Terms of Use

These terms of use (“Terms of Use”) apply to your access to, and use of, the services of Chesapeake Bay Crab Cakes & More and its subsidiaries and affiliated companies/brands (collectively, “Company”, “us”, “our” or “we”), including without limitation the applications and website available at https://www.cbcrabcakes.com (the “Website”) or engage with us in other related ways (collectively, the “Services”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Chesapeake Bay Crab Cakes & More, or its affiliates and/or partners, for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf.

1. ACCEPTANCE OF TERMS OF USE

These Terms of Use set forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand, and fully agree to be legally bound by these Terms of Use and our Privacy Policy.

If you do not agree to these Terms of Use and Privacy Policy, please do not use the Services, and promptly exit the Services.

Chesapeake Bay Crab Cakes & More may, in its sole discretion and on a prospective basis, change these Terms of Use from time to time on a prospective basis, and modify, add, or discontinue any aspect, content or feature of the Services. Your continued use or access of the Services following the posting of any changes to these Terms of Use constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms of Use would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms of Use being deemed illusory or unenforceable. For material changes, we will provide notice via the Services and/or email where available. Material changes will take effect prospectively. If you do not wish to agree to the updated Terms of Use, you must stop using the Services before the effective date.

2. PERMITTED USE; SECURITY

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by Chesapeake Bay Crab Cakes & More and other sources. Such material is protected by copyright, trademark, and other applicable laws. Unless otherwise agreed to in writing by Chesapeake Bay Crab Cakes & More, you agree that you will not use the Services, or duplicate, download, publish, modify, or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, “deep linking”), without Chesapeake Bay Crab Cakes & More’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy information of users, or otherwise engage in data mining or similar data gathering. You also agree not to access the Services through any means other than publicly documented interfaces provided by Chesapeake Bay Crab Cakes & More, and not to circumvent or attempt to circumvent any access control, rate limiting, robots.txt, or other technical measures we employ to protect these Services.

We have implemented reasonable and appropriate security measures designed to protect the information provided through and/or maintained on the Services. When using the Services, information will be transmitted over the Internet, a medium that is beyond the control of Chesapeake Bay Crab Cakes & More. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

3. YOUR ACCOUNT

If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. To create an account, users must be 18 years of age or older. If you are under the age of 18, you may use Chesapeake Bay Crab Cakes & More only with the involvement of a parent or guardian. Chesapeake Bay Crab Cakes & More reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

It is a condition of your use of the Services that you do not:

  • Interfere with any other user in using and enjoying the Services;
  • Collect information about other users or third parties via the Services or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;
  • Engage in the systematic retrieval of data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory, without Chesapeake Bay Crab Cakes & More’s prior written consent;
  • Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users;
  • Attempt to gain unauthorized access to other computer systems or networks connected to the Services;
  • Take actions for the purpose of manipulating or distorting, or that may undermine the integrity and accuracy of any ratings or reviews of any service or product that may be presented by the Services;
  • Provide fictitious information or conceal your identity or location, including, but not limited to, in an attempt to circumvent limits associated with promotional or other offers;
  • Use the Services for unlawful purposes; or
  • Use the Services to commit an act of deception, fraud, or abuse or violation of the Company’s terms.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working order or manner of the Services or any activity being conducted on the Services. You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including without limitation reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms of Use or violation of applicable law, or your use or access of the Services, in each case to the maximum extent permitted by applicable law.

4. MOBILE TERMS & CONDITIONS (SMS PROGRAM)

Chesapeake Bay Crab Cakes & More offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, and low inventory alerts by SMS message from 64979 (the “SMS Program”). By participating in the SMS Program, you are agreeing to these Terms of Use and our Privacy Policy.

Signing Up and Opting-In to the Service

Enrollment in the Service requires you to provide your mobile phone number and to agree to these Terms of Use. You may not enroll if you are under 18 years old. We reserve the right to stop offering the SMS Program at any time with or without notice. 

By opting into the SMS Program you:

  • Authorize Chesapeake Bay Crab Cakes & More to use an automatic telephone dialing system to send recurring automated text messages to the mobile number associated with your opt-in;
  • Acknowledge that you do not have to agree to receive messages as a condition of purchase;
  • Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in;
  • Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, call 1-877-867-6851 or email info@cbcrabcakes.com.

Charges and Carriers

Message frequency may vary. Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Program may not be available on all wireless carriers. Chesapeake Bay Crab Cakes & More may add or remove any wireless carrier from the Service at any time without notice. Chesapeake Bay Crab Cakes & More is not responsible for any undue delays, failure of delivery, or errors in messages. 

