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Terms of Service

  1. GENERAL.

    1. Scope; Acceptance of Terms.

      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.

      BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER MBS WEBSITE OR RELATED SERVICE.

      If you have any questions about these TOS, please contact us by email at [email protected] or call us at 800-325-3252.

    2. MBS Location; Contact Information.

      MBS is based at 2711 West Ash Street, Columbia, MO 65203.
    3. 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.
  2. ACCOUNT REGISTRATION; ACCOUNT USE; ORDERS; DIGITAL CONTENT.

    1. 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.
    2. 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.
    3. 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.
    4. Third-Party Payment Services.

      We may process certain payments using PayPal or other third-party payment services and you agree to be bound by PayPal's (or other such third party's) terms if we do so. Please read PayPal's (or other such third party's) terms and privacy policy for more guidance. MBS is not responsible for the acts or omissions of such third parties.
    5. 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.
    6. 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.
    7. 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.
    8. 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.
  3. USE OF THE SITE.

    1. 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.
    2. 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.
  4. INTELLECTUAL PROPERTY; THIRD PARTY CONTENT AND SERVICES.

    1. 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.
    2. 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.
    3. Third-party Services.

      Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party's terms of service and/or privacy policy to use the service. MBS will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability, costs and/or attorney fees that you may incur arising from or related to such third party's services or products.
  5. COMMENTS.

    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.

  6. 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.

    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.

  7. 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.

    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.

  8. INDEMNITY.

    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.

  9. MISCELLANEOUS.

    1. 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.
    2. 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.
    3. 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.
    4. Disputes: Governing Law; Arbitration.

      Subject to applicable law, you and MBS agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these TOS or the Privacy Policy, or otherwise relating to MBS in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 4.

      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.

    5. No Waiver; Severability; Time for Claims.

      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.

    6. Entire Agreement; Assignment; Independent Contractors.

      These TOS (and all terms and conditions incorporated herein) constitute the entire agreement between you and MBS and govern your use of the Site and any Services provided by MBS, superseding any prior agreements between you and MBS on the subject matter (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms that may apply when you use certain MBS services or third-party software, content, links or websites. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MBS without restriction. These TOS bind and inure to the benefit of each party and the party's successors and permitted assigns. A party’s failure or delay in exercising any right, power or privilege under these TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these TOS. These TOS may not be modified by an oral statement by a representative of MBS. We are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by these TOS. These TOS incorporate and apply to the Privacy Policy. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. You agree to comply with all applicable laws in your use of the Site and Services. If you are using the Site or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
    7. 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.
    8. 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]
    9. 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

DMCA COPYRIGHT INFRINGEMENT TAKE-DOWN POLICY

MBS 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:
  1. 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;
  2. 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;
  3. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and e-mail address;
  4. 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.”;
  5. 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.”;
  6. 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
  7. Send the written communication to:

    MBS Direct, LLC
    Attn:  Jamie Hofeditz, Copyright Agent
    2711 West Ash Street
    Columbia, MO 65203
    USA
    [email protected]
    Phone:  573-234-5313
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, MBS may terminate access to the user’s account.

Last Updated: July 15, 2016

New Privacy Policy

Effective Date: October 25, 2018

This Privacy Policy describes and governs the information collection, use and sharing practices of MBS Textbook Exchange, LLC, ("MBS") with respect to our websites located at https://bookstore.mbsdirect.net/vbm/uol.htm (the "Website.") "We", "our", and "us" mean MBS, the operator of the Website. "You" and "your" mean you, the person visiting the Website.

This Privacy Policy describes the personal data we collect, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy applies to information collected by MBS and does not apply to information collected by any third-party sites to which MBS may link or to information provided to, or collected by, third-parties through third-party cookies, web beacons, or other third-party technologies served during your visit to the Website.

By using the Website, you agree to be bound by the terms of this Privacy Policy.

Note to Residents of California and individuals located in the European Economic Area: Further region specific information for our California customers and our European customers is outlined in the Region/Country-Specific Disclosures section below.

