Terms of service
Overview
Welcome to Tarius Damon.com. (“Tarius Damon,” “we,” “us,” or “our”). We operate this website and store (the “Services”) to provide you a curated shopping experience. Our Services are powered by Shopify.
These Terms of Service (the “Terms”), together with any policies we reference (including our Privacy Policy LINKLINKLINK and Refund Policy LINKLINKLINK), describe your rights and responsibilities. By visiting or using the Services, you agree to these Terms and our Privacy Policy. If you don’t agree, do not use the Services.
1) Access & Accounts
You represent that you’re at least the age of majority where you live and you consent to the use of the Services by any minor dependents on devices you own or manage.
You may be asked to provide information (e.g., email, billing, shipping, payment). You promise all information is accurate, current, complete, and that you have the right to provide it.
You’re responsible for keeping your credentials secure and for all activity under your account. You may not transfer, sell, or license your account.
2) “One-Creator” Capacity Notice (Limited Support)
We’re a small, creator-run operation. Availability, response times, production runs, and inventory are limited. We may pause orders, decline support requests, or delay responses at our discretion. Nothing in the Services guarantees availability, response times, or continuous operation.
3) Products & Content
We try to present products accurately, but colors, dimensions, and appearance may vary by device and settings. Descriptions, prices, and availability can change without notice. We may limit quantities, discontinue products, or refuse service to any person, region, or jurisdiction. We do not warrant that products will meet your expectations.
4) Orders
Your order is an offer to buy. We accept only when we process payment and send an order confirmation. We may reject or cancel any order (e.g., suspected fraud, errors, unavailability). If we change, reject, or cancel, we’ll attempt to notify you using the contact details you provided.
Your purchases are subject to our Refund Policy LINKLINKLINK. You represent that purchases are for personal/household use and not for resale or export.
5) Prices, Taxes & Billing
Prices, promotions, and discounts can change without notice. The price charged is the price at checkout/confirmation and excludes taxes, shipping, handling, customs, or import duties unless stated otherwise.
You agree to keep your payment details current and authorize us (and our processors) to charge your payment method for the order total and applicable taxes/fees. You represent you’re authorized to use the payment method and that charges will be honored.
6) Shipping, Title & Risk of Loss
Delivery dates are estimates only. We’re not liable for delays by carriers, customs, or events beyond our control. Title and risk of loss pass to you when we deliver items to the carrier. You’re responsible for any customs, duties, or import requirements.
7) Intellectual Property
All content in the Services (including text, graphics, logos, photos, audio/video, designs, and their arrangement) is owned by us or our licensors and is protected by applicable laws. You may use the Services only for personal, non-commercial use. No license is granted except as necessary to use the Services as intended.
Our names, logos, product/service names, and designs are our trademarks. Do not use them without our prior written permission. Shopify’s marks are the property of Shopify. Other names and logos belong to their owners.
8) Optional Tools & New Features
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. Use them at your own risk and review the third party’s terms. Any new features or tools added to the Services are also subject to these Terms.
9) Third-Party Links
The Services may link to third-party sites or include third-party materials. We don’t control or endorse third-party content and aren’t responsible for any harm arising from your use of it. Review the third party’s policies before engaging in transactions with them.
10) Relationship with Shopify
TariusDamon.com is powered by Shopify. Sales and purchases you make are with us, not Shopify. Shopify isn’t responsible for any sales between you and us, or for any injury, loss, or damage arising from products or services you purchase from us. You expressly release Shopify and its affiliates from all claims arising from or related to your transactions with us.
11) Privacy
Your personal information is governed by our Privacy Policy. Because our Services are hosted by Shopify, Shopify also collects and processes personal information to provide and improve its services. See Shopify’s privacy documentation and our Privacy Policy for details. Information may be processed outside your country.
12) Feedback & Reviews
If you submit ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and display it for any purpose.
You represent you own or control the rights to your Feedback and that it complies with these Terms and applicable law (including any required disclosure of incentives). We may monitor, edit, or remove Feedback at our discretion. You’re solely responsible for your Feedback.