To Exit SMS Program or for Help

To stop receiving text messages from us, text the word STOP to 64979 at any time, or reply STOP to any of the text messages you have received from us. This is the exclusive method for opting out. After texting STOP to 64979, you will receive one additional message confirming that your request has been processed. 

You can text HELP to 64979 for help at any time, call our customer service number at 1-877-867-6851 or email us at info@cbcrabcakes.com. 

5. USER CONDUCT AND SUBMISSIONS

You are responsible for your use of the Services, and for any consequences thereof.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Services or any portion thereof without authorization, in violation of these Terms of Use, or in violation of applicable law.

You agree not to, and will not assist, encourage, or enable others to, use the Services to: (i) violate these Terms of Use or any of our or our licensors’ rights or use the Services and/or Content (as defined below) to violate the rights of any third party, such as copyright or trademark right, or in any way that harms our business, our service providers, licensors, representatives, or any other user, or breaches any policy or notice on the Services; (ii) copy, modify, adapt, translate, reproduce, distribute, display, or provide access to any portion of the Services and/or Content; (iii) create derivative works from, adaptations of, decompile, disassemble, reverse engineer or in any way exploit, in whole or in part, except as expressly authorized by the applicable rights holder, any portion of the Services and/or Content; (iv) modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the information in whole or in part, except as expressly authorized by the applicable rights holder; (v) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services or in or on any Content; (vi) harvest or collect email addresses or other contact information of other users by electronic or other means, or contact other users through unsolicited e-mail, telephone calls, mailings, or any other method of communication; (vii) use the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Services; (viii) upload to or distribute through the Services any binary code, macros or other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality of a computer; (ix) attempt to gain unauthorized access to any parts of the Services or any user accounts, or any of the Services’ computer systems or networks; (x) use automated queries or scripts (including, without limitation, by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from the Services and/or the Content) without Chesapeake Bay Crab Cakes & More’s prior express written permission; (xi) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity (including Chesapeake Bay Crab Cakes & More); (xii) solicit passwords or personally identifying information for commercial or unlawful purposes from anyone; (xiii) intimidate or harass another; (xiv) assist, encourage or enable others to do any of the preceding prohibited activities; or (xv) violate any applicable law.

Certain portions of the Services may allow users to submit, upload, post, share, or otherwise transmit photos, audio, video and other media, files, data, commentaries, suggestions, comments, feedback, reviews, audio, video or other content (“Content”) in posts, public or private messages to us and/or the public, or other similar transmission.

If you submit, upload, post, share or otherwise transmit any Content, you agree not to use the Services to upload, post, share, or otherwise transmit any Content that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, contains explicit sexual content (including nudity) or harmful, or that could encourage criminal or unethical behavior; (b) violates, infringes, threatens, abuses, harasses or invades the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property or proprietary right of any person or entity; (c) contains a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any data or other information of any third party; (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; (e) does or may denigrate or offend any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (f) impersonates any person or entity, including any employee or representative of Chesapeake Bay Crab Cakes & More; (g) implies that your Content is in any way sponsored or endorsed by Chesapeake Bay Crab Cakes & More, except with our prior written consent; or (h) violates any applicable law or these Terms of Use.

You expressly acknowledge that no Content you submit, upload, post, share or otherwise transmit shall be treated as confidential, that you alone are responsible for your Content (including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure of information that makes you personally identifiable), and once published, your Content cannot always be withdrawn. Furthermore, you represent and warrant that you have the legal right and authorization to provide your Content for use as set forth herein and required by us.

All your Content must comply with these Terms of Use, and we reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit, or remove any Content that is submitted, uploaded, posted, shared or otherwise transmitted to the Services. You acknowledge that we do not verify, adopt, ratify, or sanction your Content, and you agree that you must evaluate and bear all risks associated with our use of your Content or our reliance on the accuracy, completeness, or usefulness of your Content. By submitting Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and publicly display such Content in connection with operating, improving, and promoting the Services, and to comply with legal obligations. To the extent permitted by law, you waive any moral rights or rights of attribution with respect to your Content. This license continues for as long as your Content is protected by intellectual property rights, unless required to end earlier by applicable law or you delete your Content from the Services (subject to reasonable backup, archival, or legal retention). For the avoidance of doubt, and to capture rights granted under our prior terms, this license is also granted on a perpetual basis to the maximum extent permitted by applicable law and includes the right (but not the obligation) for Chesapeake Bay Crab Cakes & More and its designees to identify you as the author of any submission by name, email address, or screen name as we deem appropriate. 

