Terms and Conditions
Welcome to the Spirit of '76 website! We make available our products and services to you subject to the following terms and conditions. If you visit or shop within this website, you accept these terms and conditions. Please read them carefully.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright and other relevant intellectual property rights exist on the full content of this Site, including, but not limited to, all text, graphics, logos, images, digital downloads, audio clips, data compilation and software relating to The Company's products and services. The compilation of all content on this site is the exclusive property of The Company and protected by United States and international copyright laws.
The Company's trademarks and trade dress may not be used in connection with any product or service that is not The Company's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits us. All other trademarks not owned by The Company or its subsidiaries that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Company or its subsidiaries.
LICENSE AND SITE ACCESS
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent from us. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent of The Company. Any unauthorized use terminates the permission or license granted by us.
YOUR CUSTOMER ACCOUNT
If you place an order using this Site, you must create a customer account. You must complete the registration process by providing us with current, complete and accurate information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be held liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by The Company or another party due to someone else using your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
If you wish to purchase any products available for sale, you must submit a completed order form. Your order will not be accepted and processed until we receive full payment for your order. If we agree to accept your order, we will supply the items you have ordered (the 'Product') to you in accordance with these Terms. You must be at least 18 years of age to submit an order.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Customers may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. We reserve the right, but not the obligation, to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant The Company and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Company and its associates the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Company or its associates for all claims resulting from content you supply. We take no responsibility and assume no liability for any content posted by you or any third party.
The Company attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THIS SITE AND ANY PRODUCTS PURCHASED FROM US, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
By visiting our website, you agree that the laws of the state of Missouri, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Spirit of '76, LLC or its affiliated parties.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your visit to our website. We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
INSURANCE TERMS AND CONDITIONS
Product Liability Extension. If Customer, as part of Customer's purchase from Spirit of '76, L.L.C. ("Spirit"), requires that Customer be named as an additional insured under the “product liability” coverage of Spirit's Commercial General Liability Insurance for fireworks purchased from Spirit this paragraph shall apply. Spirit agrees to this requirement, subject to these Insurance Terms and Conditions, and further agrees to provide a certificate of insurance showing Customer as an additional insured for said “product liability” coverage. Once the Customer requires Spirit to extend such coverage, all subsequent orders from Spirit will automatically include the coverage and be subject to the two percent administration fee. The Customer may discontinue its status as an additional insured under the product liability coverage at any time by providing written notice of its election to discontinue coverage. Unless otherwise separately agreed to by Spirit, the limits of product liability coverage are $1,000,000.00 per occurrence/$2,000,000.00 products-completed operations aggregate limit. If any additional coverage amounts are agreed to by Spirit they will be documented on the certificate of insurance. By electing to require that Spirit extend this coverage, Customer confirms its agreement to be bound by all requirements of these Insurance Terms and Conditions.
Premise Liability Insurance. If Customer, as part of Customer's purchase from Spirit, requires that Customer be named as an additional insured under the "premise liability" coverage of Spirit's Commercial General Liability Insurance this paragraph shall apply. Spirit agrees to this requirement, subject to these Insurance Terms and Conditions and further agrees to provide a certificate of insurance showing Customer as an additional insured for such coverage. Customer’s additional insured status for said “premises liability” coverage shall only (a) apply to a pyrotechnic stand owned by, occupied by or operated by the Customer and which is used for the sale of Spirit’s pyrotechnic product, and (b) be valid for a period of either June 1 – July 15 (July 4th Season) or December 1 – January 10 (New Year’s Season), unless a different period has been requested by Customer and agreed to by Spirit. The applicable coverage period will be determined at the time of order and documented on the certificate of insurance, which shall be controlling. Unless otherwise separately agreed to by Spirit, the limits of premises liability coverage are $1,000,000.00 per occurrence/ $5,000,000.00 general aggregate. If any additional coverage amounts are agreed to by Spirit they will be documented on the certificate of insurance. By electing to require that Spirit extend this coverage, Customer confirms its agreement to be bound by all requirements of these Insurance Terms and Conditions.
Other Terms and Conditions.
Adding Customer as an additional insured may take up to five (5) business days from the date said Customer has agreed to these Insurance Terms and Conditions. Customer understands and agrees that coverage will not begin until Customer has received the applicable certificate of insurance from either Spirit or its insurance agency.
In the event that Customer files a claim under any such insurance coverage, Customer agrees that it/he/she will be solely responsible for the payment of any applicable deductible under such policy (currently $10,000.00 per occurrence), as well as any additional out-of-pocket expenses charged by the insurance company or any authorized Third Party under such policy (either by direct payment to the insurance company or the Third Party or through reimbursement to Spirit).
Customer agrees to comply with any reasonable or necessary request of either Spirit or its insurance company with regard to the prosecution of any claim filed and further agrees that any final decision by the insurance company is binding upon Customer, without recourse against Spirit.
Spirit reserves the right, in its sole and absolute discretion, to terminate and/or revoke (immediately upon written notice to Customer) Customer as an additional insured under Spirit’s Commercial General Liability Insurance Policy upon discovery that Customer's fireworks operations are being conducted in any manner contrary to the applicable insurance policy or the applicable local, state and federal law controlling such fireworks operations.
Any final action by Spirit’s insurance provider shall be the conclusive and final result. Neither Spirit nor its agents, employees, members, managers, officers, attorneys, customers or licensees shall be liable for payment of any monetary amounts to the Customer resulting from any claim filed by or through Customer or Spirit’s agreement to add Customer as an additional insured. Customer’s sole and exclusive remedy for any filed claim shall be through the coverage afforded as an additional insured by Spirit’s insurance provider.
Spirit will not add the Customer as an additional insured under its policies unless (a) Customer agrees to these Insurance Terms and Conditions and (b) Spirit has received Customer’s acknowledgment and agreement to be bound to the terms and conditions hereof. For all unassisted orders, the Customer will be prompted at check-out to either accept or reject these Insurance Terms and Conditions. For Spirit salesperson assisted orders, the Customer will be sent a separate notification that will allow the Customer the opportunity to either accept or reject these Insurance Terms and Conditions.