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Terms of Service
Scope; Acceptance of Terms.
MBS Location; Contact Information.MBS is based at 2711 West Ash Street, Columbia, MO 65203.
Eligibility.To use the Site, you must be, and represent and warrant that you are, of legal age (18 years and over, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes such third party's acceptance of these TOS. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
ACCOUNT REGISTRATION; ACCOUNT USE; ORDERS; DIGITAL CONTENT.
Account Registration.You must open an online account to use the Services on the Site, and you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form. You must promptly update such information to keep it true, current, complete and accurate. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim). You are entirely responsible for maintaining the confidentiality of your password and account.
Account Use.You are entirely responsible for any and all activities that occur under your account. You agree to notify MBS immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, costs and/or attorney fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, costs and/or attorney fees incurred by MBS or a third party due to someone else using your account. You may not use anyone else's account at any time. If you provide any information that is false, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, out of date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services or any portion thereof. MBS has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
Orders and Buybacks.For questions regarding payments, shipping, returns, orders or buybacks, refunds or your account, please visit the policies posted on the Site here or contact [email protected]. You will be solely responsible for all taxes arising from, relating to or connected with your use of the Services. We have the right to charge you for any taxes that we are required to pay or in fact collect.
Digital Content.MBS reserves the right to modify or discontinue the offering of any digital content, including, withut limitation, e-books, digital study guides and applications ("Digital Content") at any time. These TOS are applicable to the Digital Content and the Digital Content may be subject to other terms and restrictions. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from the Site if, for example, the publisher of the Digital Content no longer retains the rights to that Digital Content. Digital Content already downloaded to your computer or an external device will generally not be affected.
Additional Agreements.You agree that you must accept MBS's terms and conditions for MBS's e-book reader to use that product. In addition, if MBS has other terms and conditions (in addition to these TOS) for its mobile application, you must accept such additional terms and conditions to use the application.
Not a Back Up.The Services are not intended to be a secure back up for data, including, for example, the back up of e-books you may purchase through the Site. You are solely responsible for storing and backing up your downloaded content.
Risk of Loss.The risk of loss and title for all items purchased on the Site pass to you upon delivery of the item by MBS to a common carrier.
USE OF THE SITE.
Permitted Use.Subject to your compliance with these TOS and payment of any applicable fees, we grant you a limited, non-exclusive, non-sublicensable, non-transferable and revocable right to access the Site and use the Services for personal, non-commercial purposes, and as we otherwise intend.
Prohibited Use.Use of the Services or Site for any illegal purpose, or any other purpose not expressly permitted in these TOS, is strictly prohibited. Without limitation, you will not: (a) (except as expressly permitted by these TOS) copy, reproduce, distribute, display, create derivative works of or transmit the Content of the Site; (b) use the Site or Services commercially (for example, as part of a service bureau), for benchmarking, or to compile information for a competitive product or service; (c) modify or translate any part of the Services or Site; (d) reverse engineer, decompile, create derivative works of, modify, disrupt, tamper with or disassemble the technology used to provide the Services and/or Site (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components), or otherwise attempt to obtain source code; (e) attempt to bypass, modify or defeat any of the security features of the Site, including, without limitation, by altering any digital rights management functionality of the Site or Digital Content; (f) remove or alter any copyright, trademark or other proprietary notice contained on the Site or any Digital Content; (g) interfere with or damage the Site or our servers, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (h) impersonate or misrepresent your affiliation with a person, entity or organization, including, without limitation, us, or use a false identity; (i) attempt to obtain unauthorized access to the Site or attempt to obtain any materials or information through any means not intentionally made available through the Site; (j) collect, manually or through an automatic process, information about or of other users or the Site; (k) use any Marks or other Content for advertising, promotions or other commercial purposes; (l) submit false or misleading information to us or post material that violates, misappropriates or infringes on a third party's intellectual property or other rights; (m) interfere with any third party's ability to use or enjoy, or our ability to provide, the Site and/or Services; (n) engage, directly or indirectly, in any type of unsolicited solicitation; (o) deep link to portions of the Site or frame, inline link or similarly display any the Site or portions of the Site, provided if such deep linking is expressly permitted under applicable law, you must attribute the Content to MBS; or (p) assist or encourage any third party in engaging in any activity restricted by these TOS. MBS reserves the right, but has no obligation, to monitor your use of the Site and Services for compliance with these TOS.
INTELLECTUAL PROPERTY; THIRD PARTY CONTENT AND SERVICES.
Intellectual Property Rights.All content on the Site, or otherwise made available via the Site, including without limitation, the text, notes, graphics, photos, sounds, music, videos, interactivities and the like ("Content"), the trademarks, service marks and logos contained therein ("Marks"), the design of the Site and/or Services ("Site Design"), and all software and other technology used to provide the Site and/or Services ("Technology"), are owned by or licensed to MBS and/or its affiliates. Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
Third-party Content.The Site may contain information and Content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party Content. In addition, the Site may contain links to third-party websites. MBS is not responsible for the content on any linked site or any link contained in a linked site, or any changes to such sites. We do not endorse or accept any responsibility for the content on such third-party sites.
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.
MBS'S REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
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.
LIMITATION OF LIABILITY.
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.
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.
Termination; Survival.These TOS are effective unless and until terminated by you or us. MBS may, in its sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. We may deny you access to all or part of the Site at any time for any reason (including, but not limited to, if you engage in any conduct or activities that we determine, in our sole and absolute discretion, violate these TOS, our rights or the rights of any third party) or no reason at all. If we terminate your account for no reason, we will fulfill our obligations to you related to any order outstanding at the time of termination. The following provisions will survive termination: 2.2, 3.2, 4, 5, 6, 7, 8 and 9. For purposes of clarity, the survival of provision 3.2 (Prohibited Use) means that even if your account is terminated, if you breached one or more of those provisions while using the Site, we have the right to bring a lawsuit against you for damages or injunctive relief. If we terminate your use of the Site, you must cease all use of the Site, and these TOS will terminate. Upon termination of these TOS, all rights you have to use and display the Content will immediately terminate.
Force Majeure.Under no circumstances shall MBS or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond MBS's reasonable control.
MBS's Relationship with Educational Institutions.ON OCCASION, WE ENTER INTO AGREEMENTS WITH EDUCATIONAL INSTITUTIONS. UNDER SUCH AGREEMENTS, MBS MAY PROVIDE SERVICES AND OTHER CONSIDERATION TO THE EDUCATIONAL INSTITUTION, INCLUDING, BUT NOT LIMITED TO, PROVIDING STUDENTS OF THE EDUCATIONAL INSTITUTION THE OPPORTUNITY TO PURCHASE AND/OR RENT BOOKS AND OTHER COURSE MATERIALS FROM MBS AND ITS SERVICE PROVIDERS, PROVIDING THE EDUCATIONAL INSTITUTION A COMMISSION, OR OTHER FINANCIAL REMUNERATION, BASED UPON SALES OR RENTALS MADE TO THE EDUCATIONAL INSTITUTION'S STUDENTS.
Disputes: Governing Law; Arbitration.
No Waiver; Severability; Time for Claims.
Headings; Drafting.The provision titles in these TOS are for convenience only and have no legal or contractual effect. These TOS will not be construed against the drafter.
Notice.You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address: MBS Direct 2711 West Ash Street Columbia, MO 65203 Or [email protected]
Copyright Infringement Notices.If you believe material on the Site infringes your copyright, please visit our DMCA Copyright Infringement Take-down Policy.
Last Updated: November 27, 2017
Effective Date: January 25, 2019
"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:
- mailing address,
- billing address,
- e-mail address,
- telephone number,
- credit card information,
- and any other information collected or stored in conjunction with your name.
- IP Address
- Device IDs
- Clear GIFs/tracking pixels
"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).
Collection and use of information
Why We Collect Personal InformationWe collect Personal Information and other information from you, and about you:
- to provide you with products and information that you request;
- to send you news and information about our company, products and services;
- to contact you, if necessary;
- to diagnose problems with our computer systems and administer our website; and
- to enhance your online experience, as described in greater detail below.
How We Collect Information
We may use the information described above:
- to analyze and develop our business strategy;
- to determine how you found out about us,
- to determine your interests regarding our products and services;
- to personalize content and recommendations for you and other;
- to target marketing for you and others; and
- to improve our website and the user experience.
Your ability to opt out from receiving certain communications from MBS
- Message and data rates may apply.
- Message frequency varies.
- Text HELP to 69257 for help or email [email protected].
- Text STOP to 69257 to stop.
- Carriers are not liable for delayed or undelivered messages.
MBS's ability to share your Personal Information
- https://www.adobe.com/privacy/opt-out.html, and
Security of your information
Editing your Personal Information
Information Shared with MBS by Educational Institutions
Collection of information from children
Do not track signals
Your California Privacy Rights
2711 West Ash Street
Columbia, MO 65203
DMCA COPYRIGHT INFRINGEMENT TAKE-DOWN POLICYMBS Direct, LLC (“MBS”) respects the copyrights of others, and we expect our users to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe the copyrights of others. If you reasonably believe that any content on this web site (“Site”) contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512) (“DMCA”), you must promptly provide in writing the following information:
- Identification ofthe copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address;
- Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
- Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- Send the written communication to:
MBS Direct, LLC
Attn: Jamie Hofeditz, Copyright Agent
2711 West Ash Street
Columbia, MO 65203
Last Updated: July 15, 2016