6. COPYRIGHTS

Chesapeake Bay Crab Cakes & More respects the intellectual property rights of others and expects users of the Services to do the same. We do not host user‑uploaded media (for example, photos or videos), and user contributions are limited to moderated comments. You agree not to upload, post, transmit, or otherwise make available any content that infringes any third party’s intellectual property or other proprietary rights. Chesapeake Bay Crab Cakes & More may, in its sole discretion, remove or disable access to content alleged to be infringing and may suspend or terminate access to the Services for users who Chesapeake Bay Crab Cakes & More believes are or may be repeat infringers.

If you believe that material available on or through the Services infringes your copyright, please notify us by calling us at 1-877-867-6851. We do not undertake any obligation to remove content, take any particular action, or make legal determinations regarding infringement, and any actions taken by us are voluntary and without admission of liability. We may remove or disable access to material in its discretion without admitting that the material is infringing.

7. INTELLECTUAL PROPERTY

Chesapeake Bay Crab Cakes & More grants you a limited, revocable, nonexclusive, and nontransferable license to access and make personal, non-commercial use of this Website and Services. Except for page caching, you may not download, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transmit, or otherwise exploit this Website, the Services, or any portion thereof without our express written consent.

This license strictly excludes: any resale or commercial use of the Website or its contents; any collection or use of product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading, copying, or other use of account information for the benefit of another merchant; and any use of data mining, robots, spiders, or similar data gathering or extraction tools. The Website, the Services, or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 

You may not frame or use framing techniques to enclose any trademark, logo, service mark, trade name, or other proprietary information (including images, text, page layout, or form) of Chesapeake Bay Crab Cakes & More without express written consent. You may not use meta tags or any other “hidden text” that uses Chesapeake Bay Crab Cakes & More’s name, marks, or logos without express written consent. Any unauthorized use automatically terminates the license granted by Chesapeake Bay Crab Cakes & More.

Chesapeake Bay Crab Cakes & More owns all right, title and interest in and to the Services and all materials, features, and content made available through the Services, including, without limitation, Website design, logos, button icons, images, digital downloads, data compilations, text, and graphics which are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of such materials or content is strictly prohibited. All rights not expressly granted in these Terms of Use are reserved by us.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Services solely for personal use. Any other use of materials on the Services, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written consent of Chesapeake Bay Crab Cakes & More is strictly prohibited.

Chesapeake Bay Crab Cakes & More’s names, logos, service marks, and trademarks may not be used in connection with any product or service that is not provided or authorized by Chesapeake Bay Crab Cakes & More, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Chesapeake Bay Crab Cakes & More.

8. CHILDREN’S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

The Website and the Services are intended for a general audience 18 years of age or older. By using the Services, you represent and warrant that you are at least 18 years old. If you are under the age of 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use on your behalf. If you do not meet these requirements, you must not use the Services and should promptly exit the Services. We do not direct the Services to children under the age of 13 and do not knowingly solicit information from, market to, or collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete that information. For additional information on our practices concerning the privacy of children (including requirements applicable to teens), please see our Privacy Policy. 

Pursuant to 47 U.S.C. Section 230(d) as amended, Chesapeake Bay Crab Cakes & More hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org.

9. USE OF DISCOUNT OFFERS & COUPONS

Use of Chesapeake Bay Crab Cakes & More or Chesapeake Bay Crab Cakes & More Catalog coupons or discount offers are subject to certain terms, conditions, and restrictions including, but not limited to, one coupon or discount offer per order, not valid with any other offer, void if transferred or reproduced, and no cash value. 

10. DISCLAIMER OF WARRANTIES

While Chesapeake Bay Crab Cakes & More uses reasonable efforts to include up-to-date information on the Services, Chesapeake Bay Crab Cakes & More makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. We attempt to be as accurate as possible, however, we do not warrant that product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

CHESAPEAKE BAY CRAB CAKES & MORE PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHESAPEAKE BAY CRAB CAKES & MORE, ITS AFFILIATES, AGENTS, AND LICENSORS (COLLECTIVELY, THE “CHESAPEAKE BAY CRAB CAKES & MORE PARTIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CHESAPEAKE BAY CRAB CAKES & MORE DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES ARE SOLELY AT YOUR RISK.

YOU ACKNOWLEDGE AND AGREE THAT NEITHER CHESAPEAKE BAY CRAB CAKES & MORE NOR ANY PARTICIPANT ON THE SERVICES PROVIDES PROFESSIONAL ADVICE OF ANY KIND, AND ANY INFORMATION, CONTENT OR MATERIALS MADE AVAILABLE VIA THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE USED OR RELIED UPON SOLELY AT YOUR OWN RISK.

11. EXCLUSION OF DAMAGES

NONE OF THE CHESAPEAKE BAY CRAB CAKES & MORE PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF CHESAPEAKE BAY CRAB CAKES & MORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF THE CHESAPEAKE BAY CRAB CAKES & MORE PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, CHESAPEAKE BAY CRAB CAKES & MORE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICES BY YOU OR ANY THIRD PARTY.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL THE CHESAPEAKE BAY CRAB CAKES & MORE PARTIES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND SERVICES OR THESE TERMS OF USE EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO CHESAPEAKE BAY CRAB CAKES & MORE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS OF USE LIMITS LIABILITY FOR WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR WHERE SUCH LIMITATION IS PROHIBITED BY LAW. 

13. APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, CHESAPEAKE BAY CRAB CAKES & MORE’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. THIRD PARTY WEBSITES AND FUNCTIONALITIES

THE THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR FROM THE SERVICES ARE NOT CONTROLLED BY CHESAPEAKE BAY CRAB CAKES & MORE. ADDITIONALLY, THIRD PARTIES MAY PROVIDE TOOLS OR SERVICES (“THIRD PARTY TOOLS”) THAT ARE MADE AVAILABLE TO YOU THROUGH OUR SERVICES (FOR EXAMPLE, BUT NOT LIMITED TO, FACEBOOK FEATURES). ACCORDINGLY, CHESAPEAKE BAY CRAB CAKES & MORE MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS. YOUR USE OF THIRD-PARTY SERVICES OR WEBSITES OR THIRD-PARTY TOOLS IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICES OF A LINK TO A THIRD-PARTY SERVICE OR WEBSITE, OR INCLUSION OF A THIRD-PARTY TOOL, DOES NOT IMPLY AN ENDORSEMENT BY CHESAPEAKE BAY CRAB CAKES & MORE. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SERVICES OR SITES, OR THIRD-PARTY TOOLS, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE THIRD-PARTY WEBSITES OR SERVICES OR THIRD-PARTY TOOLS. REPRESENTATIONS REGARDING THIRD-PARTY PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE THIRD PARTIES’ TERMS AND POLICIES, AND CHESAPEAKE BAY CRAB CAKES & MORE IS NOT RESPONSIBLE FOR YOUR DEALINGS WITH ANY THIRD PARTY.

Some posts and pages on the Website contain affiliate links. If you click a link and make a purchase from a third party, we may earn a commission. Sponsored content will be clearly identified as such. We make these disclosures to comply with applicable Federal Trade Commission guidelines. Purchases you make from third parties are solely between you and the applicable third-party and are governed by that third-party’s terms and policies; Chesapeake Bay Crab Cakes & More is not responsible for third-party products, services, or transactions. 

15. INDEMNIFICATION

You agree to indemnify and hold harmless the Chesapeake Bay Crab Cakes & More Parties, and at Chesapeake Bay Crab Cakes & More’s option defend the Chesapeake Bay Crab Cakes & More Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Chesapeake Bay Crab Cakes & More Parties arising out of your use of the Services or any alleged breach by you of any provision of these Terms of Use, or the infringement by you, or any other subscriber or user of your Account, of any intellectual property or other right of any person or entity. If you are obligated to indemnify any of the Chesapeake Bay Crab Cakes & More Parties, Chesapeake Bay Crab Cakes & More may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise, or in any other manner dispose of any Claim without the written consent of Chesapeake Bay Crab Cakes & More.

16. TERMINATION

In its sole and absolute discretion, with or without notice to you, Chesapeake Bay Crab Cakes & More may suspend or terminate your use of and access to the Services, terminate your Account (if applicable) and/or remove and discard anything transmitted by you, or information stored, sent, or received via the Services without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification; (ii) permitting another person or entity to use your user identification to access the Services; (iii) any unauthorized access or use of the Services, (iv) any violation of these Terms of Use; (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Services; (vi) failure to use the Services on a regular basis; or (vii) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. Chesapeake Bay Crab Cakes & More shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Chesapeake Bay Crab Cakes & More may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Chesapeake Bay Crab Cakes & More. 