Information We Collect

Information We Collect from You

We collect your personal data directly from you in a number of ways and for various purposes, including:

Making a Purchase: We collect personal data from you in order to process your purchase, confirm your order, and ship merchandise to you. This personal data may include your name, billing and shipping address, telephone number, email address, and payment card information. MBS does not store your payment card information unless you choose to save it in your "Your Account" (see below).

Creating an Account: You have the opportunity to create a personal account with MBS, which allows you to shop faster and easier online. When you create a personal account with MBS, we collect personal data which may include your name, billing and shipping address, telephone number, email address, and payment card information. By creating a user name and a password of your choice, you may access your account online at any time to view and/or edit your profile, addresses, payment methods, order history, wish list, and email preferences. You are responsible for maintaining the confidentiality of your access information and for controlling access to your account. If you ever use a public computer to visit your account, we strongly encourage you to log out at the conclusion of your session.

Marketing: You may sign up on the Website or in stores to receive promotional emails, texts, and other communications from MBS. When you sign up, we may collect personal data such as your name, mailing address, telephone number, email address, and preferences. If you elect to be added to the MBS marketing list, we may use your contact information to communicate with you about products, services, promotions, offers, news, and events from MBS. Removal from Marketing: To be removed from our marketing list, visit "Preferences & Settings" under "Your Account, or simply click the unsubscribe button found at the bottom of any of the emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of our promotions may already be in process before you submit your request.

Customer Care: If you use our "Contact Us" feature or call, email or chat with a customer service representative, we may collect personal data such as your name, mailing address, telephone number, email address, and – if you choose to make a purchase – your payment card information and billing address. We use this information to assist you and to process and/or review your transaction. MBS does not store your payment card information unless you choose to include it in your "Your Account" (see above).

Surveys, Sweepstakes & Promotions: From time to time, you may be able to participate in surveys, contests, sweepstakes and promotions offered by MBS. If you choose to participate in these activities, we may collect personal data such as your name, mailing address, telephone number, email address, and preferences. We may use this information to communicate with you about our products, services and promotions if you have given us your consent to do so. We may invite you to participate in promotions that are co-marketed with an unaffiliated business partner. If you participate in this type of promotion, we may also share the information you provide to us with our business partner, who may use it if you have provided your consent. If you elect to receive communications from our business partner, your information will be used by that company in accordance with its policies, and this Privacy Policy will not apply to that company's use of your information. Sometimes the rules, terms and conditions or disclaimers that apply to a particular promotion include information on how we may use the information that you provide to us through your participation in the promotion. If there is a conflict between the rules, terms and conditions that apply to a particular promotion and this Privacy Policy, those applying to the particular promotion will govern. Please review all of the information about a promotion before you provide us (or our business partners) with any personal data.

Information We Collect Automatically

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.

  • IP address. Your "IP Address" is a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet. When you view pages of our website, our servers may record or "log" your IP Address and sometimes your domain name and general location.
  • Device IDs. You may be visiting our website from your mobile device like a mobile phone or tablet. Certain mobile service providers uniquely identify mobile devices, and we or our third-party service providers may receive such information if you access our website through mobile devices. Some features of the website may allow for the collection of mobile phone numbers, and we may associate that phone number to mobile device identification information.
  • E-mail. If you receive e-mail from us, we may use certain tools to capture data, including when you open our message, click on any links or banners it contains and/or make purchases. Certain e-mail messages may also contain tracking pixels or similar technologies, which collect and provide us with information while you are on our website.
  • Cookies. Our website uses "cookies" to customize your shopping experience or to keep track of your shopping cart. Cookies make web surfing easier for you by saving your customer identification information (i.e., username, password, shopping cart information, user preferences, etc.) while you are at our website. Cookies also track where you travel on our website and what you look at and purchase, and where you go after you leave our website. When you visit our website again, the cookie allows the website to recognize your browser and customize your experience. You can set your browser to refuse cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. For more information on the Cookies used on our Website, visit our cookie policy here.
  • Clear GIFs/tracking pixels. A clear GIF or tracking pixel is typically a one-pixel, transparent image (although it may be visible) located on a web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of a person's viewing or receipt of a web page or message.
  • City Level Geolocation Data. We also use your IP address to determine what city you our visiting our Website from. We do not determine your street address or precise longitudinal or latitudinal coordinates.

