Terms of Service
Last Updated: 14 Nov 2020
cdot4, LLC. and/or its affiliates (“Wreckingball”, “Wreckingball Systems”, “we” or “us”) operate a website (“Wreckingball Website”) located at www.wreckingball.systems from which you may purchase services (“Wreckingball Services”).
These Terms of Service apply to the content and functionality of the Wreckingball Website, and to the Wreckingball Services. These Terms of Service do not apply to products or services that we make available pursuant to different terms and conditions.
1. Information that you provide to us
2. Wreckingball Website IP
As between you and Wreckingball Systems, Wreckingball Systems and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Wreckingball Website (collectively, “Wreckingball Website IP”). Wreckingball Website IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Wreckingball Website IP not expressly granted to you in these Terms of Service are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Wreckingball Website or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Wreckingball Systems has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Wreckingball Website
Wreckingball Systems grants you a limited, revocable, non-exclusive, non-transferable license to access the Wreckingball Website. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the services available for purchase in the Wreckingball Website (“Wreckingball Website Services”) are set out in the Wreckingball Website. All features, content, specifications, products and prices of services described or depicted in this Wreckingball Website are subject to change at any time without notice.
5. Your account
We may require that you create an account to access the Wreckingball Website, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6. Sanctions and export policy
You may not use the Wreckingball Website or purchase any Wreckingball Website Service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Wreckingball Website or any Wreckingball Website Service is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
7. No warranties
We provide the Wreckingball Website, Wreckingball Website IP and Wreckingball Website Services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Wreckingball Systems or obtained by you from or through the Wreckingball Website – whether from Wreckingball Systems or another entity, and whether oral or written – creates or implies any warranty from Wreckingball Systems to you.
Wreckingball Systems disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Wreckingball Website; (b) that the Wreckingball Website Services will meet your specific needs or requirements; (c) that the Wreckingball Website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Wreckingball Systems will correct any defects or errors in the Wreckingball Website; or (e) that the Wreckingball Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Wreckingball Website is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
Nothing in these Terms of Service operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.
8. Limitation of liability
Under no circumstances will Wreckingball Systems be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Wreckingball Website or for the unavailability of the Wreckingball Website, or for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to these Terms of Service or your use of the Wreckingball Website, even if such damages are foreseeable, and whether or not you or Wreckingball Systems has been advised of the possibility of such damages. Wreckingball Systems is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Wreckingball Website or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. Wreckingball Systems further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Wreckingball Website inconsistent with our instructions; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Wreckingball Website; (c) any bugs, viruses, or other harmful code that may be transmitted to or through the Wreckingball Website; (d) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (e) third-party content provided by you; or (f) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Wreckingball Systems in relation to the Wreckingball Website, Wreckingball Website IP, and Wreckingball Website Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amounts paid by you to Wreckingball Systems during the twelve-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
9. Applicable law
By using the Wreckingball Website, you agree that the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Wreckingball Systems.
10. Modification and severability
We have the right to change or add to the terms of these Terms of Service at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Wreckingball Website by posting such changes on our website or any other website we maintain or own. You can access a copy of the current version of these Terms of Service on our website at any time. You can find out when these Terms of Service were last changed by checking the date at the top of the page.
11. Our address
1818 Bungalow Row
Wilmington, NC 28409