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Terms and conditions

Terms and Conditions

Last Modified: June 1, 2021

Acceptance of the Terms of Use

The following terms and conditions (the “Terms of Use”), govern your access to and use of all Website(s)s, mobile applications and texting services owned and/or operated by Alamo Fireworks, Inc. (collectively, “Alamo Fireworks”), including, but not limited to, https://www.alamofireworks.com and https://www.shopalamofireworks.com , together with any computer applications or other content downloaded therefrom (collectively, the “Website(s)s”), whether as a guest or a registered user.

These Terms of Use are entered into by and between you and Alamo Fireworks (“we” or “us”). Please read the Terms of Use carefully before you start to use the Website(s). By using the Website(s) you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website(s).

The Website(s) are offered and available only to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using the Website(s), you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website(s).

Changes to the Terms of Use

We may revise and/or update these Terms of Use from time to time and at our sole discretion. All changes are effective immediately as they are posted. Your continued use of the Website(s) means you, the user, accept and agree to all changes. All customers are encouraged to check this page from time to time to ensure you are aware of any changes/updates, as they are user-binding.

Accessing the Website(s)s and Account Security

We reserve the right to withdraw or amend the Website(s), and any service or material we provide on the Website(s), at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website(s) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website(s), or the entirety of the Website(s), to users, including registered users.

Users are responsible for:

  • Making all arrangements necessary for you to have access to the Website(s).
  • Ensuring that all persons who access the Website(s) through your internet connection or mobile device are aware of these Terms of Use and comply with them.

To access the Website(s)s and its resources either in its entirety or only partially, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website(s) that all the information you provide on the Website(s) is correct, current and complete. You agree that all information you provide to register with the Website(s)sor otherwise, including but not limited to the use of any interactive features on the Website(s), such as curbside pick-up, is governed by our Privacy Policy found at https://www.alamofireworks.com/privacy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As applicable, if you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account information is personal to you and agree not to provide any other person with access to the Website(s) or any portion thereof using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer or other device so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website(s) and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Alamo Fireworks, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website(s) for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website(s), except as follows:

  • Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website(s) for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from the Website(s).
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website(s).

You must not access or use for any commercial purposes any part of the Website(s) or any services or materials available through the Website(s). If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website(s) in breach of the Terms of Use, your right to use the Website(s) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website(s) or any content on the Website(s) is transferred to you, and all rights not expressly granted are reserved by Alamo Fireworks. Any use of the Website(s) not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Proprietary Content

Alamo Fireworks has all rights, title, and interest in the content located on the Website(s), including but not limited to, all logos, graphics, audio, video, documents, images, or other materials (“Content”). Content displayed on the Website(s) is the property of Alamo Fireworks, or third parties. You may not copy, use, or display this Content without the express written approval of Alamo Fireworks or the third-party owner, as applicable.

Prohibited Uses

You may use the Website(s) only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website(s):

  • In any way that violates any applicable, federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Alamo Fireworks, an employee of Alamo Fireworks, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website(s), or which, as determined by us, may harm Alamo Fireworks or users of the Website(s) or expose them to liability.

Additionally, you agree not to:

  • Use the Website(s) in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website(s), including their ability to engage in real time activities through the Website(s).
  • Use any robot, spider or other automatic device, process or means to access the Website(s) for any purpose, including monitoring or copying any of the material on the Website(s).
  • Use any manual process to monitor or copy any of the material on the Website(s) or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website(s).
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website(s), the server on which the Website(s) are stored, or any server, computer or database connected to the Website(s).
  • Attack the Website(s) via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website(s).
Reliance on Information Posted

The information presented on or through the Website(s) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s), or by anyone who may be informed of any of its contents.

The Website(s) may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Alamo Fireworks, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Alamo Fireworks. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website(s)

We may update the content on the Website(s) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website(s) may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website(s)

All information we collect on the Website(s) is subject to our Privacy Policy. By using the Website(s), you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website(s)

If the Website(s) contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Website(s) linked to the Website(s), you do so entirely at your own risk and subject to the terms and conditions of use for such Website(s).

Geographic Restrictions

The owner of the Website(s) is based in the state of Texas in the United States. We provide the Website(s) for use only by persons located in the United States. We make no claims that the Website(s) or any of their content is accessible or appropriate outside of the United States. Access to the Website(s) may not be legal by certain persons or in certain countries. If you access the Website(s) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Mobile Messaging Terms

When you give your consent to the Company about text messaging notifications, you are expressly agreeing that the Company may send text messages (including SMS and MMS) to that phone number. As a requirement you must have a text messaging-enabled mobile device with a text messaging plan. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service. You acknowledge that you are thirteen years of age or older and you have the consent of the wireless account holder. Message frequency varies. The number of messages you receive will depend on your activity with the brand. When you sign up, through varying means, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply. Reply STOP to cancel, HELP for help.

If you opt-out, you agree to receive a final text message confirming your opt-out. You may opt out at any time by texting the word STOP. For help, send a text message with the keyword HELP. Texts may be sent through an automatic telephone dialing system. Consent is not required as a condition of purchasing any goods or services. Any coupon delivered via mobile messaging must be presented at time of purchase. You agree to notify the Company of any changes to your mobile number and update your subscription with the Company to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website(s) will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE(S)S OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S) OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE(S) LINKED TO IT.

YOUR USE OF THE WEBSITE(S), THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S) IS AT YOUR OWN RISK. THE WEBSITE(S), THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALAMO FIREWORKS NOR ANY PERSON ASSOCIATED WITH ALAMO FIREWORKS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE(S). WITHOUT LIMITING THE FOREGOING, ALAMO FIREWORKS NOR ANYONE ASSOCIATED WITH ALAMO FIREWORKS REPRESENTS OR WARRANTS THAT THE WEBSITE(S), THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE(S) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ALAMO FIREWORKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ALAMO FIREWORKS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, AGENCIES, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE(S), ANY WEBSITE(S)S LINKED TO IT, ANY CONTENT ON THE WEBSITE(S)S OR SUCH OTHER WEBSITE(S) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE(S) OR SUCH OTHER WEBSITE(S), INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Alamo Fireworks, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, agencies, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website(s), including, but not limited to, your use of the Website(s)’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website(s).

Waiver and Severability

No waiver by Alamo Fireworks of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Alamo Fireworks to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, including the Mobile Messaging Terms, and our Privacy Policy constitute the sole and entire agreement between you and Alamo Fireworks with respect to the Website(s) and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website(s).

Your Questions, Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Website(s) should be directed to: info@alamofireworks.com. Users may also callour toll free line at 1-(800) 926-1037 or via mail at:

Alamo Fireworks
7760 Hwy. 87 E
San Antonio, TX 78236