MBS Direct, LLC ("MBS" or "we") owns and operates this website ("Site"). These Terms of Service ("TOS") constitute a legally binding agreement made by and between MBS and you (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, "you"). These TOS govern your use of the services we make available on this Site and our other websites ("Services").
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TOS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CERTAIN CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you have any questions about these TOS, please contact us by email at [email protected] or call us at 800-325-3252.
All comments, feedback, suggestions, ideas, and other submissions that you disclose, post, submit or offer to us in connection with your use of or related to the Site (collectively, "Comments") will become our exclusive property. In addition, by submitting such Comments to us, you grant to us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers) and transferable license to use, copy, reproduce, manufacture, distribute, translate, perform, modify, display, port, transmit, create derivative works of, make, have made, offer to sell, sell, import and otherwise exploit related rights in your Comments in connection with the Site and MBS's (and its successor's) business in any form, media or technology known or hereafter developed without compensation or attribution to you or any third party. Your submission of a Comment constitutes a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality and any other legal theory relating to submissions. We are not and will be under no obligation to hold any Comments in confidence or respond to any Comments. You represent and warrant that you have the right to submit your Comments, and you are and shall remain solely responsible for your Comments. If you post Comments on the Site, your Comments will be available to other users of the Site and the public.
THE MBS SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE MBS SERVICES, ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. MBS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND QUIET ENJOYMENT. MBS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY, AVAILABILITY, PERFORMANCE OR OTHERWISE OF THE MBS SERVICES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING PRODUCTS BEING IN STOCK OR GUARANTEES THAT PRODUCTS WILL NOT BE LOST IN THE MAIL. MBS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH ANY MBS SERVICE. MBS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR IN CONNECTION WITH ANY MBS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE MBS SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE MBS SERVICES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT MBS MAY NOT DISCLAIM UNDER APPLICABLE LAW.
WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES WILL WORK IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE, CONTENT, AND PRODUCTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. MBS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA.
TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL MBS, ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, THE USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR CONTENT, EVEN IF MBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, USE OR PERFORMANCE OF OR FAILURE TO PROVIDE SERVICES, PRODUCTS PROVIDED THROUGH THE SERVICES OR OTHER CONTENT AVAILABLE FROM THE SITE. IN ANY EVENT, OUR AGGREGATE LIABILITY SHALL NOT EXCEED $1,000. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT MBS MAY NOT EXCLUDE UNDER APPLICABLE LAW.
MBS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND MBS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. MBS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING.
THE FOREGOING LIMITATION OF DAMAGES AND LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO RESIDENTS OF NEW JERSEY: THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
The Site is controlled and offered by MBS from its facilities in the United States of America. MBS makes no representations that the Site is appropriate for use in other locations. You are not permitted to use the Site unless you are located in the United States of America. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless MBS and its parent corporation and other affiliates, and their officers, directors, employees and agents (the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney fees) incurred in connection with any third-party claim, demand or action ("Claim") brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would constitute a breach of any provision of these TOS by you; or (b) arising from, related to, or connected with your use of or access to the Site or Services, your violation of any term of these TOS, your violation of an applicable law, or your violation of any third-party right, including without limitation any copyright, property or privacy right. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these TOS and your use of the Site.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Missouri, USA, without regard to conflict of laws principles, will govern all Covered Matters.
