Terms of Use

1. INTRODUCTION

Welcome to www.mpbsonline.com (collectively, “MPBS Industries”). This Agreement applies to all of the websites where it is posted (collectively “www.mpbsonline.com”). By using one of the www.mpbsonline.com, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the www.mpbsonline.com and may be found at the place where the relevant service is offered.

We may change the terms of this Agreement from time to time. By continuing to use any of the www.mpbsonline.com after we post any such changes, you accept the Agreement, as modified.

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2. USE OF THE WWW.MPBSONLINE.COM

You certify that the information you provide on the www.mpbsonline.com is accurate and complete. If you believe someone has used your password or account without your authorization, you must notify MPBS Industries immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the www.mpbsonline.com, or any portion of the www.mpbsonline.com, at any time without notice.

MPBS Industries and its affiliates have no liability to you for content on the www.mpbsonline.com that you find offensive, indecent, or objectionable.

If you are under the age of majority in your jurisdiction, you may use the www.mpbsonline.com only with involvement of a parent or guardian.

You are prohibited from:

• Violating or attempting to violate the security of the www.mpbsonline.com;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the www.mpbsonline.com; or
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by MPBS Industries or other third party web browsers) to navigate or search the www.mpbsonline.com.

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3. CONTENT SUBMISSION

MPBS Industries allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the www.mpbsonline.com (“Content”). Content should be written in English.

By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent or legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.

A. License Grant for Submitted Content

If you make any submission to the www.mpbsonline.com, you automatically grant, or warrant that the owner of such content has expressly granted MPBS Industries, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. MPBS Industries may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. MPBS Industries is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant MPBS Industries the right to use the name that you submit in connection with any Content.

B. Prohibited Content

You represent and warrant that you will not submit the following Content:

1. Content that is false, inaccurate, or misleading;
2. Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
3. Content that violates any local, state, federal, or international laws;
4. Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
5. Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MPBS Industries in its sole discretion;
6. Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from MPBS Industries;
7. Chain letters or pyramid schemes;
8. Content that impersonates another business, person or entity, including MPBS Industries, its related entities, employees and agents;
9. Content that contains viruses or other harmful computer code;
10. Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
11. Content that you were compensated or granted any compensation by any third party unless otherwise authorized by MPBS Industries in writing; or
12. Content that violates any policy posted on the www.mpbsonline.com, or interferes with the use of the www.mpbsonline.com by others.

Although MPBS Industries cannot monitor all Content, you understand that MPBS Industries shall have the right, but not the obligation, to monitor the Content of the www.mpbsonline.com to determine compliance with this Agreement and any other operating rules that may be established by MPBS Industries from time to time. MPBS Industries shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the www.mpbsonline.com for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify MPBS Industries and its affiliates for all claims resulting from any Content you submit.

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4. THIRD PARTY SITES

References on www.mpbsonline.com to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. MPBS Industries is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a MPBS Industries Site is at your own risk and will be governed by such third party's terms and policies.

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5. ORDER ACCEPTANCE AND BILLING

All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. MPBS Industries may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and (ii) orders paid using the in-store “Cash” payment method.

MPBS Industries reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will notify the customer should such limits be applied. MPBS Industries also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from MPBS Industries for the purpose of engaging in a commercial sale of that same product(s) with a third party.

By purchasing a product from any of our Marketplace Retailers, you acknowledge that all Marketplace orders will be fulfilled by the third party Marketplace Retailer and not MPBS Industries. The Marketplace Retailer will be responsible for all processing, shipping, returns, and customer service related to your Marketplace order. Products purchased from a Marketplace Retailer can only be returned to that Marketplace Retailer in accordance with its return policy and cannot be returned to MPBS Industries stores or www.mpbsonline.com. Each Marketplace Retailer's shipping information, return policy, customer service information, and Marketplace Privacy Policy can be found on that Marketplace Retailer's Retailer Information page.

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6. PRICING INFORMATION

MPBS Industries cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the www.mpbsonline.com or through MPBS Industries Marketplace retailers. MPBS Industries reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from MPBS Industries. MPBS Industries may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the www.mpbsonline.com or from prices available in MPBS Industries stores or on MPBS Industries mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).