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 vendors to use the cookies and other similar technologies.

WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY TRACKING, DATA COLLECTION OR OTHER ACTIVITIES OF THIRD PARTIES, WHICH IS SUBJECT TO THOSE APPLICABLE THIRD PARTIES' PRIVACY POLICIES.

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 data (e.g., address, phone number, e-mail address) for advertising and marketing purposes.

How We Use Your Personal Data

We use the information we collect from our customers for various purposes, including:

  • to deliver services to our users and process transactions;
  • to send communications to you about our company, products, services, promotions, offers, news and events;
  • to determine how you found out about us;
  • to serve advertising, content, and offers to you based on your interests and online activities, from us or third parties;
  • to enable our service providers to provide services on our behalf;
  • to contact you or to respond to your communications, including to provide you with products and information you request;
  • improve our Website, shopping experience, and quality of service; and
  • to diagnose problems with our computer systems and website (including fraud and abuse) and administer our website.

Your Ability to Opt Out from Receiving Certain Communications from MBS

At any time, you may choose to opt out from receiving marketing communications from us. You can opt out of receiving such communications by clicking on an "opt-out" link provided at the bottom of an e-mail that you receive from us, or by calling our Customer Service Department at (800) 325-3252. Your request will be handled promptly, although you may still receive marketing communications that were already in process prior to receipt of your request. Additionally, we may continue to send you communications relating to your orders, technical matters related to the website, and the Terms of Use or this Privacy Policy.

How We Share Your Personal Data with Third Parties

We may disclose your personal data to companies that help us bring you the products and services we offer. For example, we may disclose your personal data to service providers and vendors that assist us as follows :

  • To manage a database of customer information;
  • To distribute emails or other marketing and advertisements, including on our Website and the websites of third parties;
  • To provide data storage and/or analytics;
  • To prevent fraud;
  • To provide customer service; and
  • To provide other services designed to assist us in providing products and services to you.

We require that these vendors agree to keep confidential all information we share with them and to use the information only to perform their obligations in the agreements and in a manner consistent with this Privacy Policy.

We may share data in aggregate form and/or in a form which does not enable the recipient of such data to identify you (for example, for industry analysis).

In the event of a corporate reorganization, asset transfer, or change of control, your personal data may also be transferred. However, use of your personal data will remain subject to this Privacy Policy.

We may also disclose your personal data when legally required to do so, to cooperate with legal proceedings, law enforcement, court orders, laws, regulations, or other legal obligations, or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms of Use, this Privacy Policy, or agreements with third parties, for crime-prevention purposes, or to protect against misuse or unauthorized use of our Website.

HOWEVER, A VENDOR PROVIDING A SERVICE DIRECTLY TO YOU THROUGH OUR WEBSITE MAY COLLECT PERSONAL DATA AND OTHER INFORMATION DIRECTLY FROM YOU. SUCH VENDOR MAY HAVE ITS OWN TERMS OF SERVICE AND PRIVACY POLICY, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF SUCH VENDOR.

Your Rights and Choices relating to Behavioral or Interest-Based Advertising

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:

Do not track signals. Some web browsers and devices allow you to broadcast a preference that your activities online not be "tracked". At this time, our Website and some third parties who place cookies on our Website do not take action in response to "do not track" signals, as the online community has not reached a consensus as to do not track standards, implementations, and solutions.

Sharing your information with publishers. In some instances, we may share your personal data 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 data 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 data to verify that you have obtained books and other course materials required for a particular course. The educational institution may also use your personal data to verify that MBS is in compliance with any agreements between MBS and the educational institution.