These TOS and use of the Services evidence a transaction involving interstate commerce, and the United States Arbitration Act will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any “Covered Matters” must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules and the AAA Supplementary Procedures for Consumer-Related Disputes (including without limitation using desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). One arbitrator will conduct the arbitration. The arbitrator will not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these TOS including, but not limited to, any claim that all or any part of these TOS is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same MBS user to the fullest extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
There are only two exceptions to this arbitration agreement. First, if we reasonably believe that you have violated or threatened to violate our intellectual property rights or if you use the Site in violation of provision 3.2 (Prohibited Use), you agree that we would be irreparably harmed by such violation or use and that we may seek injunctive or other appropriate relief in any court of competent jurisdiction without first proving actual damages or posting a bond. Second, any claim, at the option of the claiming party, may be resolved in small claims court in Missouri, USA, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, MBS will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or without merit, MBS is relieved of its obligation to reimburse you for any fees associated with the arbitration. IF YOU ARE A NEW MBS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [email protected] ("OPT-OUT NOTICE") OR VIA US MAIL TO: MBS Direct, LLC, 2711 West Ash Street, Columbia, MO 65203. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TOS FOR THE FIRST TIME. IF YOU ARE NOT A NEW MBS USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TOS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
In order to opt-out, your Opt-Out Notice must include your name, address (including street address, city, state, and zip code), and email address(es) associated with your account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the TOS and this Section 4 (Disputes; Governing Law; Arbitration) will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
BY AGREEING TO THESE TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
No waiver of any term of these TOS will be binding unless in writing, no waiver of any term of these TOS shall be deemed a further or continuing waiver of such term or any other term, and the failure of MBS to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision. The provisions of these TOS are intended to extend to the fullest extent permitted by law. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these TOS to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these TOS remain in full force and effect.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Last Updated: November 27, 2017
Effective Date: October 25, 2018
"We", "our", and "us" mean MBS, the operator of this website.
"You" and "your" mean you, the person visiting this website.
Personal information means the following information about you that we collect through the website:
"Contractor" means a third party that is not owned or controlled by MBS, but that has been retained to provide certain services for us, on our behalf or through our website(s).
Your submissions. We collect Personal Information that you provide to us when you register for an account, Promotion (defined below) or other program on our website; place or commence an order; or e-mail us.
Automatic collection. We automatically receive certain types of information whenever you interact with Us through Our Website. For example when you visit the Website, our systems, or those of our service providers, may automatically recognize your IP address, domain name and general location, a unique identifier for your Internet-enabled device, date and time of visits, the type of browser you use, the website from which your visit originated, the website you visit after leaving our website, page visits, time spent on web pages, the advertisements clicked on or scrolled over and other data. Below we describe certain information collected, and the actions and technologies that facilitate the collection of such information, in greater detail.
We may use the information described above:
To accomplish all this, and also to allow us to offer our customers streamlined ordering and other useful features, we use and allow our third-party advertising companies, software vendors, fulfillment companies, and contractors to use the technologies listed above and other similar technologies ("Tracking Technologies").
WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRACKING, DATA COLLECTION OR OTHER ACTIVITIES OF THIRD PARTIES.
In some cases, we may link information that is not Personal Information and which was automatically collected through Tracking Technologies with Personal Information.
Information from other sources. We may obtain information about you from outside sources and combine it with your account information. For example, we may purchase demographic and other marketing information from third parties to help us better serve you or inform you about products or services that we think will be of interest to you. We sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. Finally, we may also purchase lists containing your Personal Information (e.g., address, phone number, e-mail address) for advertising and marketing purposes.
Generally. We do not rent, sell or share Personal Information about you with other people or companies except in the situations described below.
Sharing your information with our contractors. From time to time we may share Personal Information with contractors that provide us with services. We may share information provided by you directly or through Tracking Technologies with contractors that provide support services to us such as our e-commerce software vendor, fulfillment companies, transaction processor, printer, mailing house, or web host or with companies that help us market, distribute, or sell our products and services. We also may share information provided by you to contractors that conduct research and analysis concerning the people who request information from us. We also may share your Personal Information with contractors that provide a service directly to you through our website. These contractors may need information about you in order to perform their functions.
Sharing your information with advertisers. We may participate in behavioral-based advertising. This means that we or a third party may use Tracking Technologies to collect information about your use of our website or other internet usage so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our website, or on other websites. We also may share traffic and transaction information with business partners and advertisers on an aggregate and anonymous basis.
We currently use Google and Adobe for analytics, marketing, and advertising network services. These services provide us with aggregated information about our visitors. If you would like to opt-out of behavioral-based advertising, or analytics through these services you may opt-out by following the instructions at the following sites:
Sharing your information with publishers. In some instances, we may share your Personal Information with the publisher, copyright holder, or author of the products you purchase from us. These parties may use your information to send you updates, corrections or other information related to those materials.
Sharing your information with educational institutions. We may share your Personal Information with any educational institutions to which you indicate that you belong and with which we have a contractual relationship. The educational institution may use your Personal Information to verify that you have obtained books and other course materials required for a particular course. The educational institution may also use your Personal Information to verify that MBS is in compliance with any agreements between MBS and the educational institution.
WE HAVE NO CONTROL OR INFLUENCE OVER THE PRIVACY PRACTICES OF SUCH OTHER WEBSITES AND ADVERTISERS AND WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY WEBSITE OPERATORS' OR ADVERTISERS' DATA COLLECTION PRACTICES, THEIR FAILURE TO ABIDE BY THEIR PRIVACY POLICIES OR THE CONTENT OF ANY THIRD-PARTY WEBSITES.
Sharing your information with law enforcement. We fully cooperate with reasonable requests for information from law enforcement agencies. As a result, we reserve the right to report to law enforcement agencies any activities that we reasonably believe to be unlawful, or that we reasonably believe may aid a law enforcement investigation into unlawful activity. In addition, we reserve the right to release your Personal Information to law enforcement agencies if we determine, in our sole judgment, that either you have violated our policies, or the release of your information may protect the rights, property or safety of MBS, you or one of our other customers.
Sharing your information as permitted by law. We may disclose Personal Information when we believe disclosure is appropriate to comply with the law or protect the rights, property or safety of ourselves or others; when it is necessary to identify or contact you in connection with, bring, or defend legal action against persons or entities that we believe may be causing harm to you, our company or third parties; and, when necessary, to protect or defend our rights or property.
Contests, sweepstakes and promotions. Occasionally, we may run a promotion such as a sweepstakes or a contest (a "Promotion"), and you will be given the opportunity to enter by filling out an entry form, or in some cases, you may be automatically entered by using a designated type of credit card when placing an order in store, online or via phone. Your entry information may be shared with third parties for the limited purposes of administering the sweepstakes and selecting a winner(s) and may be used to notify you in connection with the sweepstakes or contest and to verify your identity. Some Promotions may have one or more co-sponsors, and you may also be asked upon entry to consent to receive future communications from such co-sponsors. In the event your consent is indicated, the information from your entry will be shared with the co-sponsors. IN THOSE SITUATIONS, THE THIRD PARTIES WILL HAVE THE RIGHT TO USE YOUR INFORMATION FOR THEIR OWN PURPOSES, IN ACCORDANCE WITH THEIR OWN POLICIES, AND WE ARE NOT RESPONSIBLE FOR HOW CO-SPONSORS MAY USE YOUR INFORMATION. In all events, we will make it clear to you in the entry, order or registration form, before you submit it, whether you are consenting to receive information from any third party, and you will be given the opportunity to opt not to receive such information at the time you submit your entry, order or registration.
We take reasonable and appropriate measures to help keep information secure and to help prevent it from becoming disclosed. Even though we follow reasonable procedures to try to protect the information in our possession, no security system is perfect so we cannot promise, and you should not expect, that your information will be secure in all circumstances.
For security purposes, we do not accept credit card information via email, web form, or social media.
Once you have provided Personal Information to us, we may store and maintain that information. You may review and edit certain information online by logging into your account and accessing the "My Profile" or "My Account" page, where you will be able to edit your information. Additionally, you may contact us using the contact information below and we will edit or delete your information except as prohibited by law.
We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 13.
Your Personal Information will be stored and processed on our computers in the United States of America. The laws on holding Personal Information in the United States of America may vary and be less stringent than laws of your state or country. If you object to your Personal Information being transferred or used in this manner, please do not register with or use the website.
Some web browsers and devices allow you to broadcast a preference that your activities online not be "tracked". At this time, our Website does not take action in response to "do not track" signals.
Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third-parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third-party direct marketing purposes.
You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at:
MBS Textbook Exchange, LLC
2711 West Ash Street
Columbia, MO 65203
We reserve the right to modify or amend this policy at any time by posting the revised policy on our website, so we encourage you to review the policy periodically. Any material changes in how we collect, use or share your Personal Information will only affect the information we collect after the effective date of the change to our policy, unless we obtain your consent otherwise.