Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website operated by MBI Direct Mail + Digital, Inc. (“MBI,” “we,” “us,” or “our”), located at 710 W New Hampshire Ave, DeLand, Florida 32720, including its pages, content, forms, Careers pages, features and functionality (collectively, the “Site”).

By accessing or using the Site, you acknowledge that you have read and agree to these Terms. If you do not agree, do not use the Site.

1. Website Only — Customer Work Is Governed Separately

The Site provides general information about MBI and the products and services we may offer. Nothing on the Site constitutes a binding offer, proposal, quotation, guarantee or commitment by MBI to provide any product or service.

Printing, mailing, data, digital marketing, creative, fulfillment and other services performed by MBI are governed by the applicable written quotation, estimate, order, statement of work, service agreement or other written agreement between MBI and the customer (“Customer Agreement”).

If these Terms conflict with a Customer Agreement, the Customer Agreement controls with respect to the products or services covered by that Customer Agreement.

Information submitted through a contact form, quote-request form or other Site feature does not create a Customer Agreement, require MBI to accept work, reserve production capacity, establish pricing or obligate MBI to perform services.

2. Informational Purposes Only

Content on the Site, including guides, articles, FAQs, industry information, postal information, marketing information, examples and other resources, is provided for general informational purposes only.

Although MBI seeks to provide useful and accurate information, laws, regulations, postal requirements, carrier requirements, advertising rules, platform policies, technology and industry practices may change without notice. MBI does not represent or warrant that Site content is complete, current, accurate or appropriate for any particular campaign, transaction or purpose.

Nothing on the Site constitutes legal, tax, accounting, financial, regulatory, postal, compliance or other professional advice. You should consult the appropriate professional or governmental authority regarding requirements applicable to your particular circumstances.

Customers and Site users remain responsible for determining whether their campaigns, offers, advertisements, content, mailing lists, data practices and other activities comply with applicable laws, regulations, postal requirements, industry requirements and third-party platform policies.

Where MBI provides mailing lists, data, creative services or another component of a campaign, the applicable Customer Agreement governs the parties’ respective responsibilities.

3. No Guaranteed Results

Marketing and advertising results depend on numerous factors outside MBI’s control.

MBI does not guarantee any response rate, lead volume, registration level, attendance, appointment rate, conversion rate, deliverability, inbox placement, postal delivery date, sales volume, revenue, profitability, return on investment or other business or campaign result.

Case studies, testimonials, examples, historical performance, sample campaigns, projected results, estimates, illustrations, screenshots, mockups and other examples are provided for informational or illustrative purposes only and do not constitute a representation, warranty or guarantee of future performance.

4. Postal, Delivery and Third-Party Services

MBI is not the United States Postal Service (“USPS”) or any other postal, shipping, telecommunications, advertising, social media, search, email, technology or delivery provider.

Delivery times, postal acceptance, postal rates, mail processing, transportation, scanning, tracking, placement, platform availability, email delivery and other services performed or controlled by third parties may be affected by circumstances outside MBI’s control.

To the fullest extent permitted by law, MBI is not responsible for delays, interruptions, failures, changes, errors or losses caused by USPS, shipping carriers, internet service providers, advertising platforms, email providers, telecommunications providers, hosting providers, software providers or other third parties.

Any specific obligations MBI assumes concerning such services are governed exclusively by the applicable Customer Agreement.

5. Intellectual Property

Unless otherwise indicated, the Site and its content, including text, copy, graphics, designs, layouts, photographs, images, videos, software, source code, databases, logos, trademarks, service marks and other materials, are owned by MBI, licensed to MBI or used with permission and are protected by applicable intellectual-property laws.

You may view the Site for legitimate personal or business informational purposes. Except as expressly permitted by applicable law or authorized by MBI in writing, you may not copy, reproduce, republish, modify, distribute, sell, license, display, transmit, scrape, extract, create derivative works from or commercially exploit any portion of the Site.

You may not use MBI’s name, trademarks, logos, trade dress or other branding in a manner that suggests sponsorship, endorsement, affiliation or approval without MBI’s prior written permission.