Share links. We may use third-party advertising companies to serve ads when you visit our website. The website also may contain links to other websites that are not under our control. These links may include the use of so-called "share links." A "share link" is a button and/or text link appearing on our website that enables the launch of a sharing mechanism whereby you can post links to, and content from, the website onto social networking websites such as Facebook, Twitter or Pinterest. The privacy policies of other website operators or advertisers may significantly differ from our Privacy Policy. We urge you to read the privacy statements of each and every website you visit and to contact the third-party website operators or advertisers directly if you have any questions or concerns about their data collection or privacy policies.

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 data 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 with affiliates and successors. We may share personal data with our parent, subsidiary and sister companies (collectively, "Affiliates"), and they may use such information to market to you, so long as those Affiliates comply with this Privacy Policy. We may also disclose your personal data to any actual or potential successor-in-interest of ours, such as a company that is seeking to acquire us, the website, or the business and activities carried on via the website.

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.

Maintenance and Processing of Information

Your personal data may be stored, transferred and process in and to the United States and in other countries by our affiliates and/or service providers. The data protection laws in these countries may provide a lower standard of protection for your personal data than your country of residence. We take great care in protecting your personal data and have put in place adequate mechanisms to protect it when it is transferred internationally. We will transfer your personal data in compliance with applicable data protection laws and will implement suitable safeguards to ensure that your personal data is adequately secured by any third party that will access your information (for instance, by using the Model Clauses as approved by the European Commission.

By using our Website and providing personal data to MBS, you consent to the terms of this Privacy Policy and the collection, use, maintenance, transfer to and processing of your personal data in the United States or other countries or territories, and, unless otherwise stated in this Privacy Policy, we use this consent as the legal basis for that data transfer.

If you have questions or wish to obtain more information about the international transfer of your personal data or the implemented safeguards, please send us an email to [email protected]

Security of Your Information

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.

Editing Your Personal Data

Once you have provided personal data 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 "Your 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.

Information Shared with MBS by Educational Institutions

In some circumstance MBS has agreed to provide services to educational institutions including, among other services, making available books and other course materials to those educational institutions' students. In such circumstances, the educational institution may provide MBS with information about you (for example, your student e-mail address) so that we may send you news and information about our company, products, or services. The information provided by an educational institution is not covered by the terms of this Privacy Policy and is instead governed by the terms of the agreement between MBS and the educational institution.

Collection of Information from Children

We do not provide products and services to children. We do not knowingly collect or solicit information from children under the age of 16.

Changes to the Privacy Policy

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 data will only affect the information we collect after the effective date of the change to our policy, unless we obtain your consent otherwise.

Region/Country Specific Disclosures

Your California Privacy Rights

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

If you are located in the European Economic Area (EEA):

  1. Controller of your Personal Data

    The controller of your personal data under this Privacy Policy is MBS Textbook Exchange, LLC, with an address of 2711 West Ash Street, Columbia, Missouri 65203.

  2. Legal Bases for Using Personal Data

    We process your personal data only if we have a legal basis to do so, including:

    1. to comply with our legal and regulatory obligations;
    2. for the performance of our contract with you or to take steps at your request before entering into a contract;
    3. for our legitimate interests or those of a third party;
    4. where you have given consent to our specific use.

    The purpose for which we use and process your information and the legal basis on which we carry out each type of processing is further explained below.

