Terms of Service

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"). The TOS govern your use of the services we make available on this Site and our other websites ("Services"). By accessing or using this Site, you agree that you have read, understand and agree to be bound by these TOS and 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 OR DO NOT COMPLY WITH THE TOS AND THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THIS SITE OR ANY OTHER MBS WEBSITE OR RELATED SERVICE.
    2. MBS Location; Contact Information.

      MBS is based at 2711 West Ash Street, Columbia, MO 65203.
    3. Modifications of the TOS, Site and Services.

      If we modify these TOS in a material way and you have an account with us, we will provide you with notice of the modifications via email. We will also post any modified version of these TOS on the Site. If you have an account with us, you will be required to accept the modified TOS to continue to use the Services. If you do not have an account with us, your continued use of this Site following the posting of a modified version of the TOS will mean you accept that modified version. If the modified TOS are not acceptable to you, your only option is to stop using the Site and the Services. We may also modify or terminate your access to the Services, or terminate the Site and any Services in part or as a whole, at any time, for any or no reason, and without notice or liability to you, any other user, or any third party, provided that we will fulfill our obligations to you related to any order outstanding at the time of termination, unless we are terminating your access based on your breach of the TOS. The Privacy Policy may be modified in accordance with its terms.
    4. Eligibility.

      To use the Site, you must be, and represent and warrant that you are, of legal age (18 years and over) 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.
  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 will promptly update such information to keep it true, current, complete and accurate. We may remove or reclaim your username if we believe 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. 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.
    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 vb@mbsdirect.net. 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, without 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.
  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.
    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," 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.

    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 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.

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  7. LIMITATION OF LIABILITY.

    IN NO EVENT 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.

    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.

  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 will survive these TOS and your use of the Site.

  9. MISCELLANEOUS.

    1. Termination; Survival.

      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. Governing Law; Arbitration.

      Your use of the Site is governed by the laws of the State of Missouri, USA, without regard to choice of law provisions, except to the extent that federal law applies. 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 claims arising out of, relating to or connected with these TOS or the Privacy Policy 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. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

      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.

      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. If 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 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, third-party content or third-party software. 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. 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.
    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.

      We may deliver notice to you by means of e-mail, a general notice on the Site, or by other method we choose. If you give notice to us, you must use the address listed above.
    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: August 15, 2014

Privacy Policy

Privacy Policy

Effective Date: October 29, 2013

This Privacy Policy describes and governs the information collection, use and sharing practices of MBS Direct, LLC ("MBS") with respect to this website.

  1. Definitions

    1. We, our and us means MBS, the operator of this website.
    2. You and your means you, the person visiting this website.
    3. Personal information means the following information about you that we collect: name, mailing address, billing address, e-mail address, telephone number, credit card information and any other information collected or stored in conjunction with your name. Personal information does not include aggregate information about our customers in which your identity cannot be discerned.
    4. 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).
  2. Collection and Use of Information

    1. The Purpose for Collecting and Use of Your Information. We 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 diagnose problems with our computer systems and administer our website, and to enhance your online experience, as described in greater detail below.
    2. The Sources from Which We Collect Information and Use of Such Information.
    3. 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, e-mail us or call us.
    4. Collection from Educational Institutions. In some situations 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 situations, the educational institution may provide MBS with personal information about you (for example, your student e-mail address) so that we can send you news and information about our company, products or services.
    5. Automatic Collection. We automatically receive certain types of information whenever you interact with us through our website. For example, when you visit the site, our systems, or those of our service providers, may automatically recognize your IP address(es), 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, such as 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. Furthermore, some mobile device providers operate or offer systems that can pinpoint the physical location of a device that uses the provider's service. Depending on the provider, we or our third-party service providers may receive this location 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.
      • 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.
      We may use the information described above to operate the website and to provide general statistics regarding the use of the website, to analyze and develop our business strategy and to determine how you found out about us, your interests regarding our products and services and how to improve our website or in creating marketing programs for you and others. To accomplish all this, and also to allow us to offer our customers streamlined ordering and other useful features, we, as do many websites, 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 certain of your personal information.
    6. 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.
  3. 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.

  4. MBS's Ability to Share your Personal Information

    1. Generally. We do not rent, sell or share personal information about you with other people or companies except in the situations described below.
    2. 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. HOWEVER, A CONTRACTOR PROVIDING A SERVICE DIRECTLY TO YOU THROUGH OUR WEBSITE MAY COLLECT PERSONAL INFORMATION AND OTHER INFORMATION DIRECTLY FROM YOU. SUCH CONTRACTOR MAY HAVE ITS OWN TERMS OF SERVICE AND PRIVACY POLICY, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTS OR OMISSIONS OF SUCH CONTRACTOR.
    3. 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.
    4. 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.
    5. 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 obligation. 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.
    6. 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.
    7. 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.
    8. 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.
    9. Sharing with Affiliates and Successors. We may share personal information 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 information 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.
    10. 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.
  5. Security of Your Information

    1. We have reasonable and appropriate physical, electronic and procedural security safeguards to protect and secure the information we collect. Nonetheless, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot guarantee the security of any information you transmit to or from our website, and you do so at your own risk.
    2. Our website uses Secure Sockets Layer (SSL), a protocol used to encrypt data during transmission over the Internet. SSL technology is the industry standard for secure online transactions.
    3. ALTHOUGH WE WILL TAKE REASONABLE SECURITY PRECAUTIONS TO PROTECT THE PERSONAL INFORMATION COLLECTED FROM AND STORED ON THE SITE, BECAUSE OF THE OPEN NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT PERSONAL INFORMATION STORED ON OUR SERVERS, TRANSMITTED TO OR FROM A USER, OR OTHERWISE IN OUR CARE WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. ACCORDINGLY, WE DISCLAIM ANY LIABILITY FOR ANY THEFT OR LOSS OF, UNAUTHORIZED ACCESS OR DAMAGE TO, OR INTERCEPTION OF ANY DATA OR COMMUNICATIONS. BY USING THE WEBSITE, YOU ASSUME THESE RISKS.
  6. Unauthorized Access of Your Information

    In the event that your personal information is accessed by an unauthorized individual, we will conduct an investigation to determine if there is a reasonable possibility that personal information has been, or will be, misused. In the event that we determine that misuse is reasonably possible, we will notify you of the unauthorized access unless a law enforcement agency believes that such notification may interfere with a criminal investigation. Notification of such an event may be given to you by e-mail, writing or telephone.

  7. Editing Your Personal information

    Once you have provided personal information to us, we may store and maintain that information indefinitely. You may review and edit certain profile 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.

  8. Collection of Information from Children

    We do not direct this website at children; we direct the website to adults that may purchase children's books and other materials. We do not seek information from children.

  9. International Users

    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. For example, if you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. If you object to your personal information being transferred or used in this manner, please do not register with or use the website.

  10. Other Websites

    Our website, or our e-mails, may link to non-MBS websites. It is also possible that non-MBS websites or e-mails may link to our website. We are not responsible for the content or the privacy practices employed by any third-party websites. We encourage you to read the privacy policies of these websites before transmitting any personal information.

  11. Do Not Track Signals

    Some web browsers and devices permit you to broadcast a preference that you not be "tracked" online. At this time we do not modify your experience based upon whether such a signal is broadcast.

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

  13. Questions or Comments

    If you have any questions or comments concerning this Privacy Policy, please contact MBS Customer Service at 800-325-3252.