Terms of Use
This Web site located at www.mouthman.com is owned and operated by Valroy's, Inc., a Nevada corporation based in Henderson, NV, which is also known as "MOUTHMAN®", "MOUTHMAN USA" and formerly nZilla. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MOUTHMAN®. BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEB SITE.
If you are under the age of 18, please discuss your use of this Web site and our Terms of Use with your parent or guardian.
User Conduct
You expressly agree that you will not use this Web site or any other Internet services provided by MOUTHMAN®, for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations and are solely responsible for all acts or omissions that occur under your account. Any unauthorized commercial use of this Web site, MOUTHMAN® servers or Internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Web site as determined by MOUTHMAN® in its sole discretion.
Privacy
By using this Web site, you consent to the terms of
MOUTHMAN®, Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the bottom of the www.mouthman.com web site, is incorporated into these Terms of Use by reference. You consent to MOUTHMAN® use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States. You can read our Privacy Policy
here.
Contests, Sweepstakes, Electronic Postcards, Newsletters, and Other Activities
From time to time MOUTHMAN®, may offer you the ability to participate in contests, sweepstakes, electronic postcards, or other activities. MOUTHMAN® may provide additional rules of participation for those activities. Any such additional rules incorporate these Terms of Use by this reference and all activities shall be subject to these Terms of Use. To the extent that any conflict exists between these Terms of Use and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.
Ownership of Intellectual Property/Restrictions on Use
This section applies to everything on or in this Web site which is not a User Created Item.
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress, and trade names and copyrights and patents which are part of or displayed through this Web site (the "Materials") are the sole property of nZilla, LLC. under exclusive license to nZilla, Inc. Third parties who have been authorized in writing by nZilla, Inc. to use the MOUTHMAN® Materials are protected, without limitation, pursuant to U.S. and foreign copyright and trademark and intellectual property laws. MOUTHMAN products are subject to US Patent No. US 8,181,274 B1 and multiple copyrights. Patent and copyright violations shall be strictly enforced. nZilla, Inc. shall consider licensing requests, but no authorization is provided herein to use the MOUTHMAN Materials, patent, copyright and/or trademark in any manner without the express written authorization from an authorized representative of Valroy's, Inc.
Valroy's, Inc. respects the intellectual property of others, and we ask our users to do the same. Valroy's, Inc. may, in its sole and absolute discretion, terminate the Accounts of users who infringe the intellectual property rights of others.
These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Web site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Web site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to this Web site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and Valroy's, Inc. all rights in the Materials and the Web site are reserved to Valroy's, Inc.
Online Shopping
MOUTHMAN® offers the opportunity to purchase products online through this site www.mouthman.com. All purchases are subject to the terms and conditions of these Terms of Use and any additional requirements shown on the product or checkout page, in separate terms and conditions set forth, or in the FAQ. Customers must be over age 18 with a valid credit card. Web site visitors under age 18 cannot make purchases. When a customer places an order, we collect information associated with the transaction in accordance with MOUTHMAN®’ Privacy Policy.
Prices: Prices of products and delivery and other charges displayed on this Website are current at the time of issue, but may be changed at any time without notice and are subject to availability. Stated prices do not include shipping and handling or taxes. You are solely responsible for any sales, local or similar taxes and duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes imposed on any products ordered by you from this Website. All prices are stated in United States dollars.
Charges: If you purchase by credit card, we may authorize the amount of your purchase with your credit card issuer at the time you place your order. We accept PayPal, Visa, MasterCard, American Express and Discovery.
Availability: We cannot guarantee availability of product, even if our Web site shows that a particular product is available. We may not have all products or product lines available online and we may discontinue products or change prices at any time.
Order Processing: We may at some point send the wrong product. There's lots of designs and sizes and errors can happen. We do our best to get it right! That's our fault and no cost to you for exchange. Just let us know and we'll take care of it promptly!
Shipping: We utilize the US Postal Service for shipping all orders. We shall not and will not be responsible for delays, errors or lost shipments. We do not guarantee US Post Service services or commitments. However, should a problem arise, we will do our best to resolve the issue. Once your order is shipped from our warehouse, the responsibility lies with you and the US Postal Service. In no event shall we be responsible for refunding monies due to the failure of the US Postal Service.
Errors: Occasionally we goof! We shall correct any error we make at no charge to you, like shipping the wrong item or size. We provide free First Class Mail return and replacement shipping labels. Should you provide us with a wrong or undeliverable shipping address, you will be charged the cost of postage to replace items(s), or a postal charge deduction from refund should you request return or cancellation.
Promotions and Pricing
Promotional pricing may be restricted to defined groups of people for specific periods of time while supplies last-- any promotion may be discontinued at any time and without notice. Please see the terms and conditions for each promotion that may be applicable to your purchase.
Orders: We reserve the right to refuse or cancel any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by, or under, the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If your credit card has already been charged for an order at the time it is rejected, declined or cancelled, we will issue a credit to the credit card account which was charged.
Shipping/Risk of Loss: We will ship your order to the address you provide in compliance with these Terms of Use. You are solely responsible for any inaccurate or incomplete shipping information. All items purchased from www.mouthman.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. In the event your order is lost during shipping, we will assist you in pursuing a claim with the shipper, but will not be liable for any orders which are lost during shipping or misdelivered.
International Orders: International shipping fees can be calculated prior to checkout. Please be aware that when orders are shipped internationally they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates. Also note that international packages may be subject to the customs fees and import duties of the country to which the order has been shipped. Unfortunately, MOUTHMAN® has no control over these charges and they are the customer's responsibility. International orders are not returnable for refund/exchange unless product is defective. Reselleable product is exchangeable if customer pays all associated shipping fees. We hope that you enjoy your new product and we really appreciate your business.
Thank you for your business!