Terms of Use

This web site (“Site”) is offered to you conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”). Sparks Fly Fireworks, LLC (“Company”) may revise these Terms of Use at any time by updating this posting. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by the Company from its offices within the United States. The Company makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. IF YOU DO NOT ACCEPT THESE TERMS OF — USE, THEN DO NOT — USE THIS SITE.

Use Restrictions

The contents posted by the Company on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos and other material (collectively the “Materials”), are protected under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner. Subject to your full compliance with the Terms of Use, the Company authorizes you to view the Materials on the Site and download a single copy of them, but only for your own lawful, personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Any rights not expressly granted herein are reserved.

If you violate any of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.

You may not, without the Company’s permission, “mirror” any Materials contained in this Site or any other server.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.

The Company reserves the right, in its sole discretion, to terminate access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.

Company’s Liability

THE MATERIALS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR THE MATERIALS. YOUR — USE OF THE SITE AND THE MATERIALS IS AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SITE AND MAY BE MADE AT ANY TIME.

THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE AND/OR THE MATERIALS.

THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIR– USES OR OTHER HARMFUL COMPONENTS. IF YOUR — USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability and Disclaimer of Consequential Damages

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS TERMS OF — USE, THE SITE, THE MATERIALS, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE — USE OR INABILITY TO — USE THE SITE AND/OR THE MATERIALS, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY — USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials on the Site or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Links to Other Sites

The Site may contain links to third-party web sites (“Linked Sites”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement by the Company of such Linked Site, or any association with its operations. The Company does not regularly review materials posted at Linked Sites. The Company is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. The Company is not responsible for any transmission received from any Linked Site, nor is the Company responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.

Miscellaneous

This Site is based in the State of New Hampshire, United States of America. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of New Hampshire, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of New Hampshire. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of the Company to be binding on the Company. Notwithstanding the foregoing, the Company, at its sole discretion and without notice, may revise these Terms of Use at any time by updating this posting.