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Terms of Service

Effective Date: April 20, 2026 · Last Revised: April 20, 2026 · Version 2.0

BINDING AGREEMENT — PLEASE READ CAREFULLY

By accessing the Better Call Sod LLC website, submitting a contact or service request form, making a deposit or payment, signing a service agreement, responding YES to an SMS service offer, or permitting Better Call Sod LLC to perform any service on your property, you agree to be legally bound by these Terms of Service. If you do not agree to all terms, do not use this website or engage our services. Your electronic acceptance constitutes a legally binding agreement under the Texas Uniform Electronic Transactions Act, Texas Business & Commerce Code Chapter 322.

01 — Parties & Scope

Parties, Scope & Definitions

"Better Call Sod LLC," "we," "us," or "our" refers to Better Call Sod LLC, a Texas limited liability company organized under the Texas Business Organizations Code Chapter 101, with its principal mailing address at 201 South Shady Shores Drive, Box 594, Lake Dallas, Texas 75065.

"Client," "you," or "your" refers to any individual or entity who accesses our website, contacts us for services, enters into a service agreement, or permits us to perform work on their property.

"Services" refers to all lawn care, landscape, treatment, irrigation, installation, design, and related services described on our website, in any written service agreement, or communicated via SMS, email, or telephone.

"Property" refers to the real property address at which Services are to be performed, as specified at the time of service engagement.

Service Area: Better Call Sod LLC operates exclusively within Denton County, Texas. We reserve the right to decline service requests outside our service area without explanation.

These Terms of Service constitute the entire agreement between you and Better Call Sod LLC with respect to your use of our website and engagement of our services, and supersede all prior agreements, understandings, and communications, whether written or oral, relating to the same subject matter.


02 — Services, Licensing & Scope

Services, Licensing & Scope of Work

Licensed Services

Certain services offered by Better Call Sod LLC require state-issued licenses under Texas law. Better Call Sod LLC represents that it will hold all required licenses prior to performing any regulated service, as follows:

Pesticide Application Records

Pursuant to 4 Tex. Admin. Code § 7.24, Better Call Sod LLC will maintain records of all pesticide applications for a minimum of two (2) years from the date of application. These records will include the date of application, property address, product name, EPA registration number, application rate, area treated in square feet, and the license number of the applicator. Records are available for inspection upon request.

Scope of Work

Better Call Sod LLC will perform only the specific services agreed upon at the time of scheduling or as described in a written service agreement. We reserve the right to decline to perform services that, in our sole professional judgment, present safety risks, exceed our licensed scope, or require equipment or expertise beyond our capabilities. In such cases, we will recommend appropriate licensed contractors.

Texas811 and Utility Locate

For any service requiring ground penetration, including French drain installation, irrigation system installation, and any trenching work, Better Call Sod LLC will initiate a Texas811 utility locate request pursuant to Texas Utilities Code Chapter 251 prior to commencement and, where required, will obtain applicable Denton County or municipal permits. Client is responsible for disclosing the location of all private utilities, irrigation lines, drainage systems, or underground improvements not covered by the Texas811 locate service. Better Call Sod LLC is not liable for damage to private underground utilities or improvements not disclosed by the client prior to commencement of work.


03 — Pricing, Payments & Deposits

Pricing, Payments & Deposits

Pricing

Service prices are as quoted at the time of scheduling, as published on our website, or as set forth in a written service agreement. All prices are in U.S. dollars. Price changes for recurring service clients will be communicated at least 30 days in advance. Annual rate locks, where offered, are binding for the term of the applicable service agreement.

Recurring Service Billing

Recurring monthly service fees are billed on a monthly basis. The first month's fee is prorated from the date of enrollment. Recurring billing begins on the first day of the following calendar month and continues on the first day of each month thereafter. By enrolling in a recurring service program, you authorize Better Call Sod LLC to charge the payment method on file for the agreed monthly amount on or around the first day of each service month, or as otherwise agreed in writing. You are responsible for maintaining a valid payment method on file.

Deposits

A deposit of fifty percent (50%) of the total project estimate is required before Better Call Sod LLC will schedule, procure materials for, or commence any project with a total estimate exceeding one thousand dollars ($1,000.00), including but not limited to: sod installation, French drain installation, irrigation system installation, planting bed installation, and landscape design projects. The deposit funds the purchase of materials and reserves the scheduled installation date.

