INTRODUCTION

Welcome to TheFireworksSuperstore.com. This site is designed to be a fun, friendly, and welcome place where Customers may purchase high quality products of exceptional value. To keep your experience a positive one, we want to avoid misunderstandings. TheFireworksSuperstore.com (that’s “us” or “we”) has prepared these Terms and Conditions for anyone using The Fireworks Superstore services (that’s “you”). We do this to help you understand us and the offerings on this site. By using this site, you agree to these Terms and Conditions and agree that they may be updated by TheFireworksSuperstore.com at any time and without notice. You are welcome to our site and we encourage you to use this site on a regular basis. You may not modify material on this site in any way.

MY ACCOUNT

By using this site, you agree not to misuse your account access or password. Only you may use your password and you agree to take all reasonable precautions to keep it secret. If another party wishes to use TheFireworksSuperstore.com, they should establish their own account. Establishing an account is free, easy, and only takes a few seconds. You understand that it is in your interest to keep your account information confidential because you are responsible for any transactions initiated using your account. We will take reasonable efforts on our part to maintain the privacy and security of your information. (See our Privacy Policy.) You agree to notify TheFireworksSuperstore.com immediately if you become aware of unauthorized use of your account. By opening and maintaining an account with us, you are telling us that the information you have provided about yourself is accurate, current and complete and that you will update your account information whenever this information changes. You agree that if your information is believed to be inaccurate, we have the right to suspend or terminate your account and at our sole discretion, refuse any further use of TheFireworksSuperstore.com. In the event TheFireworksSuperstore.com feels an account has been used in a fraudulent manner, TheFireworksSuperstore.com reserves the right to execute any and all legal remedies.

TERMINATION OF USAGE

We may terminate or suspend your access of this site, all or in part, without notice, for any conduct which, in our sole discretion, is disruptive to TheFireworksSuperstore.com or is in violation of any law, or these Terms and Conditions.

CAPACITY TO CONTRACT

TheFireworksSuperstore.com products are intended for persons of legal age (18 years or older in most jurisdictions; 19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai’i and New Jersey) only. By using this site, you represent to TheFireworksSuperstore.com that you are of legal age of majority in your jurisdiction and that you are at least 18 years of age (19 years or older in Alabama, Alaska and Utah; 21 years or older in Hawai’i and New Jersey).

LEGAL COMPLIANCE

You agree to comply with all applicable laws, statutes, ordinances and regulations when you use TheFireworksSuperstore.com and purchase products through the site. In our sole discretion, we may report actual or perceived violations to law enforcement or appropriate authorities.

ORDER ACCEPTANCE

If you place an order for merchandise on TheFireworksSuperstore.com, you agree to pay for the order by authorizing a corresponding charge to a valid credit card acceptable to us. We reserve the right to accept or decline your order at any time and for any reason. This is true even if you have received an order confirmation from us. We are not liable in any way if a financial institution which has issued a credit card to you refuses to honor the card for any reason.

Customer hereby expressly authorizes and consents to The Fireworks Superstore contacting customer via any means expressly authorized by law; regardless of customer appearing on any preexisting national do not call registries. Additionally, customer expressly and unequivocally agrees to receive autodialed calls for the purpose of receiving or verifying orders and for any means deemed appropriate by The Fireworks Superstore, including but not limited to marketing and customer satisfaction surveys; should the customer wish to be removed from the marketing list please email a removal request to marketing@TheFireworksSuperstore.com.

SALES AND OTHER TAXES

We are required to collect sales tax on orders delivered to certain states. Unless you are able to provide us with a valid and correct tax exemption certificate prior to our acceptance of the order, you are responsible for sales and all other taxes associated with the order.

STORE CREDIT AND LOYALTY POINTS

From Time to time and at The Fireworks Superstore’s option, The Fireworks Superstore may initiate customer loyalty programs including but not limited to issuing store credit or offering enrollment into a loyalty point system. You expressly agree that such programs or offers do not represent any actual cash value and you may not redeem any such offer for cash value; nor do points or credits roll over from one year to the next. Furthermore, you agree that by accepting points or credit, or by enrolling in such programs or services such credit or points are valid until December 31 of the year of issuance of such points and you expressly grant The Fireworks Superstore the right to zero out such credit or point account on December 31 of each year without notice. The Fireworks Superstore furthermore reserves the right to zero out any accounts older than one year without notice and change such policy at any time without notice. Additionally, you agree to defend and hold harmless Mt Baler Vapor form any claim past or present resulting from such programs including but not limited to lost profit, interest, consequential or punitive damages.

