Terms of Use for ChesapeakeBayBoating.com

IMPORTANT - - READ CAREFULLY: These Terms of Use (“TOU”) are a legally enforceable agreement between You and CBB Systems LLC. d/b/a ChesapeakeBayBoating.com (“CBB”).  These TOU govern the Service (as defined below) provided to You directly or indirectly by CBB and/or its affiliates, licensors, vendors, or suppliers (collectively, “Affiliates”), and Your Content (as defined below).
By clicking “I AGREE TO THE TERMS OF USE” you, either as an individual or a single entity (“You” or “Your” as applicable), agree to be bound by the notices, terms and conditions in these TOU and, as applicable, elsewhere on http://www.chesapeakebayboating.com (including but not limited to CBB’s Privacy Policy & Credit Card Policy, which is made a part of, and incorporated herein, by reference). If You create an account on behalf of a business, You represent to CBB that You have the authority to bind that business and Your acceptance of these TOU will be treated as acceptance by that business. In that event, “You” and “Your” will refer to that business in these TOU. If You do not agree to any part of these TOU, You may not use the Service.
The Service 
The “Service” is comprised of (i) the Chesapeake Bay Boating Member and Vendor websites, currently located at http://www.chesapeakebayboating.com (and/or any successor or additional website(s) owned or operated by or for CBB and/or its Affiliates); and (ii) the servers operated by or on behalf of CBB and/or its Affiliates for the Service. The Service enables You to (i) upload, manage and distribute Your Content directly to the CBB Member or Vendor Website, (ii) access User Content (as defined herein) made available by other users of the Service. “Your Content” for purposes of these TOU are the videos, writings, photos, postings or other works You submit, post, upload, message or otherwise provide to the Service. “User Content” for purposes of these TOU are the videos, writings, photos, postings or other works submitted, posted, uploaded, messaged or otherwise provided by other users to the Service. You are solely responsible for any of Your Content that You upload or provide to the Service, and any User Content that You upload or use from the Service, in each case including complying with these TOU.
Your Content. 
Subject to the licenses, You are granting herein, You retain all of Your rights in Your Content. You shall be solely responsible for Your Content and the consequences of posting or publishing Your Content on the Service. With respect to Your Content, You expressly represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize CBB, its Affiliates and other users of the Service to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content to enable inclusion, publication and use of Your Content as part of the Service and as otherwise contemplated by these TOU. 
By submitting, posting, uploading, emailing or otherwise providing Your Content to the Service, You hereby grant (and warrant that the owner of such rights has expressly granted) to CBB and its Affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit Your Content, in any format or medium now existing or hereinafter invented and whether for commercial or non-commercial purposes in connection with the Service and/or CBB’s and/or its Affiliates’ businesses, including any successors thereto.  Specifically, the foregoing license includes, without limitation, permission for CBB and/or its Affiliates, to: (i) publicly display, publicly perform, transmit, distribute, copy, store, sell, republish, reproduce and/or provide Your Content, whether in its original form, as part of a collective work or otherwise; (ii) secure, encode, reproduce, host, cache, route, reformat, analyze and create algorithms based on Your Content; (iii) distribute, transmit, and/or display Your Content via the Service or such technologies as are supported by CBB and/or its Affiliates from time to time; and (iv) display advertisements in connection with any display of Your Content. You hereby waive, and warrant that the owner has expressly waived, any and all moral rights to Your Content. You also hereby grant each user of the Service a non-exclusive license to access Your Content through the Service, and to use and display Your Content as permitted through the functionality of the Service and under these TOU.
Neither CBB nor its Affiliates guarantee that any of Your Content or any User Content will be made available on the Service, whether continuously or at all, and neither CBB nor its Affiliates shall have any obligation to monitor any of Your Content or any User Content. However, CBB and its Affiliates reserve the right to monitor any of Your Content or any User Content from time to time for any lawful purpose. CBB and/or its Affiliates may, without notice to You, remove or block any of Your Content and/or User Content from the Service, including disabling access to Your Content and/or User Content.  Your Content may be subject to limitations on storage capacity, length of time, format, usage, reproduction and/or dissemination. You are responsible for adhering to such limitations.
Removal of Your Content
You have the right to remove Your Content from the Service.  You are solely responsible for removing your own content but, not related forum posting, messaging or photo and video reviews. You acknowledge and agree that neither CBB nor its Affiliates have any practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that neither CBB nor its Affiliates assume any responsibility for controlling or monitoring such intellectual property rights and shall have no liability therefor.  Your removal of Content from the Service shall not revoke the license to Your Content that You have granted to CBB hereunder.