Deposit Cancellation Policy: If you cancel a project before materials have been ordered and more than 72 hours before the scheduled installation date, your deposit will be refunded less any actual costs incurred by Better Call Sod LLC in preparation for the project, including but not limited to design time, permit fees, site visits, and any non-returnable materials or equipment reserved. No deposit refunds will be issued after materials have been procured, regardless of cancellation reason.

Payment Methods

Better Call Sod LLC accepts payment by credit card, debit card, check, and electronic transfer as available. Payment card transactions are processed through a PCI-DSS compliant third-party payment processor. Better Call Sod LLC does not store full payment card numbers.

Late Payments

Invoices are due upon receipt unless otherwise specified in a written service agreement. Accounts more than 14 days past due are subject to a late fee of 1.5% per month (18% per annum) on the outstanding balance, which is the maximum rate permitted under Texas Finance Code § 302.001 for written contracts. Better Call Sod LLC reserves the right to suspend or terminate services for accounts more than 30 days past due without further notice.

Returned Payments

Returned checks or declined electronic payments are subject to a $35.00 returned payment fee, in addition to any actual damages incurred, pursuant to Texas Business & Commerce Code § 3.506. Repeated returned payments may result in a requirement to pay by cash, cashier's check, or certified funds only.

Texas Sales Tax

Where applicable under Texas Tax Code Chapter 151, Texas Comptroller Rule 3.356, and Texas Tax Code § 151.0047, sales tax at the applicable Denton County rate will be added to invoices for all taxable lawn care services, landscaping services, and tangible personal property including plants and materials. Tax treatment will be applied in accordance with Texas Comptroller guidance in effect at the time of billing.


03-A — Auto-Renewal Terms

Recurring Subscription Auto-Renewal Terms

This section supplements and amends Section 03 of the Better Call Sod LLC Terms of Service. In the event of any conflict between this section and Section 03, this Auto-Renewal section controls with respect to recurring subscription billing. All other provisions of the Terms of Service remain in full force and effect.

Recurring Billing Authorization — Required

Today's charge: $142.50 (prorated from today through end of month)

Recurring charge: $285.00/month — charged automatically on the 1st of each month until you cancel

To cancel: Email info@bettercallsod.com, text CANCEL to (940) 326-5109, or call 940-222-5150 — effective before your next billing date, no additional charges

Pursuant to FTC Negative Option Rule 16 C.F.R. § 425 · EFTA 15 U.S.C. § 1693 · Regulation E 12 C.F.R. § 1005.10(b) · Texas DTPA Tex. Bus. & Com. Code § 17.46

↑ You must check this box to proceed with enrollment

Authorization and Consent

By enrolling in a Better Call Sod LLC recurring service subscription and affirmatively checking the auto-renewal consent box at the time of checkout, you expressly authorize Better Call Sod LLC to charge your payment method on file for your subscription fee on a recurring monthly basis until you cancel, in accordance with the following terms.

This authorization constitutes a preauthorized recurring electronic fund transfer and a written authorization for recurring charges under the Electronic Fund Transfer Act, 15 U.S.C. § 1693, and Regulation E, 12 C.F.R. § 1005.10(b). A copy of your authorization terms will be provided to you via email at the address on file at the time of enrollment.

Your electronic consent has the same legal effect as a handwritten signature pursuant to the Texas Uniform Electronic Transactions Act, Texas Business & Commerce Code Chapter 322.

What You Are Authorizing

By enrolling, you authorize Better Call Sod LLC to charge your payment method:

Annual Rate Lock

If you elect an annual rate lock at the time of enrollment, your monthly subscription rate will not increase for the duration of the 12-month lock period, beginning on your enrollment date. At the end of the rate lock period, your subscription will continue on a month-to-month basis at the then-current rate unless a new rate lock is agreed upon in writing. Early cancellation of an annual rate lock agreement is subject to an early termination fee equal to one (1) month's subscription fee, as disclosed at checkout and in the Terms of Service.

How to Cancel

Pursuant to the FTC Negative Option Rule, 16 C.F.R. Part 425, § 425.6, Better Call Sod LLC provides the following simple cancellation methods, each of which is as easy to use as the enrollment process:

Cancellations received before the next scheduled billing date (the 1st of the month) will be effective immediately and no further charges will apply. Cancellations received after a billing date has processed will take effect at the end of the current paid billing period. You will not be charged for a partial month following cancellation. Better Call Sod LLC will send written confirmation of your cancellation and the effective date within 2 business days of receiving your request.