PRODUCT AVAILABILITY

Even when information on TheFireworksSuperstore.com indicates that a product is available, it may not be. We do not guarantee product availability under any circumstance. Without liability and without prior notice, we reserve the right to change, or discontinue any or all products or to cancel any order.

PRODUCT SERVICE AND SUPPORT

For (14) days following shipment to you of merchandise, EXCLUDING items listed below under Return Policy, you have ordered through TheFireworksSuperstore.com, you have an absolute guarantee of satisfaction from TheFireworksSuperstore.com. Shipping charges will not be refunded.

RETURNS POLICY

Customer Satisfaction is of utmost importance at TheFireworksSuperstore.com. If you are dissatisfied with merchandise purchased through TheFireworksSuperstore.com for any reason, please contact us so we can discuss the issue. For sanitary reasons, and the overall safety of our Customers, we cannot accept returns of cartridges, bottled liquid, drip tips, and used atomizers. Therefore, our Returns Policy EXCLUDES these kinds of items.

TYPOGRAPHICAL ERRORS

Although we make all reasonable efforts to present only accurate and reliable information on TheFireworksSuperstore.com, it is still possible that errors may occur in pricing and/or product information. We may refuse or cancel any order for products listed with incorrect pricing or product information. This is true even if your credit card has been charged. However, if a credit card charge has been made, and we elect to refuse or cancel the order, we will issue a credit to your credit card in the amount of the charge.

LINKS TO OTHER SITES

TheFireworksSuperstore.com may contain links to other Web sites which are owned and operated by third parties not connected with TheFireworksSuperstore.com. We do this solely as a convenience to you. TheFireworksSuperstore.com is not responsible for any of these sites or the contents you may find there. We do not endorse or guarantee the accuracy or completeness of content found on such sites.

COPYRIGHT

All textual, visual, audio, audiovisual content on the Site, as well as the compilation of such content, is protected by United States and international copyright laws and owned by The Fireworks Superstore and/or the various contributors of such content. Copyrights in individual articles, postings, and comments are retained and owned by the authors thereof.

LICENSE AND SITE ACCESS

The Fireworks Superstore grants you a limited license to access and make personal, non-commercial use of this site, subject to compliance with these Terms of Use. The following activities are prohibited: Modification or preparation of derivative works based on this site or any portion thereof; Framing, in-line linking, or other similar actions that cause this site or any portion thereof to be displayed or perceived in a manner that adds or modifies content other than that provided by The Fireworks Superstore; Use of data mining, robots, or similar data gathering and extraction tools.

COMMENTS, POSTS, COMMUNICATIONS, AND OTHER USER CONTENT

Except as explicitly authorized by The Fireworks Superstore, posting comments, articles, or any other content meeting any of the following criteria to the TheFireworksSuperstore.com is prohibited:

  • Commercial advertising or any other content commonly identified as “spam”;
  • Content that is illegal, obscene, threatening, defamatory, invasive of another’s privacy, infringing on others’ intellectual property rights, or otherwise injurious to third parties;
  • Content that consists of or directs users to viruses, spyware, worms, trojan horses, or other malware or malicious programs.

By posting any comment, article, or other content to TheFireworksSuperstore.com, you represent and warrant that such content does not violate these Terms of Use, that you own or otherwise control all of the rights to or have the necessary permissions to use such content, and that you will indemnify The Fireworks Superstore for all claims resulting from such content.

By using or posting any comment, article, or other content to the TheFireworksSuperstore.com, you grant The Fireworks Superstore an irrevocable, worldwide, perpetual, non-exclusive, freely transferable, royalty-free license to use, reproduce, perform, copy, display, distribute, modify, and prepare derivative works based on any content you have posted to TheFireworksSuperstore.com and/or its successor or predecessor sites.

Without undertaking any affirmative obligation, The Fireworks Superstore reserves the right to edit or remove any content that violates these Terms of Use, or that The Fireworks Superstore finds otherwise objectionable in its sole discretion. The Fireworks Superstore may take actions to block access to the TheFireworksSuperstore.com by users who violate these Terms of Use. The Fireworks Superstore undertakes no responsibility and assumes no liability for any content posted by any user. Furthermore, by accessing TheFireworksSuperstore.com, you acknowledge and agree that parties other than The Fireworks Superstore provide some content on TheFireworksSuperstore.com, potentially including links to sites operated by third parties, and that The Fireworks Superstore is not responsible for any such third-party content or sites.

COPYRIGHT COMPLAINTS

If you are a copyright owner and believe the TheFireworksSuperstore.com site has been used to infringe the copyright in your work(s), please provide our copyright agent a written notification including the following points:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyright-protected work(s) that you claim to have been infringed;
  • A description of the allegedly infringing material and where it is located on TheFireworksSuperstore.com, including the URL and any other identifying information where possible;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
  • the copyright owner’s agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you believe that The Fireworks Superstore has removed or disabled access to material that you posted as a result of mistake or misidentification, and would like The Fireworks Superstore to replace or renew access to the material, please provide our copyright agent a written counter notification including the following points:

  • An identification of the material that has been removed or disabled and the location where it appeared before it was removed or disabled, including a URL where possible.
  • A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • Your name, address, telephone number, and email address.
  • State that you consent to the jurisdiction of Federal District Court for the judicial district in which the physical address provided in # 3 is located (or, if the physical address is outside the United States, for the Western District of Washington).
  • State that you will accept service of process from the person who provided notification to The Fireworks Superstore of the alleged infringement, or from an agent of that person. Be signed by you, either physically or electronically. The Fireworks Superstore’s Designated Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Compliance Department: The Fireworks Superstore 501 New Brodheadsville Blvd North Brodheadsville, PA 18322; john@thefireworkssuperstore.com

Although The Fireworks Superstore values both intellectual property rights and free expression, The Fireworks Superstore cannot guarantee that following the complaint or counter notification procedures identified above will result in any particular action, and does not undertake any affirmative obligation to engage in any particular action in response to any particular complaint or counter notification.

APPLICABLE LAW

Any legal action brought against TheFireworksSuperstore.com shall be governed by the laws of the State of Pennsylvania. We make no representation that TheFireworksSuperstore.com content is appropriate for access outside the United States. If you access TheFireworksSuperstore.com from outside the United States, you are doing so at your own initiative and are responsible for compliance with local laws and are strictly prohibited from purchasing products from this site.

INVALID TERMS

If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions will not be affected. Your Ideas and Suggestions Are Welcome! We’d really like to hear from you. Comments or suggestions about TheFireworksSuperstore.com are welcome. You may choose to play a significant role in making TheFireworksSuperstore.com an even better site. However, in order to allow a free exchange of ideas, TheFireworksSuperstore.com does not solicit or want to receive confidential or proprietary information. Therefore, any correspondence received from you is not considered confidential or proprietary and becomes the property of TheFireworksSuperstore.com without payment of compensation to you. We are free to use or not use your comments in any way we choose. By making comments to TheFireworksSuperstore.com, you assign to us all right, title and interest in copyrights and other intellectual property rights on a worldwide basis without charge.

LEGAL

These products are not intended to diagnose, treat, cure or prevent any disease. Information and statements made are for educational purposes and are not intended to replace the advice of your health care professional. By purchasing these products, you agree to use products at your own risk. Under no circumstances will The Fireworks Superstore, Inc. be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with use of, or reliance on any product on this site.

You agree to indemnify, defend, and hold harmless The Fireworks Superstore, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

WARRANTY DISCLAIMER: THE FIREWORKS SUPERSTORE SITE, THE FIREWORKS SUPERSTORE RETAIL OUTLETS, AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, PRODUCTS, THIRD PARTY PRODUCTS AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICE, ARE PROVIDED “AS-IS.” AS A USER OF THE SERVICE, YOU USE THE THE FIREWORKS SUPERSTORE SITE, THE FIREWORKS SUPERSTORE RETAIL OUTLETS, PRODUCTS, THIRD PARTY PRODUCTS AND THE SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM (a) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT (b) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, (c) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE FURTHER DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW, STATUTE, OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS OR UNITS BY US OR ANY OF OUR CONTRACTORS OR AGENTS. WE DO NOT WARRANT THAT THE FUNCTIONS PROVIDED IN CONNECTION WITH THE THE FIREWORKS SUPERSTORE SITE, THE FIREWORKS SUPERSTORE RETAIL OUTLETS, AND THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE, TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA, OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS THE SERVICE OR THIS AGREEMENT, EVEN IF THE FIREWORKS SUPERSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND. THE THE FIREWORKS SUPERSTORE SITE, THE FIREWORKS SUPERSTORE RETAIL OUTLETS, AND THE SERVICE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH REGARD TO ANY PRODUCT SOLD ON THIS SITE. THE MERCHANDISE, PRODUCTS AND SERVICES ON THIS SITE ARE OFFERED AND PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IF WE BREACH THESE TERMS AND CONDITIONS, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCT ORDERED BY YOU WHICH HAS CAUSED SUCH A CLAIM TO ARISE.