Creating an Account 
Creating an Account is required to access the Service, to submit, post, upload, message or otherwise provide Your Content. If You wish to upload Your Content, You will be subject to Your Content terms set forth in the “Your Content” section of these TOU. 
You will have to create an account (Free or Paid). As a condition to using the Service, You will be asked to create an account with CBB and select a password and screen name (“CBB User ID”). You shall provide CBB with accurate, complete, and updated all personal information required by CBB. Failure to do so shall constitute a breach of these TOU, which may result in immediate termination of Your account on the Services. You may not (i) select or use as a CBB User ID a name of another person with the intent to impersonate that person; (ii) use as a CBB User ID a name subject to any rights of a person other than You without appropriate authorization; or (iii) use as a CBB User ID a name that is otherwise offensive, vulgar or obscene. CBB reserves the right to refuse creation of account, or cancel a CBB User ID in its sole discretion. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify CBB immediately of any breach of security or unauthorized use of Your account. Although CBB will not be liable for Your losses caused by any unauthorized use of Your account, You may be liable for the losses of CBB, its Affiliates or others due to such unauthorized use. All account information provided by You shall be subject to CBB's Credit Card (Paid Only) & Privacy Policy or any successor thereto.
User Content on the Service. 
You understand that You will be exposed to User Content from a variety of users and neither CBB nor its Affiliates are responsible for the content, accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against CBB and/or its Affiliates with respect thereto, and agree to defend, indemnify and hold harmless CBB, its Affiliates, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to Your access to or use of any User Content.
Your Conduct. 
As a condition of Your access to and use of the Service, You agree not to use the Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of the Service is expressly prohibited.
By way of example, and not as a limitation, You agree not to (a) take any action or (b) upload, download, submit, post, email or otherwise provide, distribute or facilitate distribution of any of Your Content using any communications service or other service available on or through the Service, that: (i.). infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii.) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, offensive, profane, pornographic or obscene, or promotes hate or incites violence; (iii.) misrepresents the source or identity of any content; (iv.) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”) or a chain letter, a pyramid scheme or any other similar solicitation; (v.) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of CBB, its Affiliates or any third party; (vi.) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of CBB and/or its Affiliates; (vii.) constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause CBB and/or its Affiliates to violate any applicable law or regulation.
Additionally, You agree that You will not: (w) take any action that imposes, or may impose, in CBB's sole discretion, an unreasonable or disproportionate load on CBB's infrastructure; (x) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (y) bypass any measures CBB and/or its Affiliates may use to prevent or restrict access to the Service, other accounts, or computer systems or networks connected to the Service; or (z) interfere with any other users enjoyment of the Service, including, without limitation, accessing an account of a CBB user that is not Yours.
Except as expressly provided herein, You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Service or any content available through the CBB website (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any or the rights that You receive hereunder.  If You download or print a copy of the CBB Content or User Content, You must retain all copyright and other proprietary notices contained in or on such content. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any CBB Content, Your Content or User Content.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Service or any content in a manner which sends more request messages to the Service in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, CBB may grant the operators of search engines permission to use robots to copy content from the Service for the sole purpose of creating publicly-available searchable indexes of the content, but not caches or archives of the content, provided that CBB reserves the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Service, including, without limitation, copies of the User Content or information about other users of the Service. The use of any information learned through the Service or while in the CBB website is limited to the express purposes set forth in these TOU; all other uses are strictly prohibited.
Ownership. 