USPS®, United States Postal Service®, Every Door Direct Mail® and EDDM® are trademarks of the United States Postal Service. Facebook®, Instagram® and Meta® are trademarks of Meta Platforms, Inc. Google® is a trademark of Google LLC. Other names, trademarks and logos appearing on the Site are the property of their respective owners.

Open-source software, fonts and other third-party materials may be subject to separate license terms identified in our Third-Party Notices.

6. Acceptable Use

You may use the Site only for lawful purposes.

You may not:

• attempt to gain unauthorized access to the Site, servers, systems, accounts, databases or networks;
• probe, scan, test or circumvent Site security or authentication measures without MBI’s written authorization;
• introduce malware, viruses, malicious code or other harmful technology;
• interfere with, disable, overload or disrupt the Site or its infrastructure;
• use automated systems, bots, crawlers, scrapers or similar technology to extract Site content or data except as expressly authorized by MBI or permitted by applicable law;
• impersonate another person or organization;
• submit false, fraudulent, misleading, defamatory, unlawful or malicious information;
• use the Site to infringe intellectual-property, privacy, publicity or other rights;
• use information obtained from the Site for unlawful solicitation, spam, fraud or other unlawful activity; or
• attempt to assist another person in doing any of the foregoing.

MBI may restrict, suspend or terminate access to the Site when we reasonably believe these Terms have been violated or access presents a security, operational or legal risk.

7. Information You Submit

When you submit information through the Site, you represent that you have the right and authority to provide that information and that, to the best of your knowledge, the information is accurate and does not violate another person’s rights.

Information submitted through the Site may be used to respond to your request, communicate with you, provide or evaluate requested products or services, administer Site functionality, maintain business records, protect MBI’s rights and systems, prevent fraud or misuse, comply with legal obligations, and for other purposes described in MBI’s Privacy Policy or other applicable notice.

Do not submit confidential, proprietary, sensitive, financial, medical or regulated information through a general Site form unless the form specifically requests that information or MBI has instructed you to provide it through that method.

Personal information submitted through the Site is handled as described in MBI’s Privacy Policy and, where applicable, other notices presented at the point of collection.

Submitting information through the Site does not by itself create a confidential, fiduciary, agency, professional, contractual or other special relationship with MBI.

8. Careers, Employment Applications and Applicant Information

MBI may provide Careers pages, job listings, talent-network features, employment applications or other recruiting functionality through the Site.

Information We May Collect

When you apply for employment, join a talent network or otherwise communicate with MBI regarding employment, MBI may collect information you voluntarily provide or that is otherwise obtained as part of the recruiting process, including:

• name and contact information;
• address or general location;
• resume or curriculum vitae;
• employment history;
• education and training;
• licenses, certifications and professional qualifications;
• skills and experience;
• job preferences and availability;
• application responses;
• compensation expectations, where requested and legally permitted;
• references and information provided by references;
• communications with MBI regarding your application;
• interview information and recruiting notes;
• information necessary to determine eligibility to work;
• information necessary to administer lawful pre-employment screening, where applicable; and
• other information you voluntarily provide during the recruiting or hiring process.

MBI may collect additional information later in the hiring process where reasonably necessary or legally required.

How Applicant Information May Be Used

Applicant information may be collected, used, maintained and otherwise processed for legitimate recruiting, human-resources, employment, security, recordkeeping and legal purposes, including:

• evaluating qualifications and suitability for employment opportunities;
• reviewing and processing applications;
• communicating with applicants;
• scheduling and conducting interviews;
• verifying information provided during the hiring process;
• contacting references;
• conducting lawful background checks, drug testing or other pre-employment screening when applicable and separately authorized where required;
• determining eligibility for employment;
• maintaining recruiting and hiring records;
• protecting MBI, its employees, customers, systems and property;
• establishing, exercising or defending legal rights;
• complying with applicable laws, regulations, governmental requests, subpoenas or other legal obligations; and
• considering applicants for other current or future employment opportunities.

MBI may retain applicant information for a period reasonably necessary for recruiting, recordkeeping, compliance, dispute resolution, consideration for future employment opportunities and other legitimate business purposes, subject to applicable law.

