THIS LAND, INC., D/B/A SUNDAY

This Land, Inc. ("Sunday", "us" or "we") is the operator of the www.getsunday.com site (the "Site"), and the provider of Get Sunday’s subscription lawn care products (collectively, the "Services"). These terms and conditions, together with any documents they expressly incorporate by reference (collectively the "Terms"), govern your access and use of the Site and the Services offered on or through the Site.

THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BEFORE YOU CONSIDER PURCHASING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS.

By purchasing our Services, you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. If you do not agree to these Terms, you should not use or access this Site or purchase our Services.

1. Use of the Services

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Services. We reserve the right, in our sole discretion and without notice to you, to revise our Services and to change, suspend or discontinue any aspect of the Services and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on the use of the Site or restrict your access to part, or all, of the Services without notice or penalty. Your continued use of the Services will constitute your acceptance of any such changes.

You are responsible for your use of the Site and the Services, and we specifically prohibit any use of the Site or the Services, for any of the following purposes: (i) engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; (ii) attempting to interfere in any way with the Site, or Sunday’s network security, or attempting to use the Site to gain unauthorized access to any other computer system; and (iii) using the Site or the Services to drop ship merchandise to third parties.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Services, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Services or any other user's use of the Services, including, without limitation, via means of overloading, "flooding," "mailbombing" or "crashing" the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site or the Services to any third party.

2. Registration and Passwords

In order to access the Site and the Services, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Services under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may suspend or terminate your access at any time with or without notice. To understand how we use the information collected from you, please read our Privacy Policy which can be found here:https://www.iubenda.com/privacy-policy/87446194/full-legal.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity.

3. Site and Services Not for Minors

The Services are available to registered users who are 18 years old and older and who have not been suspended or removed by Sunday for any reason. You must be 18 years old in order to purchase our Services. If you are under 18 years old, then you may not make a purchase on our Site. We reserve the right to revoke your ability to access the Site or the Services for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.

4. Mobile Terms of Service

The Sunday / getsunday.com mobile message service (the "Service") is operated by This Land Inc., (DBA Sunday) ("This Land Inc.", "Sunday", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Sunday's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of This Land Inc. through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, cart reminders, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Sunday. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 25797 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other This Land Inc. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 25797 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

5. Billing and Payments

You must provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

The subscription fee for the Services and any other charges you may incur in connection with your use of the Services will be charged to your Payment Method on the specific billing date indicated on your "Account" page. You may visit your Account page to see your next payment date. We may authorize your Payment Method in anticipation of membership or Service-related charges through various methods.

You authorize us to charge any Payment Method associated to your Account in case your primary Payment Method is declined or no longer available to us. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Account, we may suspend your access to the Services until we have successfully charged a valid Payment Method. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).

We reserve the right to change the fees charged for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any fee changes or changes to your subscription will take effect following notice to you.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Sunday the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Sunday will not be responsible for any failures of the third party to adequately protect such information.

6. Cancellation

By making a purchase on GetSunday.com, you are enrolling in GetSunday's annual lawn subscription plan which provides 1-4 shipments per growing season which are personalized to your lawn and your needs. Each spring, your subscription plan will renew for the subsequent year and your card on file will be charged renewal amount. Charges for your annual plan will be charged based on your renewal date. If you do not wish to renew your plan, please contact [email protected] on or before your renewal date.

You can cancel the Services at any time, and you will continue to have access to the Services through the end of your billing period. To cancel, go to the "Account" page on our Site and follow the instructions for cancellation. If you cancel your subscription, your Account will automatically close at the end of your current billing period. Fees are nonrefundable and there are no refunds or credits for partial periods.

7. Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Sunday within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.

Replacement of Services and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.

8. Referral Program

Registered Sunday customers may be eligible for a referral credit when they share their personalized referral link and the referred customer completes his or her first purchase. To qualify for the credit, the referred customer must be a new Sunday customer and click on the referrer’s unique link, create a new Account, and place an order for full plan over the price of $69 paid in full via the Site. The use of the referral link cannot be used with any other offer or promotional code. Referral credit is granted as Sunday "store credit" to the referrer’s account once all items in the referred customer’s first order have shipped. The credit is non-transferable and will be automatically redeemed at the Sunday customer's next purchase or next year's reauthorization plan

We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as:

• Attempts to gain credit through self-referral by opening multiple accounts using different email addresses or by adding identical payment methods to multiple accounts
• Credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites, or spamming
• Violation of these Terms
• If referred cancels their purchase before their first box is shipped, their purchase will no longer count toward your successful referrals, and the credit will be reversed.

We reserve the right to suspend our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new people completing their first purchases with us anymore.

You’re encouraged to share your referral link with friends and family and through social media outlets. However, you must not, without permission, include Sunday trademarks or engage in activity that may be regarded as misleading to Sunday customers.

9. Other Promotions

We reserve the right to refuse, suspend, or revoke promotional offers at any time.

10. Product Information; Limitation on Quantities.

All descriptions, images, references, features, content, specifications, products, and prices of products and Services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Sunday reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service.

11. Proprietary Rights

You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site and within the Services are the property of Sunday or our licensors and are protected by United States and international copyright, trademark and/or other intellectual property or proprietary rights and laws. These Terms permit you to use the Services for your personal, non-commercial use only. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site or the Services.

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. Abuse of Customer Service Agents

We value the well-being and professionalism of our customer service agents who assist and support our customers. We strive to provide a positive and respectful environment for both our customers and our agents. As such, any form of abuse towards our customer service agents will not be tolerated.

Abuse includes, but is not limited to, the following behaviors:

1. Verbal abuse: Using offensive, threatening, or derogatory language.
2. Harassment: Engaging in persistent and unwelcome communication that causes distress, discomfort, or fear.
3. Discrimination: Making discriminatory remarks or engaging in discriminatory behavior based on factors such as race, religion, gender, nationality, sexual orientation or disability.
4. Threats: Making any form of threat, whether physical or non-physical, towards a customer service agent.

Consequences of Abuse:
If any customer is found to be engaging in abusive behavior towards our customer service agents, we reserve the right to take appropriate action, including but not limited to:

• Limiting or suspending access to our customer service channels.
• Terminating the customer's subscription.
• Pursuing legal action if the abuse violates applicable laws.

We encourage all communication to be conducted in a respectful manner. Our customer service agents are here to help and treating them with respect will allow us to provide the best possible service to all customers.

13. Disclaimers

You assume all responsibility and risk with respect to your use of the Site or the Services. THE SITE, THE SERVICES, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A "LINKED" SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, SUNDAY DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE OR WITH THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Sunday makes no warranties of any kind regarding any non-Sunday sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Sunday makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Sunday sites. Sunday does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

Any information provided by us regarding the Services (e.g. product descriptions or instructions) is for informational purposes only. Use of the Site or the Services is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

14. Indemnification

You agree to indemnify, hold harmless, and defend Sunday, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site or the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SUNDAY, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR WITH THE SERVICES BE LIABLE TO ANY USER OF THE SITE OR THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT OR TORT (NEGLIGENCE), EVEN IF SUNDAY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SUNDAY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR THE SERVICES TO YOU FOR ANY DIRECT DAMAGES, EXCEED THE AMOUNT YOU PAID TO SUNDAY IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.

16. Miscellaneous

15.1 U.S. Use Only. We control and operate the Services from the United States. We provide this Site and Services for use only by persons located in the United States. We make no representation that materials on the Site or the Services are appropriate or available for use outside the United States. If you choose to access this Site or the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15.2 Waiver; Remedies. The failure of Sunday to partially or fully exercise any rights or the waiver of Sunday of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Sunday or be deemed a waiver by Sunday of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Sunday under these Terms and any other applicable agreement between you and Sunday shall be cumulative, and the exercise of any such right or remedy shall not limit Sunday’s right to exercise any other right or remedy.

15.3 Governing Law. All matters related to the Site, the Services and these Terms shall be governed and constructed in accordance with the laws of the State of Colorado without regard to conflict of laws provisions.

15.4 Disputes. Any dispute relating in any way to your visit to, or use of, the Site or the Services or to your relationship to Sunday ("Claims") shall be exclusively submitted to confidential and binding arbitration in Boulder, Colorado, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Colorado. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Sunday agree in writing, and the arbitrator shall apply Colorado law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator's award is final and binding on the parties. ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND SUNDAY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

15.5 Changes of the Site or Services. We may update the Services from time to time. In addition, Sunday reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You are encouraged to review these Terms each time you use the Site and prior to purchasing any Service. Your continued use of the Site or the Services after the posting of changes will constitute your acceptance of and agreement with such changes.

15.6 Your Feedback. The Site and Services are operated by This Land, Inc. All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to [email protected].