MY CROP LLC
TERMS AND CONDITIONS OF SERVICE DATED: 2/28/2017

Please read the following prior to your use.

1. Your Acceptance
A. My Crop LLC (also “us”, “we”, or “our”) offers a variety of products, software, apps, data feeds and services in addition to this website www.mycrop-sports.com (each and collectively a “Service.”) By using this website, or any Services provided on, from, or through this website, you agree to (1) follow these terms and conditions (the “Terms of Service”), (2) follow our Community Guidelines, found at www.mycrop-sports.com/communityguidelines. By using this website, or by clicking to accept or agree to the Terms of Service when the option is made available, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to any of these terms, our Privacy Policy, or the Community Guidelines, please do not use the Service.

B. We may, in our sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by these changes as soon as they are posted. From time to time you should review our most up-to-date version of Terms of Service via www.mycrop-sports/termsofservice. To be clear, these Terms of Service apply to all versions of a Service, unless otherwise stated by us in writing. And links referenced in these Terms of Service are hereby incorporated and made a part of these Terms of Service.

C. These Terms of Service apply to all users of a Service, including users who submit Content, even where such users do not create an account. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to a Service.

D. We reserve the right to withdraw or amend this website, and any Services we provide on or through the website, in our sole discretion without notice. We are not liable if all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the entire website, to users, including registered users.

E. Users under 13 years of age must have their parent’s permission prior to using this website. Please check the section titled “Children’s Privacy” in our Privacy Policy for additional terms that apply to these users.

2. Services Overview
This website and our Services are designed to:
• Allow youth athletes to share video highlights of their performances, skillsets, and training with other athletes, family, fans, and recruiters at their discretion.
• Provide a platform to showcase youth sports.
• Help recruiters quickly and easily identify zip codes/postal codes with specific talent.
• Provide basic performance information about players (e.g. name, gender, city of residence, zip code of residence, height, weight, performance, etc.) as supplied and permitted by law.

We are NOT affiliated with, or sponsored by, the NCAA. You are responsible for your activities in connection with showcasing your athletic talents. If you intend to compete in NCAA Division I, Division II or Division III, please see http://www.ncaa.org/about/student-athlete-eligibility for more information. We assume no responsibility for how you portray yourself to recruiters, family, friends, businesses, or any other entity through our services. Using our Services beyond the scope outlined above may violate NCAA rules and regulations.

3. Third Party Links
A Service may contain links to third party websites not under our ownership or control. We assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, we cannot, and as result will not, censor or edit the content of any third-party site. By using a Service, you hereby relieve My Crop LLC Group from any and all liability arising from your use of a third-party website. We encourage you to be aware when you leave a Service, making sure to read the terms and conditions and privacy policy of each website you visit before using.

4. My Crop Accounts
A. In order to access some features of a Service, you may have to create a YouTube or Google Account. For security reasons, you may never use a My Crop account that does not belong to you or is registered in your name.

B. As a condition of using our Services, you agree to provide accurate and complete information. You solely are responsible for activity that occurs under your account. If you are provided with a user name, password or any other piece of security information, you must treat such information as confidential, and may not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this website, or its Services, using your user name, password or other security information. Notify us immediately if you discover a breach of security or an unauthorized use of your account.

C. Users under the age of 13 must get permission from their parents before opening an account on our sites. We may delete accounts for users who fail to get this permission at our discretion.

D. We have the right to disable any user name, password or other identifier at any time in our sole discretion, including if, in our opinion, you violate these Terms of Service. Where an identifier is disabled we will not be liable for any losses suffered by a user, including but not limited to the loss of any data, performance videos, stats, or otherwise. If there is unauthorized use of your account, you may be liable for any damages or losses suffered by the My Crop LLC Group (defined below). Make all arrangements to back up your Content on the website.

5. Your Use of the Service—Permissions and Restrictions
We hereby grant you permission to access and use this website, and any additional Services offered on or through the website, for non-commercial purposes as outlined in these Terms of Service and provided that:

A. You agree not to alter or modify any part of a Service or any copyright, trademark or other proprietary notices appearing in a Service.

B. You agree not to use a Service for any of the following commercial uses unless you obtain our prior written approval:
• selling access to a Service;
• the sale of advertising, sponsorships, or promotions placed on or within a Service or in Content; or
• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via a Service.

C. You agree not to use, or launch, any automated system that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. This includes, but isn’t limited to, “robots,” “spiders,” or “offline readers”. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating searchable indices of the materials that are publicly available, but not caches or archives of such materials. My Crop LLC reserves the right to revoke these exceptions generally or in specific cases.

D. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, or to use a Service’s Content or communication systems (e.g., comments, email) for solicitation purposes. You also agree not to exploit, harm or attempt to exploit or harm minors in any way by exposing them to inappropriate content.

E. Your use of a Service complies with all applicable federal, state and local or international laws at all times (including, but not limited to, laws covering the use or export of data outside of the US or other countries.)

F. You understand your right to use any Service is limited to your use as outlined in its terms and conditions, and may be revoked our discretion at any time. My Crop LLC reserves the right to discontinue any aspect of a Service at any time.

G. You may not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. And you may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of this website, Services the server on which the website is stored, or any server, computer or database connected to the website.

H. You don’t engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm us or users of our Services.

6. Your Use of Content
In addition to the general restrictions above, the following restrictions apply to your use of Content. You agree:

A. When using a Service, you may be exposed to Content from a variety of sources. Content is provided to you AS IS. You access Content for your informational and personal use. Outside of personal viewing, under no circumstance may you copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit Content without our prior written consent and the written consent of the user supplying the Content. My Crop LLC Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. Your use of Content is at your sole risk and expense.

B. Not to circumvent, disable or otherwise interfere with security-related features of a Service, including features that restrict use or copying of Content or enforce limitations on use of a Service or its Content therein.

C. We do our best to monitor user accounts, however you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Where this happens, you must report such activity to us immediately. Our contact information appears at the end of these terms. And because we can’t possibly monitor every account at all times, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against My Crop LLC Group with respect to such contact.

We reserve all rights not expressly granted in and to a Service and Content.

7. Your Content and Conduct
A. As a Service account holder you may submit Content, however, you understand that in doing so any Content you post to the website will be considered non-confidential and non-proprietary.

B. You will be solely responsible for the Content you submit, along with the consequences of submitting and publishing Content. You represent and warrant (promise) that you own the all necessary licenses, rights, consents, and permissions to publish the Content you submit; and if you don’t own these rights they you’ve obtained them from the owner.

C. You hereby agree to give My Crop LLC Group a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, modify, prepare derivative works of, display and perform the Content in connection with this website and/or a Service and My Crop LLC’s (and its successors’ and affiliates’) business. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.

D. To be clear, the license you’ve agreed to above does not transfer ownership. It allows us to highlight your profile on the homepage, promote the website and its Services, suggest other users to follow, repurpose part or all of the Service in other media formats or through any media channels and otherwise carry out business in a way that allows users to benefit from being a part of our community. However, you may revoke the rights granted above at any time in a writing sent to us at copyright@mycrop-sports.com and/or by deleting your account. Do keep in mind, though your Content may be removed from our Services we can’t guarantee Content will be removed from the Internet.

E. Note, the licenses you’ve granted above will terminate within a commercially reasonable time after you remove or delete your Content from the Service. However, you understand My Crop LLC may retain server copies of Content that have been removed or deleted for archival purposes. And the above licenses granted by you in user comments you submit are perpetual and irrevocable.

F. You will not submit Content or other material that is contrary to the My Crop LLC Community Guidelines, currently found at www.mycrop-sports.com, which may be updated from time to time. We reserve the right to remove or refuse to post Content for any reason or no reason at all in our discretion.

G. We may also disclose your identity (or other information about you) to a third party who claims Content you post violates their rights, including intellectual property rights or privacy rights. We may also take legal action, including without limitation, referring you to law enforcement, for any illegal or unauthorized use of the website. You understand we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Services.

H. You may not submit Content that violates applicable local, national, or international laws and regulations.

I. We do not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed in Content. We will not be responsible for, and expressly disclaim, any and all liability in connection with recommendations, suggestions, insights or advice expressed in Content found on or through our Services.

8. Termination of Use or An Account
A. Please note, use of our Services does not give users a continued right to use or have access to such Services. We want everyone to enjoy their experience, and consequently we reserve the right to terminate a user’s access to a Service, including a user’s account, if the user: (1) engages in predatory, bullying or unlawful behavior, (2) violates these Terms of Service, (3) infringes on the intellectual property rights of others, or (4) infringes on the privacy rights of others.

9. Digital Millennium Copyright Act
A. We do not permit activities that violate or infringe on the intellectual property rights of others. We will remove Content if notified in accordance with this Section that such Content infringes on another’s intellectual property rights. We reserve the right to remove such Content without prior notice and without liability.