It is important to note the following: (i) our physical stores do not honor Internet prices or competitor advertisements from outside of a physical store’s local trade territory; and (ii) our www.mpbsonline.com e-commerce site does not price match with any other online or offline retailer.

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7. PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

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8. SHIPPING AND DELIVERY

Delivery of items purchased from the Www.mpbsonline.com to addresses outside the United States is limited. Some items also have restricted delivery within the United States. For delivery restrictions, please email us at contact@mpbsonline.com. Some items are available for pick up at a physical store location. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.

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9. INFORMATION PROVIDED ON THE WWW.MPBSONLINE.COM

MPBS Industries and our customers post a variety of material on the www.mpbsonline.com including without limitation, merchandise information, product descriptions, reviews, comments, and In Store Now information (collectively, “Materials”). The Materials that appear on the www.mpbsonline.com are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the www.mpbsonline.com, you should confirm any facts that are important to your decision. MPBS Industries and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the www.mpbsonline.com. MPBS Industries is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the www.mpbsonline.com may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return).

MPBS INDUSTRIES, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE WWW.MPBSONLINE.COM.

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10. EXPORT POLICY

You acknowledge that some goods licensed or sold on the www.mpbsonline.com are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the www.mpbsonline.com, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no MPBS Industries Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.

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11. INTELLECTUAL PROPERTY

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the "IP") are owned, controlled or licensed by MPBS Industries, one of its affiliates or by third parties who have licensed their materials to MPBS Industries and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the www.mpbsonline.com for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the www.mpbsonline.com or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the www.mpbsonline.com or any related software. All software used on the www.mpbsonline.com is the property of MPBS Industries or its suppliers and protected by U.S. and international copyright laws. The IP and software on the www.mpbsonline.com may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the www.mpbsonline.com is the exclusive property of MPBS Industries and is also protected by U.S. and international copyright laws.

MPBS Industries, the www.mpbsonline.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the www.mpbsonline.com are trademarks or trade dress of MPBS Industries in the U.S. and other countries. All other marks are the property of their respective companies.

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12. COLORS

We have made significant efforts to accurately display the colors of products that appear on the Www.mpbsonline.com. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.

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13. PRIVACY

You acknowledge that any personal information that you provide through the www.mpbsonline.com will be used by MPBS Industries in accordance with MPBS Industries’ Privacy Policy, the terms of which are incorporated here by this reference. If you purchase an item on www.mpbsonline.com sold by a Marketplace Retailer, MPBS Industries shares certain information with that Marketplace Retailer to permit the Marketplace Retailer to fulfill and ship your order, process returns, and provide customer service. MPBS Industries requires Marketplace Retailers to keep your information secure and use it only in accordance with the Marketplace Retailer's Marketplace Privacy Policy which can be found on that Marketplace Retailer's Retailer Information page.

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14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless MPBS Industries and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the www.mpbsonline.com or any breach by you of this Agreement.

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15. TERMINATION

This Agreement is effective unless and until terminated by either you or MPBS Industries. You may terminate this Agreement at any time, provided that you discontinue any further use of the www.mpbsonline.com. MPBS Industries also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the www.mpbsonline.com, if in MPBS Industries’ sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or MPBS Industries, you must promptly destroy all materials downloaded or otherwise obtained from the www.mpbsonline.com, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the www.mpbsonline.com,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the www.mpbsonline.com,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”

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16. DISCLAIMER

THIS SITE IS PROVIDED BY MPBS INDUSTRIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MPBS INDUSTRIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WWW.MPBSONLINE.COM OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WWW.MPBSONLINE.COM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MPBS INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, MPBS INDUSTRIES DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WWW.MPBSONLINE.COM. YOU ACKNOWLEDGE, BY YOUR USE OF THE WWW.MPBSONLINE.COM, THAT YOUR USE OF THE WWW.MPBSONLINE.COM IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

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17. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MPBS INDUSTRIES OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WWW.MPBSONLINE.COM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MPBS INDUSTRIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL MPBS INDUSTRIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WWW.MPBSONLINE.COM DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

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18. GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of MPBS Industries to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit MPBS Industries' rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Www.mpbsonline.com must be brought in the state or federal courts of California and you consent to the exclusive personal jurisdiction of such courts.

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19. PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the www.mpbsonline.com in a way that constitutes copyright infringement, please email us at contact@mpbsonline.com.