THESE TERMS OF SERVICE REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CONSTITUTE A LEGALLY BINDING CONTRACT WHICH GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING, VIEWING, BROWSING, VISITING OR USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY OR REVISE THESE TERMS AT ANY TIME BY POSTING UPDATES TO THIS PAGE. YOU WILL BE DEEMED TO HAVE ACCEPTED ANY SUCH MODIFICATION OR REVISION BY CONTINUING TO USE THIS WEBSITE AND SHOULD THEREFORE VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS. ALL MODIFIED OR REVISED TERMS SHALL AUTOMATICALLY BE EFFECTIVE THIRTY (30) DAYS AFTER THEY ARE INITIALLY POSTED. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THIS WEBSITE.
Subject to these Terms, we authorize you to view and download the information and other materials at or through this Website only for your personal, non-commercial use. Additional terms and conditions may apply to your use of any products and services offered through this Website. Please review all such terms and conditions before you use any such products and services.
Use of this Website is only available to users who are 18 years of age or older and reside in the United States or its possessions and territories. The Company makes no claims that this Website or any of its content is accessible from outside the United States. Should you access our Website outside of the United States, you do so on your own initiative and are responsible for compliance with all local laws.
You acknowledge and agree that this Website uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Website, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
“ K&M Fireworks,” and certain other words and logos displayed on this Website and which may or may not be designated on this Website by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of the Company or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third-party that may own the trademark or copyright of information displayed on this Website.
This Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain Content. As part of the registration and account creation process, you will select a password and provide us with certain registration information. You are solely responsible for maintaining the confidentiality of your password(s) and you will be responsible for all usage or activity on your account, including but not limited to the unauthorized use of your account by any person using your password(s) and any purchases made by parties using your account, whether or not authorized by you.
The following requirements apply to your use of this Website: (a) you will not use any feature of this Website for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or racially, sexually, religiously, or otherwise objectionable or offensive, all as determined by the Company in its sole and absolute discretion; (b) you will not upload any Content or link to any Content that contains or promotes any of the foregoing; (c) you will not upload, post, reproduce, or distribute any information, software, pictures, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (d) you will not solicit, collect or store personal data about other users; (e) you will not solicit money from or offer to provide money to other users in exchange for acts or services of any nature; (f) you will not use this Website for any commercial purpose not expressly approved by the Company in writing; (g) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (h) you will not upload, post, email, or otherwise transmit any material that contains viruses, adware, spyware or any other computer code, cookies, files, or programs which might interrupt, limit, overburden, or interfere with the functionality of any computer software or hardware or telecommunications equipment, including this Website; (i) you will not use or develop any third-party applications that interact with this Website or other users’ Content without our prior written consent; and (j) you will not gain, or attempt to gain, unauthorized access to this Website, the servers or networks connected to this Website by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of this Website).
From time to time you may be able to submit photos, written posts and certain other materials on certain areas of our Website (“Your Content”), pursuant to these Terms. You agree that you will not post any Content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by the Company in its sole and absolute discretion; that you will not post any Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of the Company, or misrepresent an affiliation with another person or organization; you will not post any Content that contains viruses, corrupted files, adware, spyware, worms, or any other similar software or programs that may adversely affect the operation of this Website, or any feature of this Website. The Company may cancel your account and delete all Your Content at any time, and without notice, if the Company deems that you have violated these Terms, the law, or for any other reason, in its sole and absolute discretion. For greater certainty, and without limiting the effect of the foregoing, the Company reserves the right, in its sole and absolute discretion, to modify, edit, refuse to post, or remove any of Your Content, if a complaint or notice of allegedly infringing materials is received with respect to Your Content, if Your Content violates these Terms, or for any other reason.
By displaying, publishing, or otherwise posting any of Your Content on or through this Website, you hereby irrevocably grant to the Company a non-exclusive, fully sub-licensable, non-revocable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute Your Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party’s permission. Further, you waive all moral rights in and to all Your Content that you post on, upload or otherwise submit to or through this Website in favor of the Company. You continue to retain all ownership rights you hold in Your Content, and you retain any right to use Your Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own all of Your Content submitted, displayed, published or posted by you on this Website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of Your Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
In these Terms, “Feedback” refers to any material you post on or through this Website that is specifically about how we can improve this Website and/or the products and services we make available through this Website. Although we do not claim ownership of Your Content that you post using this Website, the Feedback you provide to us through this Website will be and remain our exclusive property. Your submission of Feedback will, and hereby does, constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
We offer products for purchase on this Website (“Products”). You may purchase Products by filling in the order form on this Website. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities or Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you using the email address, billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Prices for Products are subject to change without notice. All prices for Products are in US dollars, and are exclusive of any applicable local, state, or federal taxes.
All payments made through this Website are processed using a third-party processor. You acknowledge that the Company is not liable for any breaches of credit card or debit card security or privacy by such third-party processor. You agree to pay all charges from the Company incurred by users of your credit card, debit card, or other method of payment.
You are required to pick up all the Products from the Company’s store specified on your order acknowledgment.
Refunds and Replacements
If you received a Product with a ‘best buy’ date that has passed or that was damaged in transit, or if you are otherwise dissatisfied with the Product for any reason, we will refund your purchase or offer you a replacement Product, at no additional cost to you; provided, however, that such refund or replacement will be limited to a maximum of one case of Product and certain shipping costs may apply. To request a refund or replacement Product, send an email to email@example.com with your name, order confirmation number, and reason for the request, within 30 days of when you receive your Product. We may require proof of purchase if we can’t verify your order. If necessary, we will adjust this refund policy as required by the laws of the jurisdiction in which you live. Food safety laws prohibit us from accepting the return of food products. This refund policy is subject to change without notice.