Who May Receive Applicant Information

Applicant information may be accessed or disclosed, as reasonably necessary and subject to applicable law, to:

• MBI employees and representatives involved in recruiting, human resources, management or hiring decisions;
• service providers that support MBI’s recruiting, human-resources, information-technology, communications, hosting or other business functions;
• background-screening, testing or verification providers when applicable and appropriately authorized;
• professional advisers, insurers, auditors or legal counsel where appropriate;
• governmental authorities or other parties when disclosure is required or permitted by law; and
• other parties when reasonably necessary to protect MBI’s legal rights, employees, customers, systems or property.

Third-party service providers may process applicant information according to their agreements with MBI and applicable law.

Sensitive Information

Applicants should not include Social Security numbers, bank or financial-account information, medical information, passwords, copies of identification documents or other unnecessary sensitive personal information in a resume, cover letter or general employment application unless MBI specifically requests the information through an appropriate process.

If MBI requires sensitive information later in the hiring process, MBI may request it separately through an appropriate method.

No Promise of Employment

A job posting, application, interview, communication with MBI or submission of employment information does not constitute an offer, promise or guarantee of employment.

MBI may modify, suspend, close, fill or withdraw a job opening at any time, subject to applicable law.

Submission of an application does not guarantee that an applicant will receive an interview, be considered for a particular position or receive an offer of employment.

Nothing on the Site alters the nature of any employment relationship ultimately established between MBI and an employee or creates contractual employment rights.

Applicant information is also subject to MBI’s Privacy Policy presented in connection with the application process.

9. Accuracy of Applicant Information

By submitting an employment application or other recruiting information, you represent that the information you provide is accurate and complete to the best of your knowledge and that you are authorized to provide it.

You agree not to knowingly provide materially false or misleading information, impersonate another person, submit information about another person without appropriate authorization, or submit fraudulent credentials or documents.

MBI may verify information submitted during the recruiting process to the extent permitted by applicable law.

Nothing in this section limits any rights an applicant may have under applicable employment, background-screening, privacy or other laws.

10. Security and Protection of Information

MBI uses administrative, technical and physical safeguards that MBI considers reasonable and appropriate to protect personal information under its control, taking into account the nature of the information and applicable legal requirements.

However, no website, network, storage system, electronic communication or method of transmitting information over the Internet can be guaranteed to be completely secure, error-free or continuously available.

Accordingly, to the fullest extent permitted by applicable law, MBI does not guarantee absolute security of information transmitted to or through the Site.

Users are responsible for exercising reasonable care when transmitting information electronically and should not submit sensitive information through a method that MBI has not designated for that purpose.

Nothing in these Terms limits any obligation MBI has under applicable privacy, data-security or breach-notification law.

11. Third-Party Websites, Recruiting Platforms, Services and Content

The Site may contain links to or integrations with websites, recruiting systems, job boards, applications, platforms, services or content operated by third parties.

MBI may use third-party service providers to host, process, transmit or manage information submitted through the Site, including applicant information.

MBI does not control independent third-party websites or services and is not responsible for their content, availability or independent privacy or security practices.

Your direct use of a third-party website or service may also be governed by that third party’s terms and privacy policy.

A link or integration does not necessarily constitute MBI’s endorsement, sponsorship or approval of a third party or its products or services.

12. Accessibility

MBI is committed to making its website accessible to users with disabilities and works to improve the accessibility and usability of the Site.

MBI uses the Web Content Accessibility Guidelines (“WCAG”) 2.2 Level AA as an accessibility objective and uses a combination of automated and manual testing methods as part of its accessibility efforts. Because websites, browsers, assistive technologies and content change over time, MBI does not represent that every page or feature will be accessible in every circumstance or with every combination of technology.

If you experience difficulty accessing information, applying for employment or using functionality on the Site, please call 800-359-4780 or use our Contact Page. We will work with you to provide information or functionality through an accessible alternative where reasonably practicable and to address accessibility issues brought to our attention.

13. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, INFORMATION, MATERIALS AND FUNCTIONALITY AVAILABLE THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

MBI DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND SECURITY.

MBI does not warrant that the Site will be uninterrupted, error-free, secure, current or free from harmful components or that errors or defects will be corrected.

Some jurisdictions may not permit certain warranty exclusions. In that event, these exclusions apply only to the maximum extent permitted by applicable law.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MBI AND ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA OR USE, ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MBI AND THE OTHER MBI PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT, IF ANY, YOU PAID MBI SPECIFICALLY FOR ACCESS TO THE SITE DURING THE SIX MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

These limitations apply only to the extent permitted by applicable law.

These Terms do not waive, restrict or eliminate rights or remedies that cannot legally be waived, restricted or eliminated, including any rights an applicant or employee may have under applicable employment, discrimination, privacy, data-security or other law.

Liability relating to products or services provided under a Customer Agreement is governed by that Customer Agreement.

15. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MBI and its affiliates, shareholders, directors, officers, employees, agents, representatives, contractors, licensors and service providers from and against claims, demands, actions, proceedings, liabilities, damages, judgments, losses, penalties, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to:

1. your unlawful or unauthorized misuse of the Site;
2. your material violation of these Terms;
3. information or materials you submit through the Site in violation of law or another person’s rights;
4. your violation of applicable law; or
5. your infringement or violation of another person’s intellectual-property, privacy or other legal rights.

MBI reserves the right, to the extent permitted by law, to control the defense and settlement of any matter subject to indemnification, and you agree to reasonably cooperate with that defense.

This section is not intended to require an employment applicant or employee to indemnify MBI for exercising rights protected by applicable employment, labor, discrimination, whistleblower, privacy or other law.

16. Site Availability and Changes

MBI may modify, suspend, restrict or discontinue any portion of the Site at any time.

We do not guarantee that any particular content, job posting, feature or functionality will remain available.

To the fullest extent permitted by law, MBI is not liable for interruptions, outages, maintenance, technical problems, cybersecurity incidents, third-party failures, events beyond its reasonable control or the modification or discontinuation of Site functionality.

17. No Special Relationship

Except for a relationship separately established by a written agreement or by applicable law, nothing in these Terms, your use of the Site or communications initiated through the Site creates a partnership, joint venture, employment, franchise, agency, fiduciary, advisory, professional or other special relationship between you and MBI.

Submission of an employment application does not establish an employment relationship.

No person using the Site has authority to bind MBI unless expressly authorized by MBI.

18. Compliance With Law

Nothing in these Terms is intended to waive, restrict or eliminate any right or obligation that cannot lawfully be waived, restricted or eliminated.

If a provision of these Terms conflicts with a mandatory requirement of applicable law, the applicable legal requirement controls to the extent of the conflict.

19. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Site or these Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.

To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to the Site or these Terms will be brought exclusively in the state courts located in Volusia County, Florida, or, where federal jurisdiction exists, the applicable United States District Court serving Volusia County, Florida, and the parties consent to the personal jurisdiction and venue of those courts.

This provision does not prevent an individual from filing a claim with a governmental agency or exercising another right to select a forum where applicable law provides that the right cannot be waived or restricted.

20. Changes to These Terms

MBI may revise these Terms from time to time.

When we do, we will post the revised Terms on the Site and update the effective date.

Unless otherwise required by applicable law, revised Terms become effective when posted and apply prospectively to use of the Site after their effective date.

Your continued use of the Site after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

21. Severability; Waiver; Assignment; Entire Agreement

If any provision of these Terms is determined to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

MBI’s failure to enforce any provision of these Terms does not waive that provision or MBI’s right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without MBI’s prior written consent. MBI may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets or other business transaction, or as otherwise permitted by law.

These Terms, together with the Privacy Policy and other policies or notices expressly incorporated by reference, constitute the agreement between you and MBI concerning your use of the Site.

A Customer Agreement remains separate from these Terms and controls the products and services covered by that Customer Agreement.

Employment-related rights and obligations established by applicable law or by a separate written agreement are not modified by these Terms unless expressly stated and legally permissible.

22. Survival

Provisions that by their nature should survive termination or cessation of Site use, including provisions concerning intellectual property, disclaimers, limitations of liability, indemnification, governing law, venue and interpretation, will survive.

23. Contact Us

Questions regarding these Terms or the Site may be directed to: