TERMS OF SERVICE
OVERVIEW
This website is operated by Type B Design. In this site, the terms "we," "us," and "our" refer to Type B Design. Type B Design provides this website, along with all the information, tools, and services it offers, to you as the user. These Terms outline the conditions under which you may access and use our website and services. The website offers visitors a selection of apparel and accessories featuring unique designs. By accessing or using our website, you confirm that you have read, understood, and agree to be bound by these Terms.
By visiting our site and/or making a purchase, you engage with our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced here or accessible via hyperlink. These Terms of Service apply to all site users, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please review these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all terms and conditions outlined here, you may not access the website or use our services. If these Terms are viewed as an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the store will also fall under these Terms of Service. The most recent version of the Terms can always be viewed on this page. We retain the right to revise, amend, or replace any portion of these Terms by posting updates or changes on our website. It is your responsibility to review this page periodically for any modifications. By continuing to access or use the website after changes are posted, you agree to accept those changes.
Our store is hosted on Wix.com, which provides us with the online e-commerce platform to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
In order to use our website and/or receive our services, you must be at least of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. All designs are copyright Rebecca Daum dba Type B Designs.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
The prices we charge for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We strive to present the colors and images of our products as accurately as possible in our store. However, we cannot ensure that the color display on your computer monitor will be exact.
We reserve the right, though not obligated, to restrict sales of our products or services to any individual, geographic area, or jurisdiction and may do so on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing may be modified at any time without notice, at our sole discretion. We also reserve the right to discontinue any product at any time. Any product or service offer made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to decline any order placed with us. At our discretion, we may limit or cancel quantities purchased per individual, household, or order. These limitations may apply to orders made with the same customer account, credit card, and/or those using the same billing or shipping address. If we alter or cancel an order, we may attempt to notify you via the email, billing address, or phone number provided at the time of purchase. Additionally, we reserve the right to restrict or block orders that, in our judgment, appear to be from dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
At times, our site or Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is inaccurate, without prior notice (including after an order has been submitted).
We are not obligated to update, amend, or clarify information in the Service or on any related website, including pricing details, except as required by law. Any specified update or refresh date within the Service or on a related website should not be understood as indicating that all information has been revised or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Under no circumstances shall Type B Design, along with our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be held liable for any injury, loss, claim, or any form of damages—whether direct, indirect, incidental, punitive, special, or consequential. This includes, without limitation, lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, whether arising from contract, tort (including negligence), strict liability, or any other basis. This limitation applies to claims arising from your use of our service or any products obtained through it, as well as any claims related to errors, omissions, or any loss or damage resulting from using the service or content (or product) shared, transmitted, or otherwise made available through the service, even if we were informed of such possibilities. Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in those locations, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Type B Design and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of both parties that were incurred before the termination date will remain in effect even after this agreement ends.
These Terms of Service will remain active unless terminated by either you or us. You may end these Terms of Service at any time by informing us that you no longer wish to use our Services or by stopping your use of our site.
If, in our judgment, you fail or we suspect you have failed to comply with any part of these Terms of Service, we may terminate this agreement immediately without notice. You will still be responsible for any amounts owed up to and including the termination date, and we may restrict your access to our Services (or any part of them).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
The most recent version of the Terms of Service can be reviewed on this page at any time.
We reserve the right, at our discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or Service after changes to these Terms of Service are posted signifies your acceptance of those changes.
Section 20 – Dispute resolution and Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH TYPE B DESIGN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
BINDING ARBITRATION:
Except for any disputes, claims, or proceedings (collectively, “Disputes”) related to a violation of Section 1 or those where either party seeks to file an individual action in small claims court or requests an injunction or other equitable relief for alleged unauthorized use of intellectual property (such as copyrights, trademarks, trade names, logos, trade secrets, or patents), you and Rebecca Daum dba Type B Design agree (a) to give up your rights to have any and all Disputes related to these Terms, the Site, Apps, Content, or Products resolved in court, and (b) to waive your right to a jury trial. Instead, you and Rebecca Daum dba Type B Design agree to resolve Disputes through binding arbitration, where a neutral party will review the Dispute and issue a final and binding decision rather than having a judge or jury decide the matter in court.
No Class Arbitrations, Class Actions, or Representative Actions: You and Rebecca Daum dba Type B Design agree that any Dispute related to these Terms, the Site, Apps, Content, Services, or products sold on the Site will be resolved on an individual basis through arbitration, not as part of a class action, class arbitration, or any representative proceeding. This means there will be no class or representative actions, in or outside of arbitration, and that Disputes cannot be brought on behalf of others or as a representative for any group or individual.
Notice; Informal Dispute Resolution
You and Type B Design agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Type B Design shall be sent by certified mail or courier to Type B Design AT 1900 Sioux Ct. Burnsville, MN, 55337, United States. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for SERVICES from Type B Design, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Type B Design cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Type B Design may, as appropriate and in accordance with this Section 20, commence an arbitration proceeding or, to the extent specifically provided for above, file a claim in court.
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 1 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR Rebecca Daum dba Type B Design WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND Type B Design WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE).
You and Type B Design agree that (a) any arbitration will be conducted confidentially in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, Dakota County Minnesota.
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
If any term, clause or provision of this Section 20 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 20 will remain valid and enforceable. Further, the waivers set forth in Section 20 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 20 by writing to: Type B Design AT 1900 Sioux Ct. Burnsville, MN, 55337, United States. In order to be effective, the opt out notice must include your full name and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21.
Section 21 - Choice of Law and Venue
These Terms of Service and your relationship with Type B Design are governed by and will be construed under the laws of the State of Minnesota, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms or to your relationship with Type B Design shall be finally settled in Dakota County, Minnesota, in English. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Minnesota and the United States, respectively, sitting in the State of Minnesota, Dakota County. You and Type B Design agree that these Terms affect interstate commerce and that the enforceability of this Section 21 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at asktypeb@gmail.com.