17. GENERAL

These Terms of Use and the relationship between you and Chesapeake Bay Crab Cakes & More shall be governed by the laws of the United States and the State of Maryland without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Baltimore County, Maryland and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. Licensors of Chesapeake Bay Crab Cakes & More Services are third party beneficiaries to these Terms of Use. No failure or delay by Chesapeake Bay Crab Cakes & More in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Services, or these Terms of Use, our Privacy Policy, or other Chesapeake Bay Crab Cakes & More Transactions or Relationships (as defined below) must be filed within one (1) year after such claim or cause of action arose or be forever barred, except where a longer limitations period is required by applicable law. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered, or waived except in writing by the party to be charged. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You shall not assign your rights or obligations hereunder without Chesapeake Bay Crab Cakes & More’s prior written consent. Chesapeake Bay Crab Cakes & More may assign these Terms, in whole or in part, and any of its rights or obligations hereunder without restriction.

18. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with CHESAPEAKE BAY CRAB CAKES & MORE; (iii) any data or information you may provide to CHESAPEAKE BAY CRAB CAKES & MORE or that CHESAPEAKE BAY CRAB CAKES & MORE may gather in connection with such use, interaction or transaction; or (iv) any other unresolved claim or controversy (collectively, “CHESAPEAKE BAY CRAB CAKES & MORE Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other CHESAPEAKE BAY CRAB CAKES & MORE Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of CHESAPEAKE BAY CRAB CAKES & MORE’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against CHESAPEAKE BAY CRAB CAKES & MORE, and any claim that CHESAPEAKE BAY CRAB CAKES & MORE may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy or any CHESAPEAKE BAY CRAB CAKES & MORE Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Arbitration Rules & Procedures in effect and applicable to the amount in controversy at that time (the “Applicable Rules”). The most recent version(s) of the JAMS Arbitration Rules & Procedures rules is available at www.jamsadr.com and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Procedures and Guidelines where applicable, and, where applicable, the Mass Arbitration Procedures and Guidelines shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of arbitration claims, if seventy-five (75) or more substantially similar claims are filed against CHESAPEAKE BAY CRAB CAKES & MORE within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, JAMS will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature" if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, JAMS will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and CHESAPEAKE BAY CRAB CAKES & MORE, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section.

You further agree that:

  1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and CHESAPEAKE BAY CRAB CAKES & MORE (the “Arbitrator”);
  2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Use and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;
  3. Arbitration proceedings will be held in Baltimore County, Maryland or if your claim does not exceed $10,000 then the arbitration will be conducted solely on the basis of the documents you and CHESAPEAKE BAY CRAB CAKES & MORE submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary;
  4. the Arbitrator (i) shall apply internal laws of the State of Maryland consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Maryland or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
  5. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  6. if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein;
  7. CHESAPEAKE BAY CRAB CAKES & MORE may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after CHESAPEAKE BAY CRAB CAKES & MORE has given notice of such modifications and only on a prospective basis for claims arising from CHESAPEAKE BAY CRAB CAKES & MORE Transactions and Relationships occurring after the effective date of such notification; and
  8. nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

19. RISK OF LOSS

Chesapeake Bay Crab Cakes & More shall make all commercially reasonable efforts to maintain the availability of the Services, however Chesapeake Bay Crab Cakes & More will not be responsible for any damage or losses related to any system errors or interruptions affecting the Services. You accept that the Services could become unavailable unexpectedly as a result of circumstances beyond Chesapeake Bay Crab Cakes & More’s control or routine maintenance. Moreover, the Services may be terminated at any time for any reason without advance notice. All decisions by Chesapeake Bay Crab Cakes & More regarding the Services are final. Without limiting the foregoing, you agree that we have the right to modify or discontinue provision of the Services, in whole or in part, at any time, and to remove data or content you provide, either temporarily or permanently, with or without notice, and without liability of any kind to you. We will not be responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information. 

20. GOVERNING LAW

These Terms, and your access to and use of the Website and Services, as well as any dispute, claim, or controversy arising out of or relating to them, will be governed by and construed in accordance with the laws of the State of Maryland, without regard to conflict-of-law rules or principles (whether of Maryland or any other jurisdiction) that would result in the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or that cannot be heard in small claims court will be resolved exclusively in the state or federal courts located in Baltimore County, Maryland, and the parties consent to the personal jurisdiction and venue of those courts.

21. CONTACT US

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further information regarding the Services, please contact us at: 

Chesapeake Bay Crab Cakes & More

10711 Red Run Blvd. Suite 115

Owings Mills, MD 21117

Email: info@cbcrabcakes.com

Ordering: 1-800-282-2722

Customer Service: 1-800-282-2722

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.