If available, you may enroll in Auto Order on our website. When you enroll in Auto Order, you direct us to make continuous additional orders of the same product or products to you each month (or on such other frequency as you select) until you modify your choices with Auto Order or cancel your participation in Auto Order. When you participate in Auto Order, we will automatically create a new order for each Auto Order order that will occur at the frequency that you define when you set up your order schedule, until you or K&M Fireworks, cancels your participation in Auto Order.
By enrolling in Auto Order, you expressly acknowledge and agree that K&M Fireworks, (or our third-party payment processor) is authorized to charge you on the date that you place an initial order for a product and enroll in Auto Order and thereafter on a periodic basis (e.g. monthly ) for each product that you elect to Auto Order (in addition to any applicable taxes or other charges) until you elect to cancel your participation in Auto Order. By participating in Auto Order, you expressly agree to automatic recurring billing and permit us or our third-party payment processor to submit period charges without your further authorization until you provide us with prior written notice that you want to change your payment method or cancel your participation in Auto Order.
We will cancel your participation in Auto Order if your credit card is canceled or expired and you do not agree to continue Auto Order with a different valid credit card. We will continue to make charges for Auto Order orders on the credit card that you used to order your initial Auto Order order or as otherwise directed by you. Some of the offer details may change as you receive orders over time (for example, price, taxes, availability, and if applicable shipping charge). If the item is unavailable when we plan to fulfill it, you authorize us to fulfill your order with a similar item that we believe will meet your expectations. We may, in our sole discretion, terminate your Auto Orders at any time without notice. If we do so, you will only be charged for orders that have been received by you.
You agree to use the Products only as instructed by the manufacturer. You understand that Products may contain materials that could be dangerous if handled improperly, and it is your responsibility to use the Products in accordance with the Product labels and instructions provided by the manufacturer. You acknowledge that the Company is not liable for any personal injury or property damage arising from any use of any Products offered through this Website.
If you wish to purchase any Product, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, CCV code, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf, or through your account on this Website. Verification of your information may be required prior to the acknowledgment or completion of any transaction.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE, THE CONTENT AND ANY PRODUCTS OFFERED THROUGH THIS WEBSITE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS WEBSITE, THE CONTENT AND THE PRODUCTS OFFERED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS WEBSITE, THE CONTENT, THE PRODUCTS OFFERED THROUGH THIS WEBSITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS WEBSITE OR THE PRODUCTS (AS DEFINED BELOW). THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE. THE COMPANY DOES NOT WARRANT THAT ALL USER INFORMATION OR ALL INFORMATION POSTED BY A USER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE, USER INFORMATION OR ANY INFORMATION POSTED BY A USER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY THE COMPANY OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
ANY PRODUCTS DESCRIBED ON THIS WEBSITE ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THIS WEBSITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENT OR PRODUCTS OFFERED THROUGH THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION, OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Website or your breach of any representations, warranties, covenants or obligations contained in these Terms.
This Website may include special promotions, features or functionality. For example, you may be able to use this Website to enter a sweepstakes or contest; to purchase products; or to design and email a friend. These special promotions, features and functionality may be offered subject to special terms and conditions, such as age restrictions, entry deadlines, return policies, or restrictions on use. If special terms and conditions apply, we will post appropriate notices on this Website on the entry form, the order form or the registration page. Such notices supplement or amend these Terms and are hereby made part of these Terms.
We may choose to enable certain social media functions on this Website in order to help you complete a purchase, share product or other information with yourself or friends, or to post a comment, review or recommendation on either this Website or third-party platforms. If you choose to use social media functions on this Website, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media service that we may utilize. The terms and conditions for the social media services may be found on each respective social media website or mobile app. Such social media websites and mobile apps may also be able to use information about actions you take on this Website. However, note that where you choose to publish information on the interactive parts of this Website outside of these privacy settings, or in any way through a social media website or mobile app, that information will not be protected by us. Such information is considered in the public domain, which may be accessed by any person using the Internet in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of this Website in this manner, you do so at your own risk. In addition, you acknowledge and agree that we are not responsible for the availability of any social media services that we may add to the connect function, and do not endorse and are not responsible or liable for any Content, advertising, goods, services or other materials on, available through, or provided by such services.
This Website may provide links to third-party websites or services and contain third-party advertisements. We have no control over such websites and services and you acknowledge and agree that we are not responsible for the availability of such websites or services, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Website provides links to or that provide links to this Website, or (ii) any Content, goods, or services available on or through any such sites or resources. We take no responsibility for third-party advertisements which are posted on this Website, nor do we take any responsibility for the goods or services provided by advertisers on this Website. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Website and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
The Company respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Website. You agree that you will not use this Website to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works.
It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from this Website by submitting written notification to our Copyright Agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (f) a statement that the information in the DMCA Notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Other than claims filed by you or by The Company in small claims court or by The Company related to protection of The Company’s or any of The Company’s licensor’s intellectual property, you and The Company hereby agree to seek resolution of the dispute only through arbitration of that dispute in accordance with these Terms and to not litigate any dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND The Company SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
You acknowledge that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone, so that the Company shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of this Website, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Website or any content or other material used or displayed through this Website and agree to limit your claims to claims for monetary damages as set forth above.