Disclaimer of Warranties and Limitation of Liability

THE SITE IS PROVIDED ON AN "AS IS" BASIS. SKY 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.

SKY MAKES NO WARRANTY THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SKY 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 SKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (E) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU ARE SUBJECT TO THE LAWS OF THESE JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.

Governing Law

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of laws.

Severability

If any provision herein shall be found by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected but rather shall be enforced to the extent permitted by law so long as it still expresses the intent of the parties as expressed hereby.

Force Majeure

Sky will not be responsible for any loss or damage that was caused directly or indirectly, in whole or in part, by any act of God, war, civil disturbance, strike, natural calamity, flood, labor or material shortage, communications, computer, software, hardware, or equipment failure, act or omission of any utility, communications service, electrical outage or disturbance, or brown-out or black-out, common carrier, Internet or network access or backbone provider or information provider, delay in mails, delay or inaccuracy in the transmission of orders or information, governmental law, rule, or actions, or other cause beyond our control.