselves and PCA professionally at all times. Any behavior considered ethically or morally objectionable (as determined by the management of PCA will result in the immediate expulsion of the player from PCA and under no circumstances will any prize be awarded to that player. Professional players will undergo a background check upon registration as a professional player within the organization. Anyone with a criminal record will NOT be allowed to join the (PCA) community. Anyone with a disclosed history of cheating in the game of chess will NOT be allowed to join the association, and anyone committing a public display of bad behavior or drug use, of any kind, (including vaping) will not be tolerated. Please be on your best behavior as you play professional chess and interact with others with true sportsmanship. In this way the Professional Chess Association will have a reputable standing amongst other fine professional sports associations and be a safe place for chess players of all ages and skill levels to participate. It will also mean that we will be able to attract additional sponsors and provide larger prizes and more income to its professional members. Failure to follow these rules will result in your account being immediately closed.
Interacting with Professional Players in PCA
PCA is a safe place for people, men, women and children, to come and enjoy. There should be no abusive language, personal attacks, threats, or any other unkind behavior. If you are selected for the “CHESS WARS” tm television show as a contestant it is important that you follow the directions of the producers and directors and that you comply with all requirements regarding release forms and all other rules of the television show.
What you cannot do.
You may not post any offensive content of any kind on PCA including your username, or personal description. You may not add or post any offensive comments, chat, pictures or other content that would be disparaging or libelous. The following behavior is prohibited and can result in your immediate removal from the ranks of the professional players listed in the PCA list of players: cheating, using offensive/vulgar language, using racist humor, making personal attacks, spamming or advertising competitive websites, religious or political debate, intentionally pointless/distracting posts, and discussion of, or use of, illegal activities (drugs, etc) are all reasons for immediate expulsion from the PCA. It is imperative that all registrants recognize that the PCA registered players must take the responsibility to take a 100% professional approach to encourage and foster the growth of this professional association and that PCA will take every step to make sure that its ‘image’ to the world is that of a fully professional, safe, and reputable organization.
Only One Professional Account
Members may only have ONE PCA account. Members who create more than one account will immediately have all accounts closed with no refund of professional registration fees.
PCA collects personal information when you register with PCA, when you use PCA products or services, when you visit PCA pages or the pages of certain PCA partners, and when you enter any network television show produced by us, or any tournament organized by us. PCA may combine information about you that we have with information we obtain from business partners or other companies. When you register we ask for information such as your email address and username (both required), and then name, birth date, gender, zip code, occupation, industry, and personal description (all optional). Once you register with PCA and sign in to our services, you are not anonymous to us. Your username, name, country, stated location, occupation, and personal description become public and are displayed on your profile and in your chess games and in your earnings board. This is extremely important as the higher visibility and presence you have as a PCA PRO player the more opportunity you have to gain sponsors and generate income. PCA automatically receives and records information on our server logs from your browser, including your IP address, PCA cookie information, and the page you request. PCA uses information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide aggregated, analytical reporting about our general user community for internal and external clients.
By registering as a professional player in PCA you have to provide certain information to us. We understand your need for privacy and value the trust you have in us not to release ANY personal information about you except what is required to function as a professional chess association. You can edit your professional player account information at any time. We reserve the right to send you certain communications relating to the PCA service, such as service announcements, administrative messages and the PCA Newsletters, that are considered part of your PCA account.
Confidentiality and Security
We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you.
Protecting Your Information
PCA does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
- We provide the information to trusted partners who work on behalf of or with PCA under confidentiality agreements. These companies may use your personal information to help PCA communicate with you about offers from PCA and our marketing partners. However, these companies do not have any independent right to share this information.
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
PCA may update or change this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your PCA professional player account or by placing a prominent notice on our site.