13) Errors & Omissions
Information on the Services may contain typographical errors or inaccuracies (including pricing, availability, shipping charges, or transit times). We may correct or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).
14) Prohibited Uses
You may use the Services only for lawful purposes. You agree not to, among other things:
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violate laws or infringe IP rights;
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harass, defame, or harm others;
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transmit misleading, illegal, or malicious content;
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upload malware or attempt to bypass security;
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scrape, spider, or mine data;
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impersonate others;
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reproduce, copy, sell, resell, or exploit the Services; or
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interfere with anyone’s use of the Services.
We may suspend or terminate access for violations.
15) Service Changes; Availability; Force Majeure
We may change, suspend, or discontinue any part of the Services at any time without notice. We’re not liable if all or part of the Services is unavailable at any time. We’re not responsible for delays or failures caused by events beyond our reasonable control (including, without limitation, acts of God, labor disputes, supply shortages, transportation or utility failures, or government actions).
16) Disclaimer of Warranties
Except as expressly stated by us in writing: the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment. We do not warrant uninterrupted, timely, secure, or error-free operation. Your use is at your own risk. Some jurisdictions don’t allow certain disclaimers; to that extent, these may not apply to you.
17) Limitation of Liability
To the fullest extent permitted by law: in no event will we, Shopify, or our/their respective officers, directors, employees, agents, contractors, partners, licensors, or service providers be liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, revenue, data, or goodwill), or for replacement costs, arising from or related to the Services or products.
Our total liability for any claim will not exceed the greater of (a) US $50 or (b) the amount you paid to us for the product(s) giving rise to the claim in the three (3) months preceding the claim. Some jurisdictions don’t allow certain limitations; to that extent, these may not apply to you.
18) Indemnification
You agree to defend, indemnify, and hold harmless us, Shopify, and our/its affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your use of the Services, (ii) your breach of these Terms, or (iii) your violation of law or third-party rights. We may control the defense and settlement at your expense; we won’t agree to non-monetary obligations for you without your consent (not unreasonably withheld).
19) Arbitration Agreement; Class Action & Jury Trial Waiver
Please read this section carefully. It affects your rights.
Most disputes can be resolved informally. If not, any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and we waive the right to a jury trial.
Class/Collective Action Waiver: Disputes must be brought in an individual capacity; neither you nor we may act as a class representative, join a class, or bring a class or collective action.
Venue & Procedure: Arbitration may be conducted remotely or in Polk County, Iowa, at your election, and the arbitrator may award individual relief consistent with these Terms. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.
You and we may bring individual claims in small-claims court in Polk County, Iowa, instead of arbitration. This section does not apply where prohibited by law.
20) Severability
If any provision of these Terms is unlawful, void, or unenforceable, the remaining provisions will remain in effect, and the invalid provision will be enforced to the maximum extent permitted.
21) Waiver; Entire Agreement
Our failure to enforce any right isn’t a waiver. These Terms, together with policies referenced here (including the Privacy Policy and Refund Policy), are the entire agreement between you and us and supersede all prior understandings.
22) Assignment
You may not assign these Terms or any rights or obligations without our prior written consent, and any attempted assignment is void. We may assign these Terms without notice or consent.
23) Governing Law; Venue
These Terms and any disputes arising from them are governed by the laws of the State of Iowa, without regard to conflict-of-laws rules. Subject to the Arbitration Agreement above, exclusive venue and jurisdiction lie in the state and federal courts located in Polk County, Iowa, and you consent to personal jurisdiction there.
24) Changes to the Terms
You can review the current version of the Terms at any time on this page. We may update these Terms at any time by posting a revised version to the Services. If required by law, we’ll provide notice of material changes. Your continued use after changes become effective constitutes acceptance.
25) Contact
Questions? Email pseudonym@tariusdamon.com
Business Address
Tarius Damon
731 SE Alices Rd, Unit #1028
Waukee, IA 50263, USA