We are SkiOperator, a trading name of Lum AI Inc, a corporation incorporated in the State of Delaware, United States (EIN: 36-5160329) ("we", "us" or "SkiOperator"). We are based at 131 Continental Drive, Suite 305, Newark, DE 19713, United States.

To contact us, please email us at support@ski-operator.com or visit https://ski-operator.com/support. If a User has a complaint, please refer to paragraph 14 below.

These terms of service ("Terms") apply to all persons who access or use Ski Operator (the "Platform"), available at www.ski-operator.com (the "Website"), whether as a booker seeking to book services offered by Sellers on the Platform ("Booker") or as a Seller offering services to Bookers ("Seller"). We refer to Bookers and Sellers collectively as "Users" in these Terms.

By creating an Account on our Platform, the User confirms that they have read, understood, and agree to be bound by these Terms. If a User does not agree to these Terms, they must not use the Platform.

A Booker must be at least 18 years old or, if older, the age of majority in the territory in which they live. If a Booker is under 18 years old, they may not use the Platform.

A Seller must additionally agree to the Ski Operator Seller Additional Terms, as provided to Sellers during onboarding and updated from time to time (the "Seller Additional Terms"), as a condition of use of the Platform.

Capitalised words and expressions have specific meanings as defined in these Terms or in the Glossary at paragraph 21 below.

Ski Operator operates the Platform, which is an online intermediary marketplace that connects Bookers with independent third-party Sellers of winter sports and related services as listed on the Platform from time to time (which may include, without limitation, ski and snowboard instruction, accommodation, lift passes, transfers, and equipment hire) (together, the "Seller Services").

When a Booker requests a Booking through the Platform and the Seller accepts that Booking, a direct contract is formed between the Booker and the relevant Seller.

Ski Operator is not a party to contracts between Bookers and Sellers and Ski Operator does not own, manage, deliver, or control the Seller Services. Ski Operator acts solely as an intermediary and, for the avoidance of doubt, does not act as a travel agent, tour operator, organiser or retailer of package travel arrangements (under Directive (EU) 2015/2302 or any related legislation or otherwise), or as agent, distributor, reseller, or principal for any Seller or Booker, except that Ski Operator does facilitate payment collection through its third-party payment processor, Stripe, or such other payment processor as Ski Operator may use from time to time in accordance with the Seller Additional Terms.

Sellers may operate their own terms and conditions, cancellation policies, and other policies governing the provision of their Seller Services (together, "Seller Third-party Terms"). The following provisions apply in respect of the Seller Third-party Terms:

1. Availability. Sellers must make their Seller Third-party Terms available to Bookers on the Platform prior to the time that a Booking is confirmed, so that Bookers have a reasonable opportunity to review them before committing to a Booking.
2. Booker agreement. By confirming a Booking, a Booker agrees to the Seller Third-party Terms applicable to that Booking, in addition to these Terms.
3. Seller compliance. Sellers must ensure that their Seller Third-party Terms are compliant with the requirements of these Terms and the Seller Additional Terms at all times.
4. Conflict. To the extent of any conflict or inconsistency between these Terms and any Seller Third-party Terms, these Terms shall take precedence. The Seller Additional Terms shall take precedence over both these Terms and any Seller Third-party Terms to the extent of any conflict between them.
5. Breach. Any breach of Seller Third-party Terms by a User shall be deemed to be a material breach of these Terms.

Users must register an Account to access and use the main features of the Platform. Registration is only available to:

1. Bookers: must be private individuals aged 18 years or over who are acting as consumers in their private capacity (and not acting as a trader or otherwise on behalf of a business); and
2. Sellers: must be incorporated legal entities, companies, or partnerships, in each case acting in the course of a trade, business or profession, who are duly authorised to enter into legally binding agreements and who comply with our Seller Additional Terms and requirements in our Seller policies from time to time.

When registering, Users must provide accurate, current, and complete information. Users are responsible for keeping their Account information up to date at all times.

Users may not transfer their Account to any other person or entity without our prior written consent.

Users are solely responsible for maintaining the security and confidentiality of their Account credentials. Users must not share their login details with any third party. Users must take reasonable steps to protect their credentials from unauthorised access, including by using a strong and unique password.

