Terms of Service

Welcome to mouthy.ca (the "Mouthy.ca site"). Mouthy Inc., and/or its affiliates ("Mouthy.ca, Wholesale.Mouthy.ca") provide website features and other products and services to you when you visit or shop at the Mouthy.ca site, use Mouthy.ca products or services, use Mouthy.ca applications for mobile, or use software provided by Mouthy.ca in connection with any of the foregoing (collectively, "Mouthy.ca Services"). Mouthy.ca provides the Mouthy.ca Services subject to the following conditions.

By using Mouthy.ca Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Mouthy.ca Services, and sometimes additional terms may apply. When you use an Mouthy.ca Service, you also will be subject to the guidelines, terms and agreements applicable to that Mouthy.ca Service ("Service Terms"). If these Terms of service are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Policy, which also governs your use of the Mouthy.ca Services, to understand our practices.

Electronic Communications

When you use any Mouthy.ca Service, or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on the Mouthy.ca site or through other Mouthy.ca Services. You agree that all agreements, notices, messages, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Mouthy.ca Service--such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software--is the property of Mouthy.ca or its content suppliers, and is protected by Canadian and international copyright laws. The compilation of all content included in or made available through any Mouthy.ca Service is the exclusive property of Mouthy.ca and protected by Canadian and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Mouthy.ca Service are trademarks or trade dress of Mouthy.ca, Inc., or its affiliates, in Canada and other countries. Mouthy Inc.'s trademarks and trade dress may not be used in connection with any product or service that is not Mouthy Inc.'s or its affiliates', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mouthy Inc. or its affiliates. All other trademarks not owned by Mouthy Inc. or its affiliates that appear in any Mouthy.ca Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mouthy.ca or its affiliates.

Patents

Any patents owned by Mouthy.ca apply to the Mouthy.ca Services, products of Mouthy Inc., and to the features and services accessible via the Mouthy.ca Services. Portions of the Mouthy Services operate under license of one or more patents.

Licence and Access

Subject to your compliance with these Terms of service and your payment of any applicable fees, Mouthy.ca or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Mouthy.ca Services. This licence does not include any resale or commercial use of any Mouthy.ca Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Mouthy.ca Service 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. All rights not expressly granted to you in these Terms of service or any Service Terms are reserved and retained by Mouthy.ca or its licensors, suppliers, publishers, rightsholders, or other content providers. No Mouthy.ca Service, nor any part of any Mouthy.ca Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Mouthy.ca. 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 Mouthy.ca without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mouthy.ca's name or trademarks without the express written consent of Mouthy.ca. You may not misuse the Mouthy.ca Services. You may use the Mouthy.ca Services only as permitted by law. The licenses granted by Mouthy.ca terminate if you do not comply with these Terms of service or any Service Terms.

Your Account

You may need your own Mouthy account to use certain Mouthy.ca Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Mouthy.ca does sell products for and to minors. If you are under the age of majority in your province of residence, you may NOT use any Mouthy.ca Services or products marketed, supplied by Mouthy Inc. Mouthy.ca reserves the right to refuse service, terminate accounts, terminate your rights to use Mouthy.ca Services, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; 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" or unsolicited commercial electronic messages You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mouthy.ca reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Mouthy.ca a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media for all purposes, including in advertising and promotions. You grant Mouthy.ca and sublicencees 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 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 Mouthy.ca for all claims resulting from content you supply. Mouthy.ca has the right but not the obligation to monitor and edit or remove any activity or content. Mouthy.ca takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

Mouthy.ca respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please notify Mouthy Inc. immediately so that Mouthy Inc. can investigate and remove any valid violations from it’s services or product offers.

Risk of Loss

Risk of loss and title for items purchased from Mouthy.ca pass to you upon our delivery to the carrier or, if such items must cross an international border, then risk of loss and title pass to you when they clear customs.

Returns, Refunds and Title

Mouthy.ca does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Mouthy.ca does not take title to the refunded item.