You will not be required to speak with a retention specialist, complete a multi-step cancellation flow, or provide a reason for cancellation. One contact through any of the methods above is sufficient.

Failed Payments

If a scheduled recurring charge fails, Better Call Sod LLC will:

You are responsible for maintaining a valid payment method on file. Suspended accounts will be reactivated upon receipt of all past-due amounts. Accounts suspended for non-payment for more than 30 days may be terminated at Better Call Sod LLC's discretion, and reactivation may require a new enrollment and loss of any rate lock previously held.

Refunds on Cancellation

Monthly subscription fees are charged in advance for the upcoming service period. Upon cancellation:

Modification of Subscription Terms

Better Call Sod LLC reserves the right to modify subscription pricing, tier inclusions, or billing terms with at least 30 days advance written notice to you via SMS or email. If you do not wish to accept the modified terms, you may cancel your subscription before the effective date of the change with no early termination fee, regardless of any annual rate lock in effect.

Legal Basis

This auto-renewal authorization and these terms are governed by and comply with:


04 — Scheduling & Cancellation

Scheduling, Cancellation & Weather

Scheduling

Services are scheduled based on route density, equipment availability, and weather conditions. Better Call Sod LLC will make commercially reasonable efforts to perform recurring services within the scheduled service window. Exact arrival times are not guaranteed. You will receive a post-visit SMS confirmation after each service visit.

Client Cancellation — Recurring Services

You may cancel recurring services at any time by providing written notice via SMS, email, or telephone to Better Call Sod LLC at info@bettercallsod.com or 940-222-5150. Cancellations received before the next scheduled service date will be effective immediately and no further charges will apply. Annual rate lock agreements cancelled before the end of the agreement term are subject to an early termination fee equal to one (1) month's service fee, which the parties agree represents a reasonable estimate of damages and not a penalty.

Client Cancellation — One-Time Services

One-time service appointments cancelled with less than 24 hours' notice are subject to a $45.00 cancellation fee. Installation project cancellations are subject to the deposit policy described in Section 03.

Better Call Sod LLC Cancellation Rights

Better Call Sod LLC reserves the right to cancel, reschedule, or terminate any service appointment or ongoing service relationship due to: non-payment; abusive, threatening, or harassing conduct toward crew members or company representatives; unsafe property conditions that present a risk of injury to personnel; failure to provide required property access; or any other reasonable business cause. In the event of termination for cause, Better Call Sod LLC will provide a prorated refund of any unused prepaid services.

Better Call Sod LLC also reserves the right to cancel or reschedule any service due to severe weather, equipment failure, or circumstances beyond our reasonable control. We will make commercially reasonable efforts to notify you as soon as practicable and reschedule at the earliest available opportunity. Better Call Sod LLC is not liable for damages arising from weather-related or force majeure service delays or cancellations.

Weather and Site Conditions

Certain services, including pesticide and herbicide applications, may not be performed during rain, high wind, or when soil or surface conditions render application ineffective or unsafe pursuant to applicable label requirements and TDA regulations. Better Call Sod LLC will reschedule weather-affected services at no additional charge.

Property Access

Client is responsible for ensuring that Better Call Sod LLC personnel have safe, unobstructed access to the property on the scheduled service date. This includes unlocking gates, restraining or removing pets, and clearing the work area of vehicles, furniture, or debris that would prevent service. If Better Call Sod LLC cannot access the property on the scheduled date due to conditions within client's control, a $45.00 trip fee will apply.


05 — Satisfaction Guarantee & Warranty

Satisfaction Guarantee & Warranty

Service Satisfaction Guarantee

Better Call Sod LLC stands behind the quality of our work. If you are not satisfied with a recurring maintenance service visit, contact us within 48 hours of the service at info@bettercallsod.com or 940-222-5150, and we will return to re-perform the unsatisfactory portion of the service at no additional charge. This guarantee is limited to one complimentary return visit per original service visit.

Treatment Services

Chemical treatment services, including pesticide, herbicide, and fertilizer applications, are performed in accordance with label directions, TDA regulations under Texas Agriculture Code Chapter 76, and applicable professional standards. Because the effectiveness of treatment services is affected by weather, soil conditions, pest resistance, and factors outside our control, Better Call Sod LLC does not guarantee complete eradication of any pest or weed species from a single application.

