Terms and Conditions

Agreement between User and sunnydayland.com
Welcome to sunnydayland.com. The sunnydayland.com website (the “Site”) is comprised of
various web pages operated by Sunny Day Land (“SDL”). sunnydayland.com is offered to you
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of sunnydayland.com constitutes your agreement to all
such Terms. Please read these terms carefully, and keep a copy of them for your reference.
sunnydayland.com is an E-Commerce Site.
Land Sales

Privacy
Your use of sunnydayland.com is subject to SDL’s Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting sunnydayland.com or sending emails to SDL constitutes electronic communications. You
consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen
SDL does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use sunnydayland.com only with permission of a
parent or guardian.

Refunds & Exchanges

Our refund policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your purchase must be unused and in the same condition that you received it.

To request an return, we require a receipt or proof of purchase. Once your return request is received and inspected, we will send you an email to notify you that we have received your request. We will also notify you of the approval or rejection of your refund or exchange. If you are approved, then your refund or exchange will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Cost of re-conveying Property

To ensure the return of property is conveyed properly and legally, Sunny Day Land will prepare the deed and associated documents, at a cost of $399, which will be deducted from any refunds due. Additionally, any notary and/or county fees will be deducted from any refunds due. These fees vary based on the county. In the case that these fees exceed the refund due, the return may become a net loss for you. Again, please be mindful when purchasing real estate.

Exchanges

In certain circumstances, and on a case-by-case basis, Sunny Day Land may approve an exchange for a similarly priced property. Any notary or county fees associated with conveying a property back to us are your responsibility. Please note, the price of the property is not the only factor governing our decision to approve an exchange, and in certain instances we may be legally unable to provide an exchange.

Notwithstanding the above paragraph, to be eligible for an exchange, we need to know why you are requesting an exchange. We encourage buyers to perform their own due diligence prior to purchasing, and your purchase agreement acknowledges that you have completed all inspections to your satisfaction, therefore we cannot accept a reason that could have been discovered during your initial due diligence period.

Late or missing refunds (if applicable)

If you haven’t received a committed refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please Contact Us.

Links to Third Party Sites/Third Party Services
sunnydayland.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of SDL and SDL is not responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
SDL is providing these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by SDL of the site or any association with its operators.

Certain services made available via sunnydayland.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the sunnydayland.com
domain, you hereby acknowledge and consent that SDL may share such information and data with
any third party with whom SDL has a contractual relationship to provide the requested product,
service or functionality on behalf of sunnydayland.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
sunnydayland.com strictly in accordance with these terms of use. As a condition of your use of the
Site, you warrant to SDL that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of SDL or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
SDL content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of SDL and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of SDL or our
licensors except as expressly authorized by these Terms.

International Users
The Service is controlled, operated and administered by SDL from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the SDL Content accessed through
sunnydayland.com in any country or in any manner prohibited by any applicable laws, restrictions
or regulations.

Indemnification
You agree to indemnify, defend and hold harmless SDL, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. SDL reserves the
right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with SDL in asserting any
available defenses.

Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and SDL agree otherwise, the arbitrator may not consolidate
more than one person’s claims, and may not otherwise preside over any form of a representative
or class proceeding.

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. SUNNY DAY LAND AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SUNNY DAY LAND AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.
SUNNY DAY LAND AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL SUNNY DAY LAND AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
SUNNY DAY LAND OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.

Termination/Access Restriction
SDL reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Tennessee and you hereby consent to
the exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or relating
to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between
you and SDL as a result of this agreement or use of the Site. SDL’s performance of this agreement
is subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of SDL’s right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by SDL with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and SDL with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and SDL with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.

Changes to Terms
SDL reserves the right, in its sole discretion, to change the Terms under which sunnydayland.com
is offered. The most current version of the Terms will supersede all previous versions. SDL
encourages you to periodically review the Terms to stay informed of our updates.

Contact Us
SDL welcomes your questions or comments regarding the Terms:
Sunny Day Land
Email Address:
spencer@sunnydayland.com
Telephone number:
731-429-9947
Effective as of April 30, 2021

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