The content of the Service, except Your Content and User Content, including without limitation, the text, software, code, modules, scripts, graphics, photos, sounds, music, videos and the trademarks, service marks and logos contained therein (the “CBB Marks”), are owned by or licensed to CBB and/or its Affiliates, and subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in these TOU, the CBB Content, CBB Marks, and User Content is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever except as set forth in these TOU or without the prior written consent of the respective owners. CBB reserves all rights not expressly granted in and to the Service and the CBB Content.
DMCA Policy.
It is CBB’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of CBB, its Affiliates and/or others. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, please provide CBB's Copyright Agent with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that You claim has been infringed;
  3. a description of where the material that You claim is infringing is located on the Service, with enough detail that we may find it on the Service;
  4. Your address, telephone number, and email address;
  5. a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  6. a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Termination. 
CBB may terminate Your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the Service in accordance with the Credit Card Policy (Paid Only), provided that all provisions of these TOU, which by their nature should survive termination, shall survive termination, including, without limitation, the license to Your Content granted to CBB hereunder, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Representations and Warranties.
Individual Ability to Accept these TOU. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to accept, make and/or perform the terms, conditions, obligations, representations and warranties set forth in these TOU and the TOU, and to abide by and comply with the terms hereof and thereof.
Corporate Ability to Accept these TOU. You represent and warrant at all times that: (i) You are duly organized and validly existing and in good standing under the laws of the state of Your incorporation; (ii) You have full corporate power and authority to enter into these TOU and to carry out the provisions hereof and thereof; (iii) You are duly authorized to execute and deliver these TOU and duly authorized to perform the obligations hereunder and thereunder; (iv) these TOU are legal and valid obligations, binding and enforceable in accordance with their terms; and (v) neither the execution, delivery and performance of these TOU conflicts with any agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.
No Infringement. You represent and warrant that You either own fully and outright or otherwise possess and have obtained all rights, approvals, licenses, consents and permissions as are necessary to perform Your obligations hereunder and under the TOU and to grant the licenses granted by You under these TOU. 
Representations About Your Content. You specifically represent and warrant that Your Content and the distribution and/or publication of Your Content through the Service or through and/or by CBB and/or any Affiliate, directly or indirectly and in any format or medium now existing or hereinafter invented, does not, and shall not, infringe on or misappropriate the rights of any third party, nor shall doing so violate any right of any person. You further represent that You have paid all license fees and/or other fees required to be paid to third parties for performance of Your obligations or exercise of Your rights hereunder, for the grant of the licenses hereunder and for any other act by You under these TOU (“Third Party Fees”), and You covenant to timely pay any and all Third Party Fees required to be paid in the future for such actions. You further expressly agree that, as between You, on the one hand, and CBB and its Affiliates, on the other hand, any obligation to pay Third Party Fees as a result of distribution of Your Content pursuant to these TOU shall be Your obligation and not the obligation of CBB or its Affiliates. Basic accounts (Free Accounts) that are over 120 days with not use will have their messages, photos, videos removed without notice.
Warranty Disclaimer. 
THE SERVICE, USER CONTENT, CBB CONTENT AND CBB MARKS ARE PROVIDED BY CBB AND ITS AFFILIATES “AS IS” AND “AS AVAILABLE”.CBB AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SERVICE, THE USER CONTENT, THE CBB CONTENT OR CBB MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, CBB AND ITS AFFILIATES DISCLAIM ALL WARRANTIES REGARDING THE SERVICE, THE USER CONTENT, THE CBB CONTENT OR CBB MARKS, WHETHER EXPRESS, IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES). YOU AGREE THAT USE OF THE SERVICE AND ANY USER CONTENT SHALL BE AT YOUR SOLE RISK. FURTHER, CBB AND ITS AFFILIATES DO NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND NEITHER CBB NOR ITS AFFILIATES WILL BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
Limitation of Liability. 
IN NO EVENT SHALL CBB, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SERVICE (INCLUDING BUT NOT LIMITED TO, USER CONTENT, CBB CONTENT AND CBB MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF CBB OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CBB AND ITS AFFILIATES ASSUME NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE, ANY YOUR CONTENT OR USER CONTENT; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT, INCLUDING ANY YOUR CONTENT OR USER CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE.

SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, CBB'S AND ITS AFFILIATES' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification. 
You agree to defend, indemnify and hold harmless CBB, its Affiliates and their respective officers, directors, employees and/or agents (collectively, “CBB Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Service or any Content including any of Your Content or any User Content; (ii) Your violation of any term of these TOU; (iii) Your violation, alleged or actual, of any third party right, including without limitation any intellectual property or privacy right; (iv) any claim that any of Your Content You upload and publish on the Service caused damage to a third party; or (v) Your wrongful, negligent or willful misconduct (collectively, “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the CBB Indemnitees. CBB shall have the right, in its sole discretion, to select its own legal counsel to defend the CBB Indemnitees from any Claims (but by doing so shall not waive Your indemnity obligations), and You shall be solely responsible for the payment of all reasonable attorney’s fees incurred by the CBB Indemnitees in connection therewith. You shall not, without the prior express written approval of CBB, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for any CBB Indemnitee. This defense and indemnification obligation will survive these TOU and Your use of the Service.

Miscellaneous. 
Acceptance. If You do not accept all of the terms and conditions set forth in these TOU, You may not access or use the Service.

Ability to Accept. The Service is only available to users who are over the age of 18, or an emancipated minor, or possess legal parental or guardian consent, and are fully able to and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in these TOU.

Modification. CBB shall have the right to modify these TOU at any time, which modification shall be effective immediately following CBB's posting of such change on the Service. We recommend that You check the Service regularly for any such changes. Your use of the Service following such posting shall be deemed to constitute Your acceptance of such modification. These TOU may not otherwise be changed or modified, except in a writing signed by an authorized representative of CBB.

Enforceability and Waiver. If any provision of these TOU is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these TOU will not be affected. No delay or failure by CBB to exercise or enforce any of its rights under these TOU will act as a waiver of such rights.

Export and International Use. The Service is controlled and offered by CBB and/or its Affiliates from facilities in the United States of America. CBB and its Affiliates make no representations that the Service, the CBB Content, or the User Content are appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Governing Law, Jurisdiction and Venue. These TOU shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts with jurisdiction over Montgomery County, Maryland for any claim or action arising out of or relating to these TOU or Your use of the Service.

Force Majeure. In the event that either party is prevented from performing or is unable to perform any of its obligations under these TOU due to any cause beyond its reasonable control, then that party's performance shall be excused and the time for performance shall be extended for the period of delay or inability to perform due to such occurrence.

Relationship.  Nothing herein shall be construed to create a partnership, joint venture or agency relationship between CBB and You, and neither party has authority to enter into agreements of any kind on behalf of the other.

Assignment. You may not assign any of Your rights or obligations under these TOU without CBB's express prior written consent. CBB and its Affiliates may assign their rights or assign or delegate any of their obligations under these TOU to the extent deemed necessary or desirable.

Effect of Waiver. The waiver by CBB of a breach or a default of any provision of these TOU shall not be construed as a waiver of any succeeding breach of the same or any other provision.
Severability. Each provision of these TOU shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.

Survival. All terms of these TOU which by their nature extend beyond their termination shall remain in effect for as long as necessary to permit their full discharge and apply to each party's respective successors and permitted assigns.

Headings. The section headings and subheadings contained in these TOU are included for convenience only, and shall not limit or otherwise affect the terms hereof. 

Notices. Except as set forth above with respect to CBB’s DMCA Policy, all notice required to be given under these TOU must be given by e-mail .

Email: service@chesapeakebayboating.com

If to You: Via email or transmittal to the address identified by You through Your creation of an account for the Service shall constitute notice to You.

You consent to receive electronic communications and you agree that all agreements, marketing communications, notices, disclosures and other communications that we provide to you electronically, via email, text messages and on the Service, satisfy any legal requirement that such communications be in writing.

Entire Agreement. These TOU, together with the CBB Credit Card & Privacy Policy, constitutes the entire understanding of the parties hereto with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and CBB concerning the subject matter hereof. Neither party hereto has relied on any statement, representation or promise of the other party or representative thereof in agreeing to these TOU.

Amendment.  At any time, CBB may amend these TOU (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the website pages covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the website.