Terms & Conditions

TWIN FIREWORKS POLICIES

TERMS OF USE

Welcome to www.twinfireworks.com and its sub tier websites including but not limited to www.twincelebration.com (this “Website”) owned by Twin Fireworks, LLC (hereinafter TFW” or the “Company”). By using this Website or placing an order through this Website, you accept and agree to be bound by these Terms of Use (these “Terms”), and our Privacy Policy. The terms “we,” “us” and “our” refer to the Company and “you” or “your” or “Customer” refers to any person accessing and/or using this Website.

IMPORTANT – PLEASE READ CAREFULLY – THIS WEBSITE’S USAGE IS SUBJECT TO A LEGALLY BINDING CONTRACT, GOVERNING YOUR ACCESS AND OUR GENERAL TERMS OF PURCHASE AND SHIPPING. BY ENGAGING IN ACCESS, VIEWING, BROWSING, VISITING, OR USING THIS WEBSITE, YOU UNCONDITIONALLY ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATION. IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU, PLEASE REFRAIN FROM USING THIS WEBSITE. THE COMPANY RETAINS THE SOLE DISCRETION TO MODIFY OR REVISE THESE TERMS AT ANY TIME, AND SUCH AMENDMENTS WILL BE POSTED ON THIS PAGE. CONTINUING TO USE THIS WEBSITE AFTER ANY MODIFICATION OR REVISION WILL BE DEEMED AS ACCEPTANCE, AND THUS, IT IS ADVISABLE TO PERIODICALLY REVIEW THIS PAGE FOR UPDATES. ALL MODIFIED OR REVISED TERMS AUTOMATICALLY BECOME EFFECTIVE THIRTY (30) DAYS AFTER THEIR INITIAL POSTING, UNLESS OTHERWISE STATED. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.

ACCESSIBILITY

This Website is accessible only to individuals aged 18 or older and residing in the United States or its possessions and territories. The Company does not assert that this Website or any of its content is available from locations outside the United States. If you choose to access our website from a location outside the United States, you do so at your own initiative and are accountable for complying with all applicable local laws.

OWNERSHIP

You recognize and agree that proprietary and confidential technology and information, owned or licensed by us and safeguarded by relevant intellectual property laws and international treaties, are utilized and contained within this Website. The displayed content on or through this Website, encompassing information, data, text, software, photographs, pricing, graphics, video, or other materials (“Content”), is subject to copyright protection under United States and international laws, belonging to us or our licensors. The Content may not be reproduced, modified, copied, republished, posted, transmitted, sold, offered for sale, or redistributed without our prior written consent. Compliance with all copyright notices, information, or restrictions contained in or attached to any Content is mandatory.

The terms “Twin Fireworks” and certain other words and logos showcased on this Website, with or without designations like “™,” “®,” “SM,” or similar, are considered trademarks, trade names, or service marks (“Marks”) of the Company or other entities. Unauthorized use of such Marks is prohibited unless specifically permitted in writing by the Company. Ownership of these Marks and the associated goodwill remains with us or our respective licensors.

Nothing on this Website should be construed as conferring, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed herein, through framing, deep linking, or other means, except: (a) as expressly allowed by these Terms; or (b) with prior written authorization from us or the third party owning the trademark or copyright of the information displayed on this Website.

REGISTRATION

To engage in specific features or access particular Content, this Website may require registration or the provision of information. During the registration and account creation process, you will choose a password and furnish certain registration details. The onus is entirely on you to preserve the confidentiality of your password(s), and you will be held accountable for all activities on your account. This includes unauthorized use of your account by any individual employing your password(s) and any transactions initiated by parties utilizing your account, regardless of whether or not authorized by you.

USAGE PERMISSION

Under these Terms, you are granted permission to utilize, observe, and retrieve information and other materials from or via this Website exclusively for your personal, non-commercial purposes. Your use of any products and services provided through this Website may be subject to additional terms and conditions. Examine all such terms and conditions before engaging with any products or services.

