Membership Agreement
SNAP, CRACKLE, BOOM FIREWORKS MEMBERSHIP AGREEMENT
Hello! We are so excited that you have decided to join the Snap, Crackle, Boom Fireworks Membership (“Membership”). Since you will be purchasing fireworks from us, an inherently dangerous product, we require that you read these terms and sign our Membership Agreement.
Safety Disclaimer: Fireworks are inherently dangerous and can cause injury or property damage if not handled properly. By joining this Membership, you acknowledge the risks associated with using fireworks and agree to follow all safety instructions provided by Snap Crackle and Boom Fireworks and on the product packaging. Always use fireworks responsibly and in accordance with local laws and regulations.
Membership Agreement Terms & Conditions
- Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the conditions specified in the below “Definitions” section. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of this Membership Agreement:
- Company (“Snap Crackle and Boom”, “Snap Crackle and Boom Fireworks”, “the Company”, “We”, “Us”, or “Our”) refers to Snap Crackle and Pop Fireworks LLC, d/b/a Snap Crackle and Boom Fireworks.
- You, User(s), or Member means the individual(s) accessing the Website or Service or the company or other legal entity on behalf of which such individual is accessing or using the Website, if applicable.
- Website or Site refers to the following site: https://www.scbfireworks.com/, and all of its affiliated pages, Policies, and Disclaimers.
- Who May Join the Membership: Participation in Our Membership is available to anyone legally capable of contracting in their respective jurisdiction. No one under the age of 18 may apply to or sign up for our Membership. If you are under the age of 18, we kindly ask that you do not use our Website or provide any information on or through any of its features. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at: scbfireworks@gmail.com.
Product Warnings and Instructions: It is your responsibility to read and understand all warnings and instructions provided with each fireworks product before use. Failure to follow safety guidelines can result in serious injury or property damage.
- Pricing and Payments:
- Pricing: You (the Member) agree to pay our rates set forth on the Sign-Up Page when you sign up for this Membership. By signing up for Our Membership, You will gain access to purchase fireworks and other offered products. You will be required to pay any fees that are required for your membership. The Company currently provides a Free and Paid membership option. If you Sign-Up for the Paid option, you are responsible for that fee amount, and it is incorporated into this Agreement. You understand that discounted products are for paid Memberships only. As part of Our Membership, You may receive exclusive coupons.
- Payments: Our Membership and in-store pricing are managed internally and powered online through our Website, without any third-party involvement. Each product will need to be purchased separately as an individual product. Credit card fees may be applied to Your payments and the Member is responsible for any such fees. To apply your Membership details to each purchase, visit the following Website while shopping: https://www.scbfireworks.com/shop/.
- Refunds: Unless otherwise agreed to in a writing signed by Snap Crackle and Boom Fireworks or as stated in this Agreement, all Membership fees, dues, and other payments are nonrefundable. You shall not be relieved of your obligations to make any such payments and no deduction or refund of dues shall be made for your failure to use the Membership due to circumstances outside of Our control.
- Service Charges and Late Fees: If any payment to Snap Crackle and Boom Fireworks, including by check, credit card, charge, or bank draft is not honored, or if your account is past due, Snap Crackle and Boom Fireworks shall have the right to the following remedies, in addition to any other legal or equitable rights: (i) assess a service charge of $30.00 for each dishonored transaction and require reimbursement for cost collection; (ii) assess a late fee of $20.00 for all past due accounts; (iii) collect the current and past due balance in any subsequent months; and/or (iv) suspend or terminate this Agreement and remove you from Our Membership. Snap Crackle and Boom Fireworks reserves the right to change these service fees and late fees at any time, with a minimum notice period of 30 days. All payment disputes must be submitted in writing to Snap Crackle and Boom Fireworks within one-hundred twenty (120) days of the disputed charge, to the extent permitted by law. Snap Crackle and Boom Fireworks may transfer this Agreement to a collection agency, and you will be obligated to pay any collection and/or legal costs incurred by Snap Crackle and Boom Fireworks in enforcing this Agreement.
- Fully Earned Upon Receipt: The Membership fee is considered fully earned upon receipt as We provide You with unrestricted access to our products both online and in-store.
