Disclaimer

Moonstone uses diligent efforts to maintain the Moonstone Service, but Moonstone is not responsible for any defects or failures associated with the Moonstone Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Moonstone makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Moonstone Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the Moonstone Service may locate unintended and objectionable content.

THE MOONSTONE SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. MOONSTONE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION. MOONSTONE MAKES NO WARRANTY THAT THE MOONSTONE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MOONSTONE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MOONSTONE SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MOONSTONE SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM MOONSTONE PERSONNEL OR THROUGH THE MOONSTONE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVICED FOR IN THESE TERMS OF SERVICE.

Disclaimer Regarding Financial Information

The Moonstone Service may allow you to obtain information on companies, stock prices, bonds, and other investments or financial matters. The Moonstone Service, including all such financial information, is provided for informational purposes only, and no information you may obtain is intended by Moonstone to be used for trading or investing purposes. Moonstone shall not be responsible for the accuracy, usefulness or availability of any information transmitted via the Moonstone Service, and shall not be liable for any trading or investment decisions made based on such information.

Disclaimer Regarding Shopping Retailers

The Moonstone Service provides shopping services to help you locate and potentially purchase products from online and offline retailers. Moonstone does not, however, control these independent retailers and Moonstone does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by Moonstone you acknowledge and agree that: Moonstone does not endorse any of the products or services ("Merchandise") linked to from or through the Moonstone Service, nor has Moonstone taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Moonstone or their own web sites. Moonstone expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. We advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOONSTONE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOONSTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MOONSTONE SERVICE AND/OR PARTICIPATE IN A MOONSTONE SWEEPSTAKES ; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MOONSTONE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MOONSTONE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE MOONSTONE SERVICE OR OPERATION OF A MOONSTONE SWEEPSTAKES. IN NO EVENT SHALL MOONSTONE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indentification

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS MOONSTONE, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY MOONSTONE OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and modification

You agree that Moonstone, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Moonstone Service, and remove and discard any Content within the Moonstone Service, for any reason, including, without limitation, for lack of use or if Moonstone believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Moonstone may also, in its sole discretion and at any time, discontinue providing the Moonstone Service, or any part thereof, with or without notice. You agree that any termination of your access to the Moonstone Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Moonstone may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Moonstone Service. Further, you agree that Moonstone shall not be liable to you or any third-party for any termination of your access to the Moonstone Service.

Governing Law and Other Miscellaneous Terms

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the City and County of San Francisco in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Moonstone relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of Moonstone's successors, assigns and licensees.

COPYRIGHT AND COPYRIGHT NOTICES

Moonstone respects the intellectual property of others, and we ask our users to do the same. Moonstone may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Moonstone's Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• Please contact Moonstone Copyright Agent for Notice of claims of copyright infringement:
  Registered Copyright Agent
  Moonstone Interactive, Inc.
  520 Kelly Avenue, 2nd Floor,
  Half Moon Bay, CA 94019
  Phone: 650-712-8305
  copyright@msinteractive.com