USAGE POLICY

Your use of this Website is subject to the following conditions: (a) refrain from employing any feature of this Website for purposes that are unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, or racially, sexually, religiously, or otherwise objectionable or offensive, as determined solely by the Company; (b) avoid uploading any Content or linking to any Content that contains or promotes the aforementioned actions; (c) obtain permission from the owner of intellectual property rights before uploading, posting, reproducing, or distributing any information, software, pictures, or other protected material; (d) abstain from soliciting, collecting, or storing personal data about other users; (e) refrain from soliciting or offering money to other users for acts or services; (f) use this Website only for commercial purposes expressly approved by the Company in writing; (g) abstain from uploading, posting, emailing, or transmitting any advertising, promotional materials, or unauthorized communication; (h) avoid uploading, posting, emailing, or transmitting any material containing viruses, adware, spyware, or any other disruptive computer code or programs that may interfere with the functionality of computer software, hardware, or telecommunications equipment, including this Website; (i) obtain our prior written consent before using or developing any third-party applications that interact with this Website or other users’ Content; and (j) refrain from attempting to gain unauthorized access to this Website, the servers, or networks connected to this Website, including circumventing or modifying any security, technology, device, or software integral to this Website.

 

UPLOADING YOUR CONTENT

Periodically, you may have the opportunity to submit photos, written posts, and other materials on designated areas of our Website (“Your Content”) in accordance with these Terms. You agree not to post any Content deemed unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of privacy, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate, as determined solely by the Company. Additionally, you commit not to post any Content containing personal information, violating the privacy or publicity of others, or breaching contractual obligations to keep information private. Impersonation or misrepresentation of affiliation is also prohibited. Content with viruses, corrupted files, adware, spyware, worms, or similar software that may adversely affect the Website’s operation is not allowed.

The Company reserves the right to cancel your account and delete all Your Content without notice if it determines a violation of these Terms or the law, or for any other reason at its sole discretion. This includes the right to modify, edit, refuse to post, or remove any of Your Content for reasons such as a complaint or notice of infringing materials, violation of these Terms, or any other discretionary reason.

By displaying, publishing, or posting Your Content on this Website, you grant 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 media without the requirement for payment to you or any third party. You waive moral rights in favor of the Company. While retaining ownership rights in Your Content, you represent and warrant ownership and the right to grant the license. The display, publishing, or posting of Your Content will not violate the rights of any person or entity.

In these Terms, “Feedback” pertains to material specifically addressing how to improve the Website, products, and services. Though we do not claim ownership of Your Content, Feedback provided through the Website becomes our exclusive property. By submitting Feedback, you assign all worldwide rights, title, and interests, including copyrights and other intellectual property rights, to us. We are entitled to use, copy, disclose, display, distribute, improve, modify, and exploit any Feedback without compensating you.

Therefore, please refrain from sending us any Feedback you do not wish to assign to us.

ORDER FROM THIS WEBSITE

Products are available for purchase on this Website (“Products”). To secure your purchase, simply complete the order form provided on this Website. It’s important to note that we retain the authority to decline any order you submit. Additionally, at our discretion, we may impose restrictions or annul quantities or Products procured, be it on a per-person, per-household, or per-order basis. Such limitations might encompass orders placed using the same account, credit card, and/or those associated with identical billing and/or shipping details.

In the event of an alteration to or cancellation of an order, we will make an effort to inform you using the email address, billing address, and/or phone number supplied during the order placement. The discretion we exercise allows us to confine or disallow orders as we deem appropriate.

PAYMENTS

This Website utilizes a third-party processor to handle all payments. It’s important to note that any breaches of credit card or debit card security or privacy by this third-party processor are not the Company’s responsibility. You are accountable for covering all charges incurred by users of your credit card, debit card, or other payment method on behalf of the Company.

When making a Product purchase, you may need to provide transaction-relevant information. By submitting such details, you authorize us or the third party to collect the information on our behalf to share it with third parties. This is done to facilitate the completion of transactions initiated by you, on your behalf, or through your account on this Website. The acknowledgment or completion of any transaction may necessitate the verification of your information.

PRICING

All prices for Products or membership fees are in US dollars, and are exclusive of any applicable local, state, or federal

taxes. All purchases require full payment at the time of purchase.

Twin Fireworks retains the authority to adjust its prices or membership fees at its discretion, whether or not the customer is notified, and for any reason. Consequently, the present base pricing displayed in this document, or any other media form associated with Twin Fireworks, LLC is subject to alteration and is not assured.

Twin Fireworks LLC reserves the right to rectify errors or inaccuracies and modify or update information on this website at any time without prior notice, including alterations to prices and item availability. All prices indicated on this website are denoted in United States dollars, and all transactions will be processed in United States dollars.

The prices and fees listed on this website are subject to verification. In the event of a confirmed price discrepancy for a selected item or membership compared to the website or your purchase order, Twin Fireworks, LLC will inform you through email or alternative means.

While Twin Fireworks, LLC is committed to expediting deliveries with commercially reasonable efforts and within specified timeframes when indicated, it disclaims responsibility for any delivery delays beyond its control.

FRUAD PREVENTION

In an effort to safeguard both you and Twin Fireworks, LLC from potential fraudulent activities, Twin Fireworks, LLC may disclose your transaction-related details to a reputable third-party organization for address verification or other fraud prevention methods. Additionally, Twin Fireworks, LLC retains the discretion to abstain from shipping items ordered or purchased on this website to specific geographical areas, designated addresses, or particular customers. During the delivery process, Twin Fireworks, LLC reserves the right to instruct the delivery company to authenticate a valid form of identity. Delivery may be declined if the presented ID does not match the recipient’s name as indicated on the bill of lading.

RESTRICTIONS ON EXPORTING

Unless expressly agreed upon in writing by the Company, Twin Fireworks, LLC will exclusively provide delivery services to addresses located within the Continental United States of America.

USAGE OF PRODUCTS

You agree to utilize the Products solely in accordance with the guidance provided on the product labels or any supplementary instructions accessible on the Website. Recognizing that the Products may contain potentially hazardous materials if mishandled, it is incumbent upon you to employ the Products in adherence to the instructions specified on the labels or the Website. It is acknowledged that the Company bears no responsibility for any personal injury or property damage resulting from the improper use or unsafe handling of any Products made available on this Website.

SHIPPING POLICY

This policy applies to both wholesale and retail.  Some terms may not apply to you, please read the parts apply to you carefully.

CRITICAL: Inspect your shipment for any damaged or missing items BEFORE finalizing the transaction with the carrier. Twin Fireworks, LLC assumes no responsibility for damaged or missing items not explicitly documented on the bill of lading (BOL) or any such issues arising from the actions or inactions of third parties.

Twin Fireworks LLC will exert commercially reasonable efforts to promptly deliver items as feasibly as possible and within any specified or requested timeframes by you. However, Twin Fireworks LLC disclaims responsibility for any delivery delays that are beyond its control.

Merchandise will be dispatched through a third-party freight carrier/courier upon the receipt and processing of payment, subject to authorization for shipment.

• We exclusively ship within the continental United States of America, with potential restrictions depending on the destination.
• Goods will not be delivered to locations where reception is prohibited or where the Company, at its sole discretion, opts not to ship.
• Delivery is facilitated through a third-party freight carrier/courier.
• It is imperative that all deliveries are signed for at the time of receipt.
• Alteration of the shipping address is not permissible once the order has been dispatched.
• Since registered freight/courier services are third-party entities, we lack control over their delivery timelines once an item departs from our warehouse.
• If unavailable during the delivery window, additional charges may be applicable.
• Your order may incur extra fees, such as accessorial charges (e.g., liftgate-required deliveries, residential deliveries).
• Once shipped, orders cannot be canceled.
• Shipping times are subject to variation based on your location and the carrier chosen by you.

 

Firework shipments adhere to federal regulations and will only be dispatched through federally approved channels. Twin Fireworks, LLC disclaims any responsibility for your misuse, illegal receipt, sale, or transportation of fireworks. The Company sells fireworks with the expectation that they will be utilized and/or sold in compliance with all local, state, and federal laws. Identification may be necessary at the time of pickup or delivery.

Review your freight documents and order sheet in the presence of the delivery courier. In the event of any issues with the delivery, such as damaged or missing cases, it is imperative to note these discrepancies on the Bill of Lading before signing it. Any instances of damaged or tampered cases, as well as open or missing cases, should be clearly marked on the Bill of Lading. FOR WHOLESALE, All orders will be dispatched on pallets, with the merchandise securely wrapped in shrink-wrap. Any deliveries lacking shrink-wrap or a pallet must be explicitly noted on the Bill of Lading. It is recommended to capture pictures or maintain other documentation to substantiate any claims against the freight carrier/courier. FOR RETAIL, all orders will be shipped in its original boxes or boxes provided by the third party carrier.

Twin Fireworks, LLC holds no responsibility for issuing refunds, reshipments, or any form of credits for errors, damages, or theft occurring while under the control of a third-party freight carrier/courier. In the event that an order is delivered with damaged or missing products, it becomes your responsibility to initiate a claim with the freight company/courier. To support any claim filed, the Company will reasonably assist you, contingent upon its sole discretion and judgment. Should you need to file a claim against the freight carrier/courier, please notify us of the damage (including a copy of the Bill of Lading and pictures) along with the claim number.

ABOUT RETURN

All sales are final.  No returns are accepted after the fireworks leave our warehouse.

DISCLAIMERS

Your utilization of this Website, the Content, and any Products available through this Website is explicitly acknowledged to be at your sole discretion and risk. This Website, the Content, and the Products offered through this Website are furnished on an “as is” and “as-available” basis, devoid of any warranties of any kind. To the maximum extent permitted by law, the Company disavows all warranties, encompassing, but not limited to, the warranty of merchantability, non-infringement of proprietary or third-party rights, and the warranty of fitness for a particular purpose.

The Company provides no assurances regarding the accuracy, reliability, completeness, or timeliness of this Website, the Content, or the Products available through this Website, nor about the outcomes derived from using this Website or the Products (as defined below). There is no warranty that this Website will operate without errors, or that this Website or its servers are devoid of computer viruses or other harmful or malicious code. Furthermore, the Company does not guarantee the perpetual availability of all user information or information posted by a user, and it does not warrant immunity from deletion, corruption, or other unavailability. The Company also does not ensure that this Website, user information, or any information posted by a user will be safeguarded against any individual or entity engaging in unauthorized access, hacking, or mistakenly granted access by the Company or through the site. Some jurisdictions may not permit the exclusion of certain warranties, so certain exclusions stated above may not be applicable to you.

Products presented on this website are exclusively available in jurisdictions where legal offerings for sale are permitted. The information on this website does not constitute an offer or solicitation by any party in any jurisdiction where such actions are legally restricted, or to any person to whom making a solicitation is unlawful.

LIMITED LIABILITY

Under no circumstances shall the Company or its affiliates, shareholders, directors, officers, employees, agents, or licensors be held liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use this Website, the Content, or Products offered through this Website. This includes, but is not limited to, reliance by a user on any information obtained at this site, or damages resulting from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not arising from acts of God, communication failure, theft, destruction, or unauthorized access to our records, programs, or services.

The aforementioned limitation of liability applies to actions at law, including but not limited to contract, negligence, or other tortuous actions, as well as actions 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 is applicable to all content available through this Website. Some jurisdictions do not permit the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

INDEMNITY

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.

 

DISTINCTIVE TERMS AND CONDITIONS APPLICABLE TO UNIQUE PROMOTIONS, OR FEATURES

This Website might incorporate distinctive promotions, features, membership programs, or functionalities. For instance, you may have the opportunity to participate in a sweepstakes or contest, sign up for a membership, buy products, join a membership program, or share product information with a friend. These unique promotions, features, and functionalities may be provided with specific terms and conditions, which could include age restrictions, entry deadlines, return policies, or usage limitations. In case special terms and conditions are applicable, appropriate notifications will be displayed on this Website, typically on the entry form, order form, or registration page. Such notifications act as supplements or amendments to these Terms and are hereby integrated into these Terms.

COPYRIGHT

The Company acknowledges and respects the rights of copyright holders to govern the use of their intellectual property. Users of this website are required to adhere to the same principles. It is your responsibility to abide by all copyright laws while utilizing this platform. By using this website, you commit not to violate the copyrights or other intellectual property rights of others, including actions such as copying or distributing copyrighted works.

Our protocol involves addressing reports of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA), subject to periodic amendments. If you believe that materials accessible on or through this website violate your copyright, you can request the removal of such materials (or access to them) by submitting a written notification to our designated Copyright Agent below. Pursuant to the Online Copyright Infringement Liability Limitation Act of the DMCA, the written notice (DMCA Notice) must include the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe has been infringed or, if the claim involves multiple works on this website, a representative list of such works; (c) identification of the infringing material with sufficient precision to facilitate its location; (d) adequate contact information for you, including your name, postal address, telephone number, and, if available, email address; (e) a statement asserting your good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement affirming the accuracy of the information in the DMCA Notice; and (g) a statement, made under penalty of perjury, confirming your authorization to act on behalf of the copyright owner.

Our designated Copyright Agent ready to receive DMCA Notices is:

info@twinfireworks.com

A notification from a copyright owner or an authorized representative that does not meet the DMCA requirements will not be deemed as adequate notice. Such a notification will not grant us actual knowledge of the facts or circumstances indicating the presence of infringing material or actions.

SOCIAL MEDIA

We may opt to activate specific social media features on this Website to assist you in completing a purchase, sharing product or other information with yourself or friends, or posting a comment, review, or recommendation on either this Website or third-party platforms. Should you opt to utilize social media features on this Website, you recognize and agree to comply with the respective terms and conditions of each social media service we may employ. The terms and conditions for these social media services can be found on each corresponding social media website or mobile app. These social media websites and mobile apps may also have the capability to utilize information regarding your actions on this Website. It’s essential to note that when you decide to publish information on the interactive sections of this Website outside of privacy settings or through a social media website or mobile app, this information will not be safeguarded by us. It is considered part of the public domain and may be accessed by anyone using the Internet worldwide through independent search engines. If you choose to share information on the interactive sections of this Website in this manner, you do so at your own risk. Furthermore, you acknowledge and agree that we are not accountable for the availability of any social media services added to the connect function, and we do not endorse or assume responsibility or liability for any content, advertising, goods, services, or other materials on, available through, or provided by such services.

 

LINKS TO TOHER WEBSITES

This Website might offer links to third-party websites or services and display third-party advertisements. You recognize and agree that we lack control over such websites and services, and we are not accountable for the availability of such websites or services. Additionally, we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or accessible from such websites or services. You further acknowledge and agree that we will not be directly or indirectly responsible or liable 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 linked by this Website or linking to this Website, or (ii) any content, goods, or services available on or through any such sites or resources. We do not assume responsibility for third-party advertisements posted on this Website, and we disclaim any responsibility for the goods or services provided by advertisers on this Website. Your interactions with or participation in promotions of any third-party advertisers or other providers of goods or services found on or through this Website, including any terms, conditions, warranties, or representations associated with such interactions, are solely between you and such third-party advertiser or provider.

WAVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

Except for claims initiated by you or the Company in small claims court or by the Company pertaining to the protection of the Company’s or any of the Company’s licensor’s intellectual property, both you and the Company mutually agree to resolve disputes solely through arbitration in accordance with these Terms. Litigation of any dispute in court is expressly waived. Arbitration entails the resolution of the dispute by an impartial arbitrator rather than 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 recognize that the rights granted and obligations made under these Terms to the Company are of a unique and irreplaceable nature. The loss of these rights and obligations would cause irreparable harm to the Company, which cannot be adequately compensated by monetary damages alone. Consequently, the Company is entitled to injunctive or other equitable relief in the event of any breach or anticipatory breach by you, without the obligation of posting any bond, surety, or proof of damages. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of this Website, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of this Website or any content or other material used or displayed through this Website. You agree to limit your claims to claims for monetary damages as set forth above.

PRIVACY AND PERSONAL DATA

To learn about the Company’s data protection procedures, refer to the Company’s Privacy Policy, which is hereby integrated into these Terms. This policy outlines how the Company handles your personal information when you utilize the Website and its associated services. The policy is subject to periodic updates at our discretion, with changes taking effect upon posting to the Website.

SUMMARY

These Terms will be governed by and interpreted in accordance with the laws of the State of Indiana, without considering its conflicts of laws principles. Any legal proceeding arising from the use of this Website, the Content, or any other materials on this Website, or these Terms, must be initiated in our county (Clinton County, Indiana) and within one year after the claim or cause of action arises, or it becomes time-barred. By utilizing this Website, you consent to the personal and exclusive jurisdiction of the courts or neutral arbitrator located within our county and/or the State of Indiana.

Your rights or obligations under these Terms, in whole or in part, cannot be assigned or transferred without our prior written consent. Any attempted assignment in violation of this provision will be deemed null and void, having no force or effect. We reserve the right to freely assign our rights and obligations under these Terms at any time without notice. Subject to the foregoing, these Terms will be binding and beneficial to the permitted successors and assigns of each party.

The failure to enforce any provision shall not affect our right to enforce it at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or of the provision itself. If any part of these Terms is found to be unenforceable, that part will be modified to reflect the parties’ intent and only to the extent necessary to make it enforceable, while the remaining provisions will remain in full force and effect. These Terms and the Privacy Policy represent the entire and exclusive understanding and agreement between you and us on this subject matter, superseding any prior or contemporaneous agreements or understandings, whether written or oral.