Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and TUBBARD DEVELOPMENT LLC d/b/a EXCEEDING SPORTS (“Exceeding Sports,” “we,” “us,” or “our”). Exceeding Sports operates the sports statistics, scoring, scheduling, roster, and related platform branded as Exceeding Stats, including its websites, applications, public scoreboards, team pages, and related services collectively referred to as the “Service.”

By creating an account, accepting an invitation, clicking to agree, purchasing a subscription, or accessing or using the Service, you agree to these Terms, our Privacy Policy, Acceptable Use Policy, and, where applicable, our Student Data and Minor Athlete Information Notice.

If you use the Service on behalf of a school, athletic department, team, club, league, business, nonprofit organization, or other entity, you represent that you have authority to bind that organization. In that case, “you” includes both you individually and the organization.

Do not use the Service if you do not agree to these Terms.

1. Eligibility

You may use public portions of the Service without creating an account.

To create or use an account:

1. You must be at least 13 years old.
2. If you are under the age of majority where you live, you must have permission from your parent or legal guardian.
3. Organization administrators must be at least 18 years old or the age of majority where they live.
4. You must not be prohibited from using the Service under applicable law.
5. You must provide accurate and current information.

The Service is not directed to children under 13, and children under 13 may not create accounts.

2. Organizations and Administrators

An “Organization” may include a school, athletic department, team, club, league, association, media organization, or other sports program using the Service.

The person who creates or claims an Organization account may become an administrator. Administrators may:

• Invite and remove authorized users.
• Assign roles and permissions.
• Enter, edit, publish, export, or delete Organization Content.
• Manage public team, game, schedule, roster, and statistics pages.
• Make decisions concerning access to the Organization account.

Administrators are responsible for:

• Confirming that invited users are authorized.
• Removing access when a user is no longer authorized.
• Managing permissions appropriately.
• Maintaining the accuracy and legality of Organization Content.
• Resolving internal disputes about account ownership or control.
• Obtaining required permissions or consents for information entered into or published through the Service.

We may request reasonable documentation to verify an administrator’s identity, authority, or affiliation with an Organization.

If there is a dispute over control of an Organization account, we may temporarily restrict changes while the dispute is reviewed. We may rely on documentation from the school, athletic director, organization officer, domain owner, or other person we reasonably determine has authority.

3. Accounts and Account Security

You agree to:

• Keep your login credentials confidential.
• Use a unique and secure password.
• Promptly notify us of suspected unauthorized access.
• Keep your account and contact information current.
• Accept responsibility for activity occurring through your account, except to the extent caused by our failure to use reasonable security safeguards.

You may not share an individual account in a way that prevents us from identifying the person using it. Organizations should provide separate accounts to authorized users whenever practical.

We may require password resets, multifactor authentication, identity verification, or other security measures.

4. The Service

The Service may allow authorized users to:

• Create and manage teams and sports programs.
• Enter schedules, opponents, locations, rosters, and player information.
• Record games, plays, scores, clock information, and statistics.
• Calculate season, career, team, and player statistics.
• Publish public scoreboards, schedules, results, box scores, rosters, and statistics.
• Export or share certain information.
• Invite users and assign roles.

Features may differ by sport, plan, device, Organization, or location.

Statistics and calculations depend on information entered by users. Exceeding Sports does not independently verify every play, score, roster entry, player identity, or statistical result. You are responsible for reviewing information before relying on or publishing it.

The Service is not an official substitute for records required to be maintained by a school, athletic association, governing body, or other organization.

5. Organization Content

“Organization Content” means information submitted, imported, recorded, generated from submitted information, or published through an Organization account, including:

• Organization and team names.
• Logos and branding.
• Schedules and locations.
• Opponent information.
• Player names.
• Graduation years.
• Jersey numbers and positions.
• Game events and play-by-play data.
• Scores and statistical results.
• Notes, descriptions, and other submitted material.

As between you and Exceeding Sports, the Organization or applicable content owner retains ownership of Organization Content.

You grant Exceeding Sports a nonexclusive, worldwide, royalty-free license to host, store, reproduce, format, process, calculate, transmit, display, and otherwise use Organization Content only as reasonably necessary to:

1. Provide and support the Service.
2. Follow the Organization’s settings and instructions.
3. Display information on public pages the Organization enables.
4. Secure, troubleshoot, and maintain the Service.
5. Comply with law and enforce these Terms.

This license ends when the relevant Organization Content is deleted from our active systems, except for temporary backup copies, legal retention requirements, and content that was lawfully shared or exported before deletion.

You represent that you have all rights, permissions, notices, and consents needed to submit and use Organization Content through the Service.

6. Public Pages

The Service may allow Organizations to publish information publicly, including live scores, schedules, team results, player names, graduation years, positions, jersey numbers, and athletic statistics.

The Organization—not Exceeding Sports—decides whether to enable or maintain its public pages and what eligible information to publish.

Before publishing information about another person, the Organization represents that:

• The publication is lawful.
• The Organization has provided required notices.
• The Organization has obtained required consent or other legal authorization.
• Any applicable privacy, directory-information, or publication opt-out has been honored.
• The information is appropriate for public display.

Public information may be viewed, copied, indexed, photographed, shared, archived, or republished by third parties outside our control. Disabling a page does not guarantee removal of copies previously made by others or retained by search engines and archives.

We may remove or restrict public content when we reasonably believe it violates law, these Terms, our policies, a verified privacy request, or the rights or safety of another person.

7. Student and Minor Information

Schools and youth sports programs may enter information concerning student-athletes or other minors.

When using the Service for student or minor information, the Organization must:

• Limit information to what is reasonably necessary for legitimate sports or organizational purposes.
• Avoid entering sensitive information not required by the Service.
• Obtain any required school, parent, guardian, or student permission.
• Follow applicable education, student-privacy, child-privacy, and youth-sports laws.
• Honor valid access, correction, deletion, and publication opt-out requests.
• Use appropriate account permissions.

Users may not enter medical records, disciplinary records, Social Security numbers, government identification numbers, financial account details, home addresses, personal telephone numbers, personal email addresses, precise geolocation, or full dates of birth concerning student-athletes unless Exceeding Sports has expressly authorized that data type in writing.

Our handling of student information is described further in the Student Data and Minor Athlete Information Notice.

8. Acceptable Use

You must comply with our Acceptable Use Policy.

You may not use the Service to:

• Violate any law or another person’s rights.
• Enter or publish information you are not authorized to use.
• Harass, threaten, exploit, stalk, impersonate, or defame another person.
• Circumvent account permissions or security controls.
• Access another Organization’s nonpublic information without authorization.
• Introduce malware or interfere with Service operation.
• Scrape, harvest, or systematically extract information except with our written permission.
• Use student or minor information for advertising, recruiting unrelated to the Organization’s authorized activities, profiling, or other unauthorized commercial purposes.
• Misrepresent statistics, affiliations, endorsements, or official status.

9. Privacy

Our Privacy Policy explains how we collect, use, disclose, retain, and protect personal information.

When an Organization determines why and how Organization Content is entered, used, or published, the Organization generally acts as the party responsible for that information. Exceeding Sports generally processes the information to provide the Service under the Organization’s instructions.

Nothing in these Terms limits rights that cannot legally be waived.

10. Service Plans and Payment

Some features may be offered without charge, while others may require payment.

If you purchase a paid plan:

• The price, billing interval, included features, and renewal terms will be disclosed at purchase or in an order form.
• You authorize us and our payment processor to charge the selected payment method.
• Fees are stated in U.S. dollars unless otherwise indicated.
• You are responsible for applicable taxes, excluding taxes based on our net income.
• Except where required by law or stated in an order form, fees are nonrefundable once the applicable service period begins.
• We will not automatically renew a paid subscription unless the renewal terms are disclosed before purchase.
• An Organization-specific order form or written agreement may contain additional terms.

If an order form conflicts with these Terms, the order form controls for the subject addressed in that order form.

11. Third-Party Services

The Service may depend on or link to third-party products, hosting providers, payment processors, mapping services, analytics providers, communication tools, or other services.

Third-party services are governed by their own terms and privacy practices. We are not responsible for third-party services that we do not control.

We may change service providers as needed, subject to our contractual and legal obligations concerning personal and student information.

12. Exceeding Sports Intellectual Property

The Service, including its software, interface, design, documentation, statistical calculation methods, branding, graphics, and other materials supplied by Exceeding Sports, is owned by Exceeding Sports or its licensors and is protected by intellectual-property laws.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable right to access and use the Service for your personal or Organization-related sports activities.

You may not:

• Copy or distribute the Service itself.
• Modify or create derivative works from the Service.
• Reverse engineer or attempt to obtain source code, except where the law expressly permits it.
• Remove proprietary notices.
• Sell, sublicense, rent, or commercially exploit access to the Service.
• Use our trademarks or branding without written permission.
• Use the Service or its output to train or develop a competing product through systematic extraction.

These restrictions do not prohibit an Organization from using or exporting its own Organization Content.

13. Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us permission to use that feedback without restriction or compensation. This does not give us ownership of your Organization Content or confidential information.

14. Copyright and Other Rights Complaints

If you believe content on the Service infringes your copyright, privacy, publicity, trademark, or other rights, send a notice to:

Email: [LEGAL@EXCEEDINGSPORTS.COM]
Mail: TUBBARD DEVELOPMENT LLC d/b/a EXCEEDING SPORTS, [101 CHAD CT ANDERSON SC 29621]

Your notice should identify:

• The material at issue.
• Where it appears.
• The right you believe is affected.
• Your contact information.
• A statement explaining your good-faith belief that the use is unauthorized.
• Documentation reasonably supporting the request.

We may remove or restrict disputed content while reviewing a complaint.

15. Service Changes and Availability

We may add, change, or discontinue features.

We will use commercially reasonable efforts to operate the Service, but we do not guarantee that it will always be available, uninterrupted, secure, accurate, or error-free.

The Service may be unavailable because of:

• Scheduled maintenance.
• Emergency maintenance.
• Internet or hosting failures.
• Security incidents.
• Third-party failures.
• Events outside our reasonable control.

When reasonably practical, we will provide advance notice of changes that materially reduce paid functionality during an active paid term.

16. Suspension and Termination

You may stop using the Service at any time.

An Organization administrator may request closure of an Organization account, subject to verification of authority.

We may suspend, restrict, or terminate access when we reasonably believe:

• These Terms or our policies have been violated.
• Account activity threatens the Service or another person.
• The account is being used fraudulently or unlawfully.
• Suspension is necessary to protect student or minor information.
• Payment is overdue.
• We are required to do so by law.
• Continued access creates material legal, security, or operational risk.

When practical, we will provide notice and an opportunity to correct a violation before termination. We may act immediately when necessary to address urgent security, safety, privacy, legal, or operational concerns.

Provisions that should reasonably survive termination—including ownership, disclaimers, liability limitations, indemnification, and dispute provisions—will survive.

17. Data Export and Deletion

During an active account, authorized Organization administrators may request an export of available Organization Content.

Following account closure, we may provide a limited period of up to 30 days for an authorized administrator to request an available export, unless:

• Immediate deletion is requested.
• Retention is legally required.
• Access has been terminated for security or unlawful conduct.
• Providing the export would affect another person’s rights.

We ordinarily delete Organization Content from active production systems within 90 days after a verified deletion request or account closure. Residual backup copies may remain for up to 180 days and will not be restored except for disaster recovery, security, or legal purposes.

We may retain limited records when reasonably necessary for fraud prevention, security, legal compliance, dispute resolution, or enforcement.

Organizations should maintain independent copies of information they are legally required to preserve.

18. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.”

Exceeding Sports disclaims all express, implied, and statutory warranties, including warranties of:

• Merchantability.
• Fitness for a particular purpose.
• Title.
• Noninfringement.
• Accuracy.
• Availability.
• Security.
• Reliability.

We do not warrant that:

• User-entered information is accurate.
• Calculated statistics will be accepted by a league, school, association, media outlet, or governing body.
• The Service will prevent all unauthorized access or data loss.
• Public content will remain private after it has been published.
• The Service will satisfy every Organization’s legal or recordkeeping requirements.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

19. Limitation of Liability

To the maximum extent permitted by law, Exceeding Sports and its owners, officers, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, including loss of profits, revenue, goodwill, use, opportunity, or data, arising from or related to the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of:

1. The amount paid to Exceeding Sports for the affected Service during the 12 months before the event giving rise to the claim; or
2. One hundred U.S. dollars.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

Nothing in these Terms excludes liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or other liability that applicable law prohibits us from limiting.

20. Indemnification

To the extent permitted by law, you and the Organization you represent agree to defend, indemnify, and hold harmless Exceeding Sports and its owners, officers, employees, contractors, and affiliates from third-party claims, losses, liabilities, damages, judgments, and reasonable legal costs arising from:

• Organization Content.
• Your unlawful or unauthorized use of the Service.
• Your violation of these Terms or our policies.
• Your violation of another person’s privacy, publicity, intellectual-property, or other rights.
• An Organization’s failure to obtain required authority, notice, permission, or consent.

Exceeding Sports will provide reasonable notice of a covered claim and permit the indemnifying party to control the defense, provided that no settlement may impose liability, admissions, or nonmonetary obligations on Exceeding Sports without our consent.

This section does not require a government or public-school entity to provide indemnification prohibited by applicable law.

21. Governing Law and Venue

These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-law principles.

Any legal action arising from these Terms or the Service must be brought in the state or federal courts located in Anderson, South Carolina, and each party consents to those courts’ jurisdiction, except where applicable law requires otherwise.

Before filing a claim, the parties agree to make a good-faith effort to resolve the matter informally by providing written notice describing the dispute and requested resolution.

22. Changes to These Terms

We may update these Terms.

For material changes, we will provide reasonable notice through the Service, by email, or through the Organization administrator. Unless a change is required sooner for legal, privacy, security, or safety reasons, material changes will normally take effect at least 30 days after notice.

Continued use after the effective date of updated Terms constitutes acceptance to the extent permitted by law.

Changes will not retroactively reduce protections applicable to student information collected under an existing school agreement unless permitted by that agreement and applicable law.

23. General Terms

These Terms, together with incorporated policies and any applicable order form or signed agreement, constitute the entire agreement concerning the Service.

If a provision is unenforceable, the remaining provisions remain effective.

Failure to enforce a provision is not a waiver.

You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization, financing, or sale of assets, provided that the successor remains subject to applicable privacy and student-data obligations.

Neither party is liable for delay caused by events beyond its reasonable control.

Headings are for convenience only.

24. Contact

TUBBARD DEVELOPMENT LLC d/b/a EXCEEDING SPORTS
[101 CHAD CT ANDERSON SC 29621]
Legal: [LEGAL@EXCEEDINGSPORTS.COM]
Support: [LEGAL@EXCEEDINGSPORTS.COM]
Privacy: [LEGAL@EXCEEDINGSPORTS.COM]