Users must notify us immediately by contacting us using the details in paragraph 1 of these Terms if they suspect that their Account credentials have been lost, stolen, or that their Account has been accessed without their authorisation.

We reserve the right to verify a User's identity and Account information at any time, including by requesting supporting documentation. We may suspend or restrict the User's access to the Platform pending completion of any such verification.

Subject to the User's compliance with these Terms, Ski Operator grants the User a limited, personal, non-exclusive, non-transferable, and revocable licence to access and use the Ski Operator Services for their intended purposes only, being, if the User is a Booker, to search for and book Seller Services, and if the User is a Seller, to list and offer Seller Services to Bookers. This licence does not permit the User to use the Platform for any other purpose. We reserve the right to revoke this licence at any time in accordance with paragraph 13.

1. Bookers can search for Seller Services on the Platform using criteria such as the type of service, location, dates, number of participants, and price range. Bookers may also use filters to refine search results.
2. Search results are ranked by relevance to the Booker's search criteria and other factors, including price, availability, ratings and Booker demand.

1. To book a Seller Service, the Booker submits a Booking Request to the relevant Seller through the Platform, setting out the Booker's requirements, preferred dates, and number of participants. Submitting a Booking Request does not confirm a Booking or oblige the Seller to accept.
2. The Seller will respond to the Booking Request with their availability and pricing for the relevant Seller Service. The Booker will be notified of the Seller's response via email and through the Platform.
3. If the Booker wishes to proceed on the basis of the Seller's response, the Booker may confirm the Booking through the Platform. At the point of confirmation, the Booker agrees to pay the total amount set out in the Seller's response, including the price of the Seller Service and any applicable taxes (the "Price").
4. Upon confirmation, a contract for the relevant Seller Service (a "Booking") is formed directly between the Booker and the relevant Seller, and the Booker will receive a confirmation via email and through the Platform. The Booker is responsible for reading and understanding all terms applicable to the Booking, including the Seller's applicable terms and conditions, before confirming.

Any modification to a confirmed Booking must be agreed between the Booker and the Seller through the Platform and in accordance with any Seller Third-party Terms.

1. Prices for Seller Services are set by Sellers and provided to the Booker as part of their response to a Booking Request. Ski Operator does not set, control, or guarantee Sellers' pricing. The Price the Booker agrees to pay is the Price set out in the Seller's response at the time the Booker confirms the Booking.
2. When a Booker confirms a Booking, the Booker will be charged the Price for the relevant Seller Service as displayed at checkout. Ski Operator does not charge Bookers any platform service fee or booking fee. The Price is payable directly to the Seller's Stripe Connect Account using the Platform.
3. All payments are made in pounds sterling, euros, US dollars, or Swiss francs, as selected at checkout. If the Booker's payment card or Account is denominated in a different currency, the Booker's payment provider may apply a conversion rate and charge foreign exchange fees, for which Ski Operator accepts no responsibility.
4. Sellers are responsible for determining the VAT and any applicable sales tax treatment of their Seller Services and for ensuring that the Price they quote to the Booker is inclusive of VAT where applicable. Ski Operator accepts no responsibility for any VAT liability arising from a Seller's pricing or VAT treatment.

1. Payments are processed through Stripe, or such other payment processor as Ski Operator may use from time to time. By making a payment through the Platform, the Booker acknowledges and agrees that:
   1. If their payment is processed by Stripe Payments Europe Limited ("Stripe") on behalf of the Seller, this is in accordance with Stripe's terms and conditions, available at https://stripe.com/gb/legal/ssa;
   2. Ski Operator is not a payment service provider and does not collect, hold, or process payments on behalf of any Seller or Booker;
   3. their relationship with Stripe or other payment processors used by the Platform in connection with payment processing is separate from and independent of their relationship with Ski Operator; and
   4. Ski Operator is not responsible or liable for any acts, omissions, errors, or failures of Stripe or other payment processors in connection with the processing of their payment.
2. The Booker must ensure that the payment details they provide are accurate and that the Booker has sufficient funds or credit available to meet the Price at the time of confirming a Booking. If the Booker's payment fails, the Booking will not be confirmed.

1. Ski Operator grants the Seller the right to use the Platform to list and offer the Seller Services to Bookers. When a Booker confirms a Booking with the Seller, a direct contract is formed between the Seller and that Booker and the Seller is solely responsible for delivering the Seller Services in accordance with the Seller's listing, these Terms, and all applicable law.
2. The Seller's relationship with Ski Operator is that of an independent business, and not that of an employee, agent, partner, or joint venturer of Ski Operator. Ski Operator does not direct or control the delivery of the Seller Services. The Seller has full discretion as to the Seller Services the Seller offers, the prices the Seller charges, and the manner in which the Seller delivers them, subject always to these Terms and the Seller Additional Terms.

1. If a Booker wishes to cancel a Booking, the Booker may do so at any time through their Account on the Platform. The refund the Booker is entitled to will depend on how far in advance of the Seller Service the Booker cancels. If the Booking was confirmed within 7 days of the start of the first Seller Service, no refund is available if the Booker cancels. In all other cases, the Booker's refund entitlement is as follows:

1. Sellers are required to use all reasonable endeavours to honour confirmed Bookings and must not cancel a confirmed Booking other than in exceptional circumstances, including a force majeure event or a substantiated safety concern that makes delivery of the Seller Service impossible or unsafe.
2. If a Seller cancels a confirmed Booking for any reason other than a breach by the Booker of the Seller Third-party Terms or these Terms, the Booker will be entitled to a full refund of the Price. The Seller is responsible for processing that refund to the Booker's original payment method through the Seller's Stripe Connect Account within 7 calendar days of the cancellation. Ski Operator will notify both the Booker and the Seller via email and through the Platform of the cancellation and the Seller's refund obligation promptly upon being made aware of the cancellation.
3. Ski Operator does not process refunds on behalf of Sellers in the ordinary course of business and is not responsible for the payment of any refund arising from a Seller cancellation. If a Seller fails to process a refund they are required to make under paragraph 9.2(b) within the required timeframe, please notify us using the details in paragraph 1 of these Terms and we will take appropriate steps to assist with obtaining a refund in our sole discretion up to, and including refunding the Booker the Price ourselves.
4. Where a Seller cancels a Booking, we will use reasonable endeavours to assist the Booker in finding an alternative Seller offering an equivalent Seller Service, although we are under no obligation to do so.

By submitting any content to the Platform, including listing descriptions, photographs, reviews, testimonials and messages ("Content"), the User grants Ski Operator a non-exclusive, worldwide, royalty-free, sub-licensable licence to access, use, store, copy, display, distribute, and publish that Content for the purposes of operating, improving, and promoting the Platform, for the duration of the Intellectual Property Rights in the Content.

1. Users are solely responsible for their Content and warrant that they either own all the Intellectual Property Rights arising in that Content or are otherwise authorised to grant the licence described above.
2. Content submitted by Users must not: be unlawful or facilitate any unlawful activity; be false, misleading, defamatory, obscene, pornographic, sexually explicit, or contain gratuitous violence; be offensive, abusive, profane, or constitute hate speech, discrimination, harassment, or bullying on the basis of any protected characteristic; infringe the Intellectual Property Rights or privacy rights of any third party; contain personal data of any third party without their express consent; contain any virus or other harmful code; or advertise or promote third-party products or services without Ski Operator’s prior written consent.

Following completion of a Booking, Ski Operator may invite the Booker to submit a review or testimonial in respect of the Seller Service received and, where applicable, their experience of the Ski Operator platform. Any review or testimonial the Booker submits must reflect their genuine, first-hand experience, be accurate and not misleading, and comply with the Content standards set out in paragraph 10.2(b). The Booker must not submit a review in exchange for any payment or incentive, in respect of a Booking they did not make, or with the intention of causing unwarranted reputational harm. Sellers must not offer or solicit reviews from individuals who have not completed a Booking through the Platform.

We reserve the right to remove or disable access to any Content that we consider, in our reasonable discretion, to be in breach of these Terms, without prior notice to the relevant User.

All Users must comply with the following rules and must not assist or encourage others to breach them.

1. Do not misrepresent yourself, Seller Services, or any other person or entity.
2. Treat all other Users with respect and courtesy at all times.
3. Do not attempt to circumvent these Terms or any measures we take to enforce them, including by creating duplicate Accounts.
4. Do not discriminate against or harass other Users.

1. Do not use automated tools (including bots, crawlers, or scrapers) to access or extract data from the Platform without our express prior written consent.
2. Do not attempt to hack, circumvent, or impair the Platform or its security systems.
3. Do not take any action that could damage or adversely affect the performance or proper functioning of the Platform.
4. Do not introduce any viruses, malware, or other harmful code into the Platform or our systems.

1. Do not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Platform or any part of it.
2. Do not copy, reproduce, or adapt any part of the Platform's design, functionality, or features for the purpose of creating a competing or substitute product or service.
3. Do not frame or mirror any part of the Platform on any other website or application without our express prior written consent.
4. Do not attempt to access any part of the Platform or our systems other than through the interfaces we make available to Users.

1. Do not make or accept payments in connection with a Booking outside of the Platform's payment system.
2. Do not use another User's personal information for any purpose other than facilitating a Booking through the Platform, as authorised by these Terms.
3. Do not encourage or require Bookers to interact with you through a third-party platform or outside the Platform in connection with a Booking.
4. Do not engage in any practice designed to manipulate the Platform's search results or recommendation systems.
5. Do not book Seller Services unless you or an authorised participant genuinely intends to use them.
6. Do not exchange contact details with another User or otherwise communicate with them outside of the Platform's messaging system for the purpose of making, modifying, or cancelling a Booking or circumventing Ski Operator’s payment system.

1. Comply with all applicable laws in connection with the use of the Platform.
2. Do not use the Platform to engage in any fraudulent, deceptive, or unlawful activity.

To report a breach of these Terms or our platform standards, please contact us using the details in paragraph 1 of these Terms. Except as required by law, we are not obligated to take any particular action in response to any report.

Ski Operator takes the privacy and security of User's personal data seriously. Details of how we collect, use, store, and share Users' personal data when they use the Platform, and of Users' rights in relation to that data, are set out in our Privacy Policy, available at https://ski-operator.com/privacy

By creating an Account on the Platform, each User acknowledges that they have read and understood our Privacy Policy. We recommend that Users review it carefully before using the Platform, and check it periodically as we may update it from time to time. We will notify Users of any material changes to our Privacy Policy in accordance with the notice provisions set out in our Privacy Policy.

Where a User shares personal data relating to other individuals with us, for example, the details of other participants in a Booking, that User is responsible for ensuring that they are entitled to share that data with us and that those individuals are aware of and have been directed to our Privacy Policy.

These Terms remain in force between the User and Ski Operator until their Account is terminated by either the User or Ski Operator in accordance with this paragraph 13.

1. A User may terminate their Account at any time by contacting us using the details in paragraph 1 of these Terms.
2. If a User chooses to terminate their Account, any confirmed Bookings will be cancelled and the consequences set out in paragraph 13.7 shall apply.

1. We may terminate a User's Account by giving the User at least 30 calendar days' written notice via email or through the Platform.
2. We may terminate a User's Account immediately and without prior notice where:
   1. the User has committed a serious breach of these Terms or any additional terms applicable to the User, and either it is not possible to remedy that breach, or it is possible to remedy the breach and we have asked the User to do so, but the breach has not been remedied within 14 calendar days of our notifying the User of the breach;
   2. the User has repeatedly breached these Terms;
   3. the User has breached applicable law;
   4. we reasonably consider that immediate termination is necessary to protect the safety of other Users, third parties, or the integrity of the Platform; or
   5. the User's Account has been inactive for more than two years, provided that we have given the User at least 30 calendar days' prior written notice of our intention to terminate on this basis and the User has not logged into their Account during that notice period.

1. For the reasons given above in paragraph 13.3(b), as an alternative or in addition to terminating a User's Account, we may:
   1. suspend or restrict their access to the Platform or their Account;
   2. remove, disable, or restrict the visibility of any listing, review, or other Content; or
   3. cancel pending or confirmed Bookings.

1. Sellers. Where the Seller's Account is terminated for any reason, any confirmed Bookings will be cancelled and we will notify affected Bookers of the cancellation via email and through the Platform. The Seller will be required to process a full refund of the Price to each affected Booker through their Stripe Connect Account within 14 calendar days of the date of termination. The Seller's obligations in respect of such refunds shall survive termination of their Account. If the Seller fails to process any required refund within that period, Ski Operator reserves the right to take steps to enforce compliance in accordance with paragraph 9.2(c) of the Seller Additional Terms.
2. Bookers – voluntary termination. Where the Booker chooses to terminate their Account, we will notify the relevant Sellers of the Booker's cancellation via email and through the Platform. The Booker's refund entitlement for each cancelled Booking will be determined in accordance with the cancellation policy set out in paragraph 9.1. The Booker remains responsible for any outstanding payment obligations in connection with those Bookings.
3. Bookers – termination by Ski Operator other than for breach. Where Ski Operator terminates the Booker's Account other than as a result of the Booker's breach of these Terms, any confirmed Bookings will be cancelled and the Booker will be entitled to a full refund of the Price for each cancelled Booking, to be processed by the relevant Seller through their Stripe Connect Account within 14 calendar days.
4. Bookers – termination by Ski Operator for breach. Where Ski Operator terminates a Booker's Account as a result of the Booker's breach of these Terms, any confirmed Bookings will be cancelled. Whether the Booker is entitled to a refund will depend on the nature and circumstances of the breach. We will use our best endeavours to write to the Booker within 7 calendar days of termination to confirm the Booker's refund entitlement, if any, in respect of each cancelled Booking.

If a User wishes to complain about the Platform or any decision we have made, including any decision to suspend or terminate the User's Account or to remove any of the User's Content or listings, please contact us using the details in paragraph 1 of these Terms.

We will use reasonable endeavours to respond to all complaints promptly and in any event within 7 calendar days of receipt.

If a dispute arises between a Booker and a Seller in connection with a Booking, both Users should first attempt to resolve it directly and in good faith through the Platform's messaging system.

1. Ski Operator may, at its discretion and without any obligation to do so, assist Users in resolving disputes. Any determination made by Ski Operator in connection with a dispute:
   1. does not constitute legal advice; and
   2. does not affect either party's statutory or contractual rights, including the right to bring a claim before a court of competent jurisdiction.
2. Users agree to cooperate with Ski Operator in good faith in connection with any dispute resolution process, including by providing relevant information and evidence when requested.

The Platform is provided on an "as-is" and "as-available" basis, meaning that we do not guarantee that it will always be available, uninterrupted, or free from errors. We may temporarily restrict the availability of the Platform or any features, with such prior notice as is reasonably practicable, for maintenance, security, or operational reasons. Ski Operator does not endorse or make any representation as to the quality, safety, fitness for purpose, or legality of any Seller Services listed on the Platform, or the accuracy of any listing description, review, or other Content provided by Users. Each Booker's contract for each Seller Service is directly with the Seller, and any rights the Booker has in respect of the quality or performance of a Seller Service are against the Seller, not Ski Operator.

Ski Operator is not liable for any disruption to the Platform arising from circumstances beyond its reasonable control, including failures of third-party infrastructure or telecommunications networks.

1. The Booker's contract for each Seller Service is with the Seller directly, and if any Seller Service is not provided with reasonable care and skill, or is not performed in accordance with the information provided by the Seller, the Booker may have the right to a remedy from that Seller. Ski Operator is not a party to that contract and has no liability in respect of any such claim. If a Booker has any complaints about a Seller Service, please contact the Seller directly.
2. We are obliged to provide the Ski Operator Services with reasonable care and skill, and the Booker may be entitled to a remedy from us if that is not the case. If a Booker has any complaints about our provision of the Ski Operator Services, please contact us using the details in paragraph 1 of these Terms.

Nothing in these Terms excludes or limits Ski Operator’s liability for:

1. death or personal injury caused by Ski Operator’s negligence;
2. fraud or fraudulent misrepresentation; or
3. any other liability that cannot lawfully be excluded or limited under applicable law.

Subject to paragraph 17.1:

1. If either the Booker or Ski Operator is in breach of these Terms in connection with the Ski Operator Services, neither party will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of the breach. 'Foreseeable' means that the loss was an obvious consequence of the breach at the time the Booker accepted these Terms, or something that both the Booker and Ski Operator knew might happen as a result of it.
2. Bookers are only permitted to use Ski Operator for their own personal use, and not for commercial or business purposes. For the avoidance of doubt, Ski Operator will not be liable for any loss of profit, revenue, business, anticipated savings, or data as a result of the Booker's use of the Platform.

1. Ski Operator operates as an intermediary marketplace and is not a party to any contract between a Booker and a Seller. Accordingly, and subject to paragraph 17.1:
   1. Ski Operator is not liable for any loss or damage arising from the delivery, non-delivery, cancellation, or quality of any Seller Service provided by a Seller. The Booker's contract for the Seller Service is with the Seller directly, and any claim in respect of the Seller Service should be brought against the Seller;
   2. Ski Operator is not liable for any acts or omissions of Stripe or any other third-party service provider integrated with the Platform;
   3. Ski Operator is not liable for any delays, interruptions, or disruptions to the Platform, howsoever caused, except to the extent that such disruption is caused by Ski Operator’s own negligence or wilful misconduct.

Subject to paragraph 17.1, Ski Operator’s total aggregate liability to any Booker arising out of or in connection with these Terms or the Platform shall not exceed the greater of: (i) the Price paid by the Booker for the Booking giving rise to the claim; or (ii) £50,000.

Nothing in these Terms affects the statutory rights of Consumers in respect of the Ski Operator Services or the Seller Services under applicable UK or EU consumer protection law, including (without limitation) the Consumer Rights Act 2015. To the extent that applicable law confers rights upon the Booker as a Consumer that cannot lawfully be excluded or limited by contract, these Terms do not seek to exclude or limit those rights.

The liability provisions set out in this paragraph 17 apply as between Ski Operator and Bookers only. As between Ski Operator and Sellers, liability is governed exclusively by paragraph 16 of the Seller Additional Terms, which replaces this paragraph 17 in its entirety as between those parties.

We may update these Terms from time to time. We will notify Users of any proposed changes by email or through the Platform, using the contact details associated with their Account.

Normally we will give Users at least 30 calendar days' notice before any changes take effect. We will give Users more notice if we make a significant change to the core features or functionality of the Platform or to rights that are material to Users.

We will not give Users advance notice if we are required to make a change with immediate effect for legal or regulatory reasons, or to protect the Platform or its Users from fraud, security threats, or other urgent risks.

A User's continued use of the Platform after the effective date of any changes will constitute acceptance of the revised Terms. If a User does not agree to the revised Terms, they may terminate their Account before the changes take effect in accordance with paragraph 13.2.

These Terms are governed by and construed in accordance with the laws of England and Wales.

If the User is a Booker or other consumer, nothing in this paragraph affects the Booker's right to rely on any mandatory consumer protection provisions of the law of their country of habitual residence that are more beneficial to the Booker than the law of England and Wales. As a consumer, the Booker may bring proceedings in the courts of their country of habitual residence or in the courts of England and Wales.

If the User is a Seller or other business, the Seller irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms.

These Terms, together with any additional terms applicable to the User (including the Seller Additional Terms, where applicable), constitute the entire agreement between the User and Ski Operator relating to the User's use of the Platform and supersede all prior agreements, representations, and understandings on the same subject matter.

Ski Operator’s failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision on any future occasion.

Users may not assign, transfer, or delegate their rights or obligations under these Terms without Ski Operator’s prior written consent. Ski Operator may assign or transfer its rights and obligations under these Terms at any time on 30 calendar days' prior written notice to the User. The User's right to terminate their Account in accordance with paragraph 13.2 shall not be affected.

1. The Platform may contain links to third-party websites or services. Ski Operator is not responsible for the content, terms, or privacy practices of any such third-party website or service, and such links do not constitute an endorsement by Ski Operator.
2. The Platform integrates with and relies upon third-party services for certain functionality, including payment processing and cloud hosting. Ski Operator does not control such third-party services and cannot guarantee their performance, availability, or continued provision on any particular terms.

Notices to Users will be sent to the email address associated with the User's Account or provided through the Platform. Notices to Ski Operator should be sent to the email address specified in paragraph 1 of these Terms.

Ski Operator shall not be liable for any failure or delay in providing the Ski Operator Services where such failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental action, or failures of third-party infrastructure or telecommunications networks.