    Purposes for which we will process the information Legal Basis for the processing
    To deliver services to users and process transactions. It is necessary for us to process your personal data in order to deliver the services and process transactions according to the applicable contract between us.
    To send communications to you about our products, services, promotions, offers, news, and events. We will send electronic communications (such as emails and SMS messages) to you if you have consented to these communications. With respect to other communications, it is in our legitimate interest to communicate to you about our products, services, promotions, offers, news, and events. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
    To determine how you found out about us. It is in our legitimate interest to understand how our customers find our Website and/or our services. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
    To serve advertising, content and offers to you based on your interests and online activities, from us or third parties. We will serve you advertising, content and offers to you based on your interests and online activities if you have consented to this processing.
    To enable our service providers to perform certain activities on our behalf; It is necessary for us to process your personal data in this manner in order to deliver the services and process transactions according to the applicable contract between us. It is also in our legitimate interest to enable our service providers to perform certain activities on our behalf. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
    To notify you of any changes to the Website that may affect you. It is necessary for us to process your personal data in order to deliver the services and process transactions according to the applicable contract between us.
    To contact you or to respond to your communications, including to provide you with products and information you request. It is necessary for us to process your personal data in order to communicate with you.
    To improve our Website, shopping experience, and quality of service. It is in our legitimate interest to improve our Website, shopping experience, and quality of service. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
    • To administer our Website including troubleshooting, data analysis, testing, research, statistical and survey purposes; and
    • To improve our Website to ensure that consent is presented in the most effective manner for you and your computer, Device or other item of hardware through which you access the Website.
    For all these categories, it is in our legitimate interest to continually monitor and improve our services and your experience of the Website and to ensure network security. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
    • To keep our Website safe and secure and to prevent detect fraud and abuse; and
    • To comply with our legal obligations, policies, and procedures
    We conduct this processing to comply with our legal obligations and to protect the public interest.
    To process otherwise for internal administrative and analytics purposes. It is in our legitimate interest to process your personal data for internal administrative or analytics purposes. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
  3. International Transfers

    Some of our processing of your data will involve transferring your data outside the European Economic Area ("EEA"). Some of our external third party service providers are also based outside of the EEA, and their processing of your personal data will involve a transfer of data outside the EEA. This includes the United States. Where personal data is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for personal data, we take steps to provide appropriate safeguards to protect your personal data, including entering into standard contractual clauses approved by the European Commission, obliging recipients to protect your personal data.

  4. Retention of Personal Data

    MBS will retain your personal data for as long as necessary for the purposes it was retained, such as to enable you to use the Website and your products or to provide services to you. In some instances, we may retain data for longer periods in order to comply with applicable laws (including those regarding document retention), resolve disputes with any parties, and otherwise as necessary to allow us to conduct our business. All personal data we retain will be subject to this Privacy Policy and our internal retention guidelines.

  5. Data Subject Access Rights

    You have the following rights:

    • Right of access to your personal data: You have the right to ask us for confirmation on whether we are processing your personal data, and access to the personal data and related information.
    • Right to correction: You have the right to have your personal data corrected, as permitted by law.
    • Right to erasure: You have the right to ask us to delete your personal data, as permitted by law.
    • Right to withdraw consent: You have the right to withdraw consent that you have provided.
    • Right to lodge a complaint with a supervisory authority: You have the right to lodge a complaint with a supervisory authority in the member state of your habitual residence.
    • Right to restriction of processing: You have the right to request the limiting of our processing under limited circumstances.
    • Right to data portability: You have the right to receive the personal data that you have provided to us, in a structured, commonly used and machine-readable format, and you have the right to transmit that information to another controller, including to have it transmitted directly, where technically feasible.
    • Right to object: You have the right to object to our processing of your personal data, as permitted by law, under limited circumstances.

    In order to exercise any of these rights, please contact us according to the "Contacting Us" section herein. Please note that the above rights are not absolute and we may be entitled to refuse requests, wholly or partly, where exceptions under the applicable law apply.

Contacting Us

If you have any questions or comments concerning this Privacy Policy, please contact MBS Customer Service at (800) 325-3252 or at [email protected]

Cookies Disclosure

Provider Name of cookie/identifier Purpose Type Duration
Google Analytics _ga Distinguish users. Persistent 2 years
Google Analytics _gads Throttle request rate and distinguish users of the site. Persistent 24 hours
Adobe Analytics s_fid Distinguish users. Persistent 5 years
Adobe Analytics s_sq Store information about the previous link clicked within the site. Persistent 2 years
Adobe Analytics s_vi Distinguish users. Persistent 2 years
Google Ads NID To remember your preferences and other information. Session  
Google Ads IDE Store information about your preferences and visits to our site, and to allow us to customise our site and to provide you with offers that are targeted at your individual interests. Session  
Google Ads DSID Store information about your preferences and visits to our site, and to allow us to customise our site and to provide you with offers that are targeted at your individual interests. Session  

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