- Cancelation and Termination:
- Cancelation by Member: You may cancel your Membership at any time by providing Us at least fourteen (14) days’ written notice. Such cancelation shall be deemed effective on the first day of the calendar month following the expiration of the 14-day notice period and all outstanding dues and charges have been paid. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancelation. Until you provide Us with written notice of cancelation as stated herein and make all outstanding payments, you will continue to be charged annual dues except as specifically provided for in this Agreement. If your membership is terminated for cause, We reserve the right to retain the unused portion of any prepaid amounts made by You.
- Cancelation by Snap Crackle and Boom Fireworks: We may suspend or cancel your Membership at any time for (i) failure to make your payments and other charges when due; (ii) any other breach of this Agreement; or (iii) any violation of our other Terms, policies, guidelines, rules, and regulations of Snap Crackle and Boom Fireworks and our Membership. We also have the right to cancel your Membership at any time without cause. You will remain liable for payment of dues and other charges for periods prior to the effective date of cancellation. No refunds shall be made for membership dues and other charge.
- Additional Rights to Cancelation: You shall have twenty-four (24) hours from the time of purchase to contact Snap Crackle and Boom Fireworks to cancel if you accidentally obtained a yearly Membership. however, if you have already used the Membership to complete any purchases, no refund will be given. In case of an accidental signup, contact Us immediately at: Josh@SCBfireworks.com, or scbfireworks@gmail.com.
- Guidelines, Rules, and Regulations: In Your use of your Membership, you agree to abide by all Guidelines, Rules, and Regulations of Snap Crackle and Boom Fireworks, as the same may be amended from time to time at Our reasonable discretion. Any Member who, in our sole determination, violates the Guidelines, Rules, and Regulations below or otherwise behaves in an unethical, exploitative, and malicious manner may be suspended or terminated by Us.
The following activities go against our Company mission and will not be tolerated:
- Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
- Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
- The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or other Members, by any means or device;
- Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
- Publishing or transmitting any content or links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety; and
- Any act or omission in violation of consumer protection laws and regulations;
- Using our Products in a manner that is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking; the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Compliance with Laws: Members are solely responsible for ensuring that their use of fireworks complies with all applicable local, state, and federal laws and regulations. Snap Crackle and Boom Fireworks is not responsible for any legal consequences arising from the illegal use of fireworks.
- No Guarantee & Disclaimer of Warranties: Snap Crackle and Boom Fireworks provides products and services “as is” without any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our products will meet your expectations or requirements. We cannot and have not made any guarantees regarding the quality or efficiency of the products you purchase or that we sell. Any expression by us about the quality or efficiency of the products are our promotional and marketing views only and are limited by our factual knowledge at the time they are expressed. You further understand that this Membership does not promise any outcomes whatsoever.
- Health and Environmental Risks: The use of fireworks can pose health risks and impact the environment. It is your responsibility to use fireworks in a manner that minimizes risk to health and the environment. Be considerate of neighbors, pets, and wildlife when using fireworks.
- Independent Contractors and Third Parties: Snap Crackle and Boom Fireworks may utilize and sell the products of independent contractors, third-party businesses, and Wholesalers. From time to time on the Site, Snap Crackle and Boom Fireworks may make available to you the services and educational material of independent contractors and third-party businesses. Snap Crackle and Boom Fireworks does not warrant or guarantee the quality of these products and services and does not guarantee that these products and services will remain available to you for any period of time, and hereby disclaims all liability arising out of such products, services, or educational material provided by third party businesses or persons.
Snap Crackle and Boom Fireworks makes no claims, representations, or warranties as to the business practices, integrity, or reliability of any Wholesaler from whom You may purchase our fireworks products. Any transactions or dealings you have with a Wholesaler are solely between you and said Wholesaler and all purchases of our fireworks products, merchandise, and paraphernalia made through a Wholesaler are at Your own risk. Snap Crackle and Boom Fireworks is not responsible for any loss, damage, or harm that may result from Your purchase or use of products purchased or obtained from a Wholesaler. It is Your responsibility to conduct Your own due diligence and make informed decisions when dealing with any Wholesaler or third-party seller.
- Indemnification: Except where prohibited by applicable law, you hereby agree to indemnify, defend, and hold harmless Snap Crackle and Boom Fireworks, its affiliates, and their respective directors, officers, employees, representatives, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with any injury, damage, or loss (including death) to any person or property caused by or resulting from the use, sale, handling, storage, or disposal of Our fireworks products and paraphernalia that were purchased from Our online or in-person store(s) or that were resold by a Wholesaler after purchase from Our online or in-person store(s).
The very nature of this Membership is that third parties and Wholesalers may purchase our fireworks products and paraphernalia for their own use or for the purpose of reselling products. Thereby, You hereby agree to indemnify, defend, and hold harmless Snap Crackle and Boom Fireworks, its affiliates, and their respective directors, officers, employees, representatives, and agents from and against any and all breaches by a Wholesaler of any representations, warranties, covenants, or obligations under this Agreement.
- Limitation of Liability: To the maximum extent permitted by applicable law, Snap Crackle and Boom Fireworks shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of the Membership or fireworks products.
- Intellectual Property: All content within the Membership including text, graphics, logos, and any images, is the property of Snap Crackle and Boom Fireworks or its affiliates, protected by intellectual property laws. Trademarks and trademark applications such as the Snap Crackle and Boom Fireworks name, logo, and slogan are exclusive to Us. Other trademarks in the Membership belong to their owners. You must not use these marks without Our written permission. Your participation in the Membership does not transfer any intellectual property rights to you. By participating, you agree to respect all intellectual property rights. You have a single-use, non-exclusive, non-transferable, revocable license to access the Membership content, which you must not modify, publish, or exploit in any unauthorized way. Snap Crackle and Boom Fireworks content is not for resale, and unauthorized use of protected content does not grant you any ownership rights. You may only use the content for individual use, and you must seek written permission from Snap Crackle and Boom Fireworks aw and the copyright owner for any other use. If you infringe on Snap Crackle and Boom Fireworks’ intellectual property, your license will be immediately terminated, your access to the Membership revoked, and you will not be entitled to a refund of any fees.
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of laws principles.
- Dispute Resolution: Any disputes arising out of or relating to this Agreement shall be resolved through informal, then formal mediation, and if mediation fails, through binding arbitration under the rules of the American Arbitration Association. The arbitration shall be conducted in Kansas City, Missouri.
- Force Majeure: Neither party shall be liable for any delay or failure in the performance of its obligations under this Agreement due to events outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, public health emergencies, or government actions. The affected Party shall notify the other Party in writing within a maximum of 5 business days and use all commercially reasonable efforts to resume performance.
- Severability: If any provision or any part of any provision of this Agreement is held to be unenforceable, such provision or portion thereof shall be severed from this Agreement and such unenforceability shall not affect the other provisions of this Agreement.
- Notices: Please remember to inform Snap Crackle and Boom Fireworks immediately of any changes to your address or payment methods. Any notice given under this Agreement shall be considered delivered when mailed to your address listed on the first page of this Agreement or as later changed by written notice to Snap Crackle and Boom Fireworks. Any notice you send to Snap Crackle and Boom Fireworks shall be considered delivered only when received by Us.
- Counterparts: This Agreement may be signed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be exchanged by electronic means, which shall be binding.
- Entire Agreement: This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any discussions, offers, proposals, agreements, or promises with respect thereto. This Agreement may be modified only by a written amendment signed by you and Snap Crackle and Boom Fireworks.
- Attorneys’ Fees: If any action, suit, or other proceeding is brought relating to the enforcement or interpretation of this Agreement, the prevailing party shall recover all of such party’s reasonable fees and expenses, including attorneys’ fees and expenses incurred in connection with such action.
By selecting the Acceptance Checkbox on our Website, you affirm that you have read, understood, and agreed to these Terms, are at least 18 years of age, and have the legal capacity to enter into this Agreement. You acknowledge that checking the Acceptance Box constitutes a valid electronic signature under applicable state and federal laws. This action constitutes your digital signature to these Terms. If you have any questions about the Terms or your Membership, please contact us at:
Snap Crackle and Pop LLC d/b/a/ Snap Crackle and Boom Fireworks
ATTN: Josh Lansdale
Email: Josh@SCBfireworks.com or https://www.scbfireworks.com/contact-us/
Phone: 816-815-7627