Welcome to Captain Boom Fireworks, a leading provider of high-quality consumer fireworks products and services. By accessing or using our website, you agree to comply with and be bound by the following terms and conditions of use:

Definitions

These Terms and Conditions, along with our Privacy Policy and Disclaimer Notice, and any other Agreements entered into by the parties, utilize the following terminology:  "Client", “You”, and “Your” refer to the individual accessing this website and accepting the terms and conditions of Captain Boom Fireworks LLC, dba captainboom.com hereafter referred to as "The Company", “Ourselves”, “We”, “Our” and "Us". References to “Party”, “Parties”, or “Us”, refer to both the Client and the Company, or either the Client or the Company. “The Site”, “Site”, and “Website” refers to captainboom.com and any or all websites owned and operated by The Company. All terms relate to the offer, acceptance, and consideration of payment required to engage in the Company's assistance to the Client in the most appropriate manner, whether through formal meetings or other means, to fulfill the Client's requirements for the provision of the Company's services or products in accordance with the prevailing laws of the United States. The use of the above terminology or other words in the singular, plural, capitalization, and/or gendered pronouns are interchangeable and refer to the same thing.

Acceptance of Terms

These Terms and Conditions of Use constitute a binding agreement between you and Captain Boom Fireworks, LLC dba captainboom.com (“Company,” “we,” “us,” or “our”) and govern your use of the captainboom.com website and all associated media, including mobile websites, mobile applications, and related media channels (collectively, the “Site”). By using our website, you acknowledge that you are at least 18 years of age and that you have read, understood, and agree to be bound by these terms of use. Do not continue to use our website if you do not agree to and accept all of the terms and conditions herein.

Cookies

We use cookies on captainboom.com. By using our website, you consent to the use of cookies in accordance with our privacy policy. Most interactive websites use cookies to retrieve user details for each visit. We use cookies in certain areas of our site to facilitate the functionality of those areas and to improve the user experience for visitors. Some of our affiliate and marketing partners may also use cookies.

Sales and Purchases

By purchasing products from captainboom.com, you acknowledge that you are at least 18 years old, and that you understand and agree to comply with all applicable federal, state, and local laws. The Company is not responsible for any injury, damage, or loss sustained as a result of the sale, resale, possession, use, or misuse of any of its products. You agree that all products are sold "as is," and the Company is not liable for any accident, injury, damage, or loss that occurs during transport, storage, or use of its products. You are responsible for understanding and complying with all applicable laws regarding the possession and use of consumer fireworks.

Warranty Disclaimer

The Site and all materials and products available through the Site are provided "as is" and without warranties of any kind, whether express or implied. The Company disclaims all warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The Company does not guarantee that the Site or its server is free of viruses or other harmful components. The Company does not warrant that the Site or its products are accurate, adequate, useful, timely, or reliable. Some states may not permit the limitation or exclusion of warranties, so some or all of these limitations may not apply to you.

Limitation of Liability

The Company shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Site or its products, even if the Company has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so some or all of these limitations may not apply to you. The Company's liability is limited to the total value of the sale of consumer fireworks made to you.

Return Policy

The Company ships all orders in excellent condition, and all items are inspected and packed carefully. The Company requires that you inspect your order in accordance with our Shipment Inspection Policy when you receive it and immediately report any damages to us. The Company will attempt to work with you to resolve any problems, but due to the hazardous material classification of fireworks by the USDOT, the Company will not accept any returns of fireworks under any circumstances or for any reason. 

Copyright and Trademarks

The content on the Site, including text, graphics, code, and other materials, is copyrighted and the property of the Company. You may electronically copy and print portions of the Site for the sole purpose of ordering from the Company or purchasing its products. Any other use, including reproduction, distribution, display, or transmission of Site content, is strictly prohibited without the Company's express written consent. All trademarks, service marks, and trade names on the Site are the property of the Company or their respective trademark holders.

Typographical Errors

If a product is mistakenly listed at an incorrect price, the Company reserves the right to refuse or cancel any orders placed for that product. The Company may refuse or cancel any such orders, even if they have been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, the Company will issue a credit to your credit card account.

Term and Termination:

The Company may terminate these Terms of Use, or any part thereof, at any time and for any reason without notice. Upon termination, you must immediately cease all use of the Site. Provisions regarding Copyrights, Trademarks, Limitations of Liability, Disclaimers, Indemnification, and Miscellaneous shall survive any termination.

Notice

The Company may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to the Company.

Governing Law and Jurisdiction

Your use of this Site shall be governed in all respects by the laws of the State of Michigan, U.S.A., without regard to any choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of the Company products) shall be in the state or federal courts located in Allegan County, Michigan. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of the Company’s products) must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

Use of Site

You may use our website for lawful purposes only. You are prohibited from using our website to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company or other licensed employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

The Company does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, the Company reserves the right to block or remove communications or materials determined to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to the Company in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Captain Boom Fireworks, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our website or any violation of these terms of use or any activity related to your account (including any negligent or wrongful conduct) by you or any other person who accesses the Site using your Internet account.

Third-Party Links

The Company may provide links to third-party websites to enhance the value of the Site for its visitors. However, the Company has no control over these linked sites, which operate independently of the Company and have their own privacy and data collection practices. By accessing these linked sites, you do so at your own risk. The Company aims to protect the integrity of the Site and its links and invites feedback on the Site and any linked sites (including if a link is broken). However, the Company is not responsible for the content or accuracy of any linked site or any loss or damage that may arise from your use of such sites.

Changes to Terms of Use

Captain Boom Fireworks reserves the right to modify these terms of use at any time without notice. Your continued use of our website following any changes to these terms will be deemed your acceptance of those changes.

Thank you for choosing Captain Boom Fireworks. If you have any questions or concerns about these terms of use, please contact us at [email protected].