B. If you are a copyright owner (or an agent thereof) and believe that Content infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• Identification of the copyrighted work claimed to have been infringed;

• The material claimed to be infringing that is to be removed or disabled and information reasonably sufficient to permit us to locate the material;

• Contact information, such as an address, telephone number, and, if available, an email address;

• A statement that: (1) you believe in good faith the material is not authorized by the copyright owner, its agent, or the law; and (2) the information you supply in the notice is accurate, and you are authorized to act on behalf of the owner that is allegedly infringed.

Send copyright infringement notifications to copyright@mycrop-sports.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.

10. Warranty Disclaimer
YOU AGREE YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MY CROP LLC GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THE SERVICES. MY CROP LLC GROUP ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE (OF ANY NATURE) RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THEM, (IV) ANY INTERRUPTION OF OUR SERVICES, OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. MY CROP LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED SERVICES OR THOSE FEATURED IN ANY BANNER OR OTHER ADVERTISING. MY CROP LLC WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES SO PLEASE USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. Limitation of Liability
IN NO EVENT SHALL MY CROP LLC GROUP BE LIABLE TO YOU FOR DAMAGES (THIS INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE, RESULTING FROM ACCESS TO AND USE OF SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OF OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS, OMISSIONS, INACCURACIES OR MISTAKES IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES. THIS LIMITATION APPLIES WHETHER OR NOT A CLAIM IS BASED ON A THEORY OF WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY IS AWARE SUCH DAMAGES ARE POSSIBLE. HOWEVER, THE FOREGOING LIMITATION APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless My Crop LLC, its owners, operators, affiliates, and each of its or their directors, employees, licensors, licensees, service providers, successors, permitted assignees and agents (individually and collectively “My Crop LLC Group”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising or resulting from: (i) your use of and access to a Service; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right or privacy right; or (iv) any claim that your Content caused damage to a third party. To be clear, this obligation to indemnify, defend and hold us harmless will survive these Terms of Service and your use of the applicable Service(s).

13. Amazon Ads
Some of our services may use (or contain code from) Amazon Ads. The terms and conditions applicable to its use are below.

14. Ability to Accept Terms of Service
You affirm you are either: (1) 18 years of age or older, (2) an emancipated minor, or (3) have gotten permission to use our Services from a legal parental or guardian.

15. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by us without restriction. Any attempt by you to assign that is not consented to will be considered null and void.

16. Trademarks and Intellectual Property
My Crop LLC and all related names, logos, product and service names, designs and slogans are trademarks of My Crop LLC or its affiliates or licensors. You may not use these marks without our written permission prior to using. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners. This website and its features, functionality (Content, trademarks, service marks and logos) are owned by, or if not owned licensed to, My Crop LLC and are subject to copyright, trademark, patent, trade-secret and other intellectual property or proprietary rights under the law. You may only use these as directed, to the extent directed. If you have any questions, please contact us.

17. General
You agree: These Terms of Service are governed by the substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises (in whole or in part) from the Service shall be decided exclusively by a court of competent jurisdiction located in Houston, Harris County, Texas and you hereby waive the ability to assert otherwise. These Terms of Service, together with the Privacy Notice at https://www.google.com/intl/en/policies/privacy/ and any sites referenced here, or other legal notices published by My Crop LLC on a Service, constitute the entire agreement between you and My Crop LLC concerning a Service. If any provision in these Terms of Service is deemed invalid by a court of competent jurisdiction, its invalidity will not affect the validity of the remaining provisions, which remain in full force and effect. No waiver by My Crop LLC of any term or condition set forth in these Terms of Service shall be considered a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of My Crop LLC to assert a right or provision under these Terms of Service does not constitute a waiver of such right or provision that precludes us from enforcing at a later date.

18. Notice for California Users
If you are a California resident, you can request information regarding the disclosure of your personal information by My Crop LLC to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to info@mycrop-sports.com or write to us at 7505A South Fwy, Houston, 77021. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

Any feedback, comments, requests for technical support, and other communications should be directed to our customer service through info@mycrop-sports.com

Additional Terms and Conditions or Licenses

Amazon Ads. This app uses MoPub iOS SDK, Copyright (c) 2011 MoPub Inc., all rights reserved, under the BSD 3-Clause license, which follows. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• Neither the name of MoPub nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This app uses TouchJSON, Copyright (c) 2011 Jonathan Wight, all rights reserved, under the BSD 2-Clause license, which reads as follows:. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• Neither the name of the Jonathan Wight nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This app uses uses SBJson, Copyright (c) 2007-2011 Stig Brautaset, all rights reserved, under the BSD 3-Clause license, which reads as follows: Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
• Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.