Product Descriptions

Mouthy.ca attempts to be as accurate as possible. However, Mouthy.ca does not warrant that product descriptions or other content of any Mouthy.ca Service is accurate, complete, reliable, current, or error-free. If a product offered by Mouthy.ca itself is not as described, your sole remedy is to return it in unused condition.

Pricing

With respect to items sold by Mouthy.ca, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Other Businesses

Parties other than Mouthy.ca may provide services, or sell product lines through the Mouthy.ca Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Mouthy. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Mouthy.ca does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms of service.

Disclaimer of Warranties and Limitation of Liability

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC'S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE MOUTHY.CA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOUTHY SERVICES ARE PROVIDED BY MOUTHY.CA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MOUTHY.CA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MOUTHY.CA SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOUTHY.CA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOUTHY.CA SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOUTHY.CA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. MOUTHY.CA DOES NOT WARRANT THAT THE MOUTHY.CA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOUTHY.CA SERVICES; ITS SERVERS, ELECTRONIC COMMUNICATIONS, OR E-MAIL SENT FROM MOUTHY.CA SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOUTHY.CA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MOUTHY.CA SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MOUTHY.CA SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Applicable Law and Disputes

(Not applicable to Quebec consumers) Any dispute or claim relating in any way to your use of any Mouthy.ca Service, or to any products or services sold or distributed by Mouthy.ca or through Mouthy.ca Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Commercial Arbitration Act and Canadian federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

(Not applicable to Quebec consumers) By using any Mouthy.ca Service, you agree that the Commercia Arbitration Act, applicable Canadian federal law, and the laws of the province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms of service and any dispute of any sort that might arise between you and Mouthy.ca.

For Quebec consumers: These Terms of service and any dispute of any sort that might arise between you and Mouthy.ca shall be governed by the laws of the Province of Quebec, without reference to its conflict of laws provisions, and the laws of Canada applicable therein, and any disputes will be submitted to the courts of competent jurisdiction of the District of Montreal (Quebec).

Site Policies, Modification, and Severability

Please review our other policies posted on the Mouthy.ca site. These policies also govern your use of Mouthy.ca Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of service 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.

Our Address

Mouthy Inc.

1210-2091 Hurontario St.
Mississauga,ON L5A4E6
Canada

Additional Mouthy Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Mouthy.ca Services (the "Mouthy Software").

 

  1. Use of the Mouthy Software. You may use Mouthy Software solely for purposes of enabling you to use and enjoy the Mouthy.ca Services as provided by Mouthy.ca, and as permitted by the Terms of service, these Software Terms and any Service Terms. You may not incorporate any portion of the Mouthy Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Mouthy Software or otherwise assign any rights to the Mouthy Software in whole or in part. You may not use the Mouthy Software for any illegal purpose. We may cease providing any Mouthy Software and we may terminate your right to use any Mouthy Software at any time. Your rights to use the Mouthy Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Terms of service or any other Service Terms. Additional third-party terms contained within or distributed with certain Mouthy Software that are specifically identified in related documentation may apply to that Mouthy Software (or software incorporated with the Mouthy Software) and will govern the use of such software in the event of a conflict with these Terms of service. All software used in any Mouthy Service is the property of Mouthy.ca or its software suppliers and protected by Canadian and international copyright laws.
  2. Use of Third Party Services. When you use the Mouthy Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Mouthy Software, whether in whole or in part, or create any derivative works from or of the Mouthy Software.
  4. Updates. In order to keep the Mouthy Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
  5. Export Regulations. You must comply with all export and re-export restrictions and regulations of Foreign Affairs and International Trade Canada, and other Canadian agencies and authorities that may apply to the Mouthy Software.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your intellectual property rights are being infringed, please submit your complaint using our contact form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Mouthy Inc.

1210-2091 Hurontario St.
Mississauga,ON L5A4E6
Canada
E-mail: info@mouthy.ca

 

Written claims concerning copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.