Last Policy Update: January 15th 2018
Terms of Service
PCA is the world’s first professional chess players association. PCA acts as a ‘sports agency’ for professional players. It provides an opportunity and empowers all chess players around the world to earn a living from chess as others do from other sports such as golf, tennis and soccer. The PCA is open to chess players of all levels wanting an opportunity to earn a living by playing chess. The PCA is like any other professional sports association where it is paramount that those players registering as a professional player in PCA act as a professional player at all times. Chess has been underserved by media and by sponsors for most of the 2,000 year history of Chess. It is the goal of PCA to change that. PCA will finally bring chess into a full time, mainstream media entertainment game. A professional game that will compete with other games and sports associations by providing an opportunity for the 700 million active chess players in the world to have fun, make money, obtain sponsors, and become media stars just like there are in other sports or games. This can only be accomplished if all registrants value and promote their ‘Professional’ chess player status in a professional manner at all times. As such PCA provides its service to you subject to the following terms and conditions:
THESE TERMS OF SERVICE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING THE SERVICE, YOU HEREBY AGREE TO THESE PROVISIONS.
The Services We Provide
PCA provides an opportunity for chess players from around the world to participate in high profile network television shows with major prizes. The shows are broadcast through traditional terrestrial delivery systems, cable systems and digital media platforms to mobile devices around the world. PCA will also be organizing big prize tournaments to allow thousands of chess players of all levels to earn money and prizes. We also provide business opportunities to international entrepreneurs interested in developing under license the PCA format in their respective countries. Because chess is inherently perceived to be a slow game it does not lend itself to television or mainstream media. However, we now created and developed exciting chess game, (all copyrighted and or trade marked) formats for television shows, tournaments and special events with all the lights, bells and whistles, that allows for an exciting game of chess to be played in a few minutes. This allows, for the first time, in the 2,000 year history of chess, the opportunity for PCA to create an exciting, suspense filled, entertaining television format with a $1,000,000 dollar prize. For the first time in the history of chess we have made certain marketing decisions that will bring in major sponsorship and marketing opportunities for the game of chess. The PCA major chess tournaments will provide a massive $40,000,000 USD prize for our players. The tournament has certain rules and players provisions where a chess player of any level can win prizes and cash. PCA reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including television shows, tournaments or other events) with or without notice. You agree that PCA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
In order to be permitted to use the Service as a professional player in PCA, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the required fields in Service’s registration form and in the optional fields if you so choose; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or if PCA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PCA has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
Minors & Children
PCA is always encouraging children of all ages to participate in the game of chess. We have in fact determined that as a corporate policy we will make a number of scholarships available to disadvantaged children who show an aptitude for chess. At the same time we are always concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians of children under the age of 18 who wish to allow their children access to the Service or register as a professional player, (Minimum age is 12 years) must create an account that is maintained by a legal guardian of at least 18 years old and monitor the child’s usage. By allowing a child access to your account, you also give your child permission to access all areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content is appropriate for your child.
While many portions of the Service do not require registration, you may register as a “Professional” player (PCA PRO PLAYER) in PCA by paying the annual fees as stipulated. (Currently $250 USD per year.) If you choose to register as a professional player you will have the opportunity to participate in the “CHESS WARS” tm network television show where there is a $1,000,000 USD prize as well as many other prizes. As a fully registered PCA player and you will be also eligible to participate in the PCA tournaments with the massive $40,000,000 USD prize which will be shared amongst the top 1,000 players. In addition all attendees will be eligible for random prize drawings that may include trips, cruises, competitions and additional cash prizes. As a professional player you must use your real name and your stage name so that you can be placed on the ‘earnings’ board. PCA PRO PLAYERS do not have to be the best chess players to earn or win prizes. The games that PCA has devised require that the players are in good physical shape as they play on a giant chess board 32′ X 32′ square on the television show and in the final 8 placed contestants in the tournaments. These games maintain the integrity of the chess game but also even out the chances of winning major prizes. e.g. You could have a great chess player going against a lesser skilled player, but the lesser skilled player is in better physical shape and tires out the better player over a number of rounds of giant blitz chess.
You acknowledge, consent and agree that PCA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content (as defined below) violates the law or the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PCA, its users and the public.
You agree that PCA may, at any time, with or without cause, and without prior notice, immediately terminate your PCA account, any associated email address, and access to the Service. PCA may terminate with or without cause at any time and effective immediately, at PCA’s sole discretion, for the following reasons including but not limited to Member’s failure to conform with these terms and conditions of the Agreement. Cause for such termination may include, but not be limited to, (a) breaches or violations of these Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services as they relate to professional registration. Further, you agree that all terminations shall be made at the sole discretion of PCA and PCA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
Professional Player Conduct
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- post any comments, text, messages, or links in the forums or any public comments that contain any advertisements of any kind, including religious, political, or recruiting messages for PCA groups, clubs, blogs, or any other content on or off of PCA;
- post any comments, text, messages, or links in the forums or any public comments that is off topic or irrelevant to the purpose and content of the original content, game, article, blog, or forum topic;
- threaten any violence of any nature against anyone else or advocate harming yourself;
- “stalk”or otherwise harass another;
- impersonate any person or entity, including, but not limited to, a PCA representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that includes the personal information of anyone else without their permission or that infringes any patent, trademark, trade secret, copyright, rights of publicity or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- access, tamper with, or use non-public areas of the Service, PCA computer systems, or the technical delivery systems of PCA providers, partners, licensees, sponsors or advertisers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- intentionally, or unintentionally, violate any applicable local, state, national or international law, and any regulations having the force of law; and/or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PCA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Under no circumstances will PCA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of PCA, its users, and the public.
You agree to indemnify and hold PCA and its subsidiaries, its partners, sponsors, advertisers, prize suppliers, underwriters, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
All right, title, and interest in and to the Service, including applicable copyrights, trademarks, and any other proprietary rights, particularly those rights associated with the television shows it creates and the tournaments it organizes are and will remain the exclusive property of PCA and its licensors. All trademarks, service marks, logos, trade names, and any other proprietary designations of PCA used herein are trademarks or registered trademarks of PCA. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. PCA reserves all rights not expressly granted in these Terms of Service.
All PCA trademarks and service marks and other PCA logos and product and service names are trademarks of PCA or assigns. Without PCA prior permission, you agree not to display or use these trademarks in any manner.
PCA respects the intellectual property rights of others and expects users of the Service to do the same. PCA complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us. If you believe that any Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material (such as a url);
- your contact information, including your address, telephone number, and an email address;
- a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your removed Content is not actually infringing, or that you have the necessary rights to post your Content, please send us a counter-notice containing the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- your physical or electronic signature (with your full legal name);
- identification of the Content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief, under penalty of perjury, that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed Content. Unless the original person alleging copyright infringement files an action seeking a court order against the Content provider, member, or user, the removed Content may be replaced, in ten to fourteen business days or more after receipt of the counter-notice, at PCA’s sole discretion.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, PCA may also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Service is:
808 Turtle Cove
Turks & Caicos
PCA operates from its offices in the British West Indies. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws in their jurisdiction, if and to the extent local laws are applicable.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
By using this Service you agree to attorn to the laws of the jurisdiction of the Turks & Caicos Islands a British Overseas Territory in the British West Indies.
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PROCHESSWORLD.COM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE PROFESSIONALCHESSASSOCIATION.COM WEBSITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- PCA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR PERSONAL REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR ASSUMTIONS RELATING TO PRIZE AMOUNTS CONNECTED WITH ANY EVENTS, TELEVISION SHOWS OR TOURNAMENTS ARE ENTIRELY DEPENDENT UPON EXTERNAL FACTORS BEYOND THE CONTROL OF THE SERVICE AND ITS MANAGEMENT BECAUSE OF THINGS LIKE PUBLIC CHANGING TASTES OR ACCEPTABILITY OF THE TELEVISION SHOWS AND NUMBERS OF PEOPLE REGISTERING FOR SUCH EVENTS AS TOURNAMENTS UNDER A “BUY IN” ARRANGEMENT.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PCA AND ITS ASSIGNEES SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, EQUIPMENT DOWNTIME, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF PROCHESSWORLD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATING TO PCA, THE SERVICE OR ANY CONTENT APPEARING ON OR UPLOADED TO THE SERVICE.
IF, FOR ANY REASON, A COURT FINDS PCA LIABLE FOR DAMAGES NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PCA ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $250.00).
THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), CONSUMER PROTECTION LAW, OR OTHERWISE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Arbitration, Controlling Law, and Jurisdiction
You agree that if you have any dispute with PCA relating in any way to these Terms of Service or from access to or use of the Service, you will first contact us and attempt to resolve the dispute with us informally. If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration in the jurisdiction of the Turks & Caicos Islands B.W.I. but under the rules of the American Arbitration Association (“AAA”). Under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes in effect at the time of the complaint, all rules for the AAA shall be followed, except as provided herein. The Federal Arbitration Act (“FAA”) and federal arbitration law shall apply to these Terms of Service. The arbitration process will be conducted in Turks & Caicos Islands at an agreeable time for both parties and upon such arrangements being made for the arbitrators to travel and be present in the Turks & Caicos. Please be aware that the Government of Turks & Caicos may require work permits for the arbitrators to be present in the Islands and this is the responsibility of the complainant to undertake all necessary steps and costs to make this arrangement. If you intend to seek arbitration you must first send written notice to PCA of your intent to arbitrate (“Notice”). Notice should be sent by certified mail to: PCA, 808 TURTLE COVE, PROVIDENCIALES, BWI]. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The Complainant party will be responsible for paying any cots for the AAA filing, administrative, and arbitrator fees. Any award rendered by the arbitrator may be entered in any court of competent jurisdiction in Turks & Caicos. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PCA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void.
Modifications to the Terms of Service
We may modify these Terms at any time, and we will update the most current version at www.professionalchessassociation.com If we determine that we have made a material change, we will notify you by sending you an email to the email address you provided when registering for your account or by posting a notice through the Service. If you continue to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms of Service.
The Terms of Service constitutes the entire agreement between you and PCA and governs your use of the Service, superseding any prior agreements between you and PCA with respect to the Service. These Terms of Service are the entire and exclusive agreement between PCA and you regarding the Service, and these Terms of Service supersede and replace any prior agreements between PCA and you regarding the Service (excluding any services for which you have a separate agreement with PCA that is explicitly in addition or in place of these Terms of Service). If any provision of these Terms of Service is held invalid, the remainder of the Terms of Service shall continue in full force and effect. These Terms of Service and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by you.
Paid subscriptions to PCA and other services on this site are governed by the following terms and agreement:
Payments for subscriptions can be made via credit card, PayPal, SWIPE on this website. All subscriptions are processed in US dollars unless otherwise shown. All subscriptions are auto-renewed until cancelled by the subscriber through their account, or by contacting info@PCACHESS.com
Subscribers are authorized to receive the services outlined on the subscription page for the duration of their subscription. Services are effective immediately upon clearing of payment.
Upgrading can be done at any time and the upgrade price. There will be no pro-rated adjustments according to the time used and time remaining. The annual time clock on any membership category will start at the time of registration or upgrading. The upgrade price will show in the checkout process. Downgrades are not available until after the expiration of the original subscription. For help, please contact: info@PCACHESS.com
If you are not satisfied, for any reason then please contact info@PCACHESS.com and we will attempt to resolve the issue. However, please note that because of the nature of the site and the work that is done and implemented the moment you register with PCA, there are NO REFUNDS given at any time, for any reason on memberships. On all purchases of PCA CHESS GEAR which includes a number of items, there is also a NO REFUND policy but if the items are returned for a valid reason, a replacement will be provided within seven days of such return. ALL SHIPPING COSTS will be covered by the party returning goods.
If you have any questions regarding the above policies please contact: info@PCACHESS.com
808 Turtle Cove
Turks & Caicos. B.W. I.
Last Update: January 23rd 2018