MOOSEJAW SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

8. System Outages
Moosejaw periodically schedules system downtime for maintenance and other purposes because we want the Site to be available for you as often as possible. In addition, unplanned system outages also may occur. We are sorry, but Moosejaw shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or nondelivery of information caused by such system outages. Also, we shall not have any responsibility for any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

9. Indemnification
You agree to indemnify, defend and hold Moosejaw and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys' fees) resulting from (i) your use, misuse or abuse of the Site, (ii) your use of products or services provided through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Moosejaw's defense of any claim. Moosejaw reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Moosejaw.

10. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (the "Content") is the property of Moosejaw and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Moosejaw.

You may not, and this Agreement does not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Moosejaw.

Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Moosejaw or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Moosejaw copyright.

11. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Moosejaw's policy regarding copyright infringement and Moosejaw's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

Moosejaw respects the intellectual property rights of others and requires those that visit our web site to do the same. Moosejaw may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site or its network that infringes upon the copyright rights of others. Moosejaw also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify Moosejaw's copyright agent by written notice. The notice should include the following information:

An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.