Sod Installation

Sod installed by Better Call Sod LLC carries a 30-day establishment warranty from the date of installation, provided that: (a) client follows all written post-installation care instructions provided by Better Call Sod LLC, including watering schedules; (b) no unusual weather events, drought, flooding, or acts of God occur during the establishment period; and (c) client does not apply any chemical treatments to the new sod without written approval from Better Call Sod LLC. Warranty claims must be submitted within 30 days of installation. This warranty does not cover damage caused by pets, foot traffic, vehicles, or client neglect.

Refunds for Completed Services

Refunds for completed services are issued at the sole discretion of Better Call Sod LLC. Dissatisfaction with a completed service should be reported within 48 hours pursuant to the satisfaction guarantee above. Better Call Sod LLC's obligation upon a valid complaint is to re-perform the service, not to issue a monetary refund, except at our sole discretion.

Limitation of Warranty

THE WARRANTIES AND GUARANTEES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY BETTER CALL SOD LLC AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.


06 — Property, Risk & Liability

Property, Risk & Limitation of Liability

Pre-Existing Conditions

Better Call Sod LLC is not responsible for damage to or deterioration of pre-existing conditions on the property, including but not limited to: irrigation lines, sprinkler heads, or valves not identified during a prior system audit; underground utilities or improvements not disclosed by client pursuant to Texas Utilities Code Chapter 251; dead, dying, or structurally compromised trees or vegetation; lawn areas with pre-existing pest damage, disease, or soil deficiencies; and decorative features, edging, or landscape structures not visible at ground level during normal service conditions.

Proportionate Responsibility

To the extent permitted under Texas Civil Practice & Remedies Code Chapter 33, any damages awarded against Better Call Sod LLC shall be reduced in proportion to the percentage of responsibility attributable to any other party, including client, third parties, or pre-existing conditions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW, BETTER CALL SOD LLC'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO SERVICES PERFORMED, THIS AGREEMENT, OR ANY BREACH THEREOF — WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY — SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO BETTER CALL SOD LLC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

Exclusion of Consequential Damages

BETTER CALL SOD LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY SERVICES PERFORMED, INCLUDING BUT NOT LIMITED TO LOSS OF PROPERTY VALUE, LOSS OF PLANTINGS, COST OF REPLACEMENT LANDSCAPING, OR LOST PROFITS, EVEN IF BETTER CALL SOD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Insurance

Better Call Sod LLC maintains general liability insurance appropriate to our scope of operations. Proof of insurance is available upon written request to info@bettercallsod.com.

Indemnification

Client agrees to indemnify, defend, and hold harmless Better Call Sod LLC, its members, managers, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) client's failure to disclose private underground improvements pursuant to Texas Utilities Code Chapter 251; (b) client's failure to follow post-service care instructions; (c) unsafe property conditions not disclosed to Better Call Sod LLC prior to service; or (d) client's breach of these Terms of Service.


07 — Pesticide & Chemical Applications

Pesticide, Herbicide & Chemical Application Notices

TDA Disclosure Requirement

Better Call Sod LLC will be a licensed pesticide applicator under the Texas Department of Agriculture (TDA) pursuant to Texas Occupations Code Chapter 1951 and Texas Agriculture Code Chapter 76 prior to performing any chemical application service. In compliance with 4 Tex. Admin. Code § 7.23, we will provide written notice of any pesticide application prior to or at the time of application. This notice will identify the product applied, the EPA registration number, the target pest or condition, and any applicable re-entry interval requirements.

TDA License is Per Applicator

Pursuant to Texas Occupations Code Chapter 1951, the TDA Class 3A pesticide applicator license is held by a specific licensed individual. Better Call Sod LLC represents that any pesticide, herbicide, or fertilizer application will be performed by or under the direct on-site supervision of a currently licensed TDA Class 3A applicator. No employee or subcontractor of Better Call Sod LLC will perform regulated chemical applications without a valid license or direct licensed supervision.

Client Responsibilities

Client agrees to: (a) keep children, pets, and persons with chemical sensitivities off treated areas for the re-entry period stated on the product label and communicated by Better Call Sod LLC; (b) notify Better Call Sod LLC in writing before scheduling of any known chemical sensitivities or allergies of household members or pets; and (c) not apply any competing chemical products to treated areas without first consulting Better Call Sod LLC, as interactions between products may void treatment warranties and cause lawn damage.

Chemical Application Records

Pursuant to 4 Tex. Admin. Code § 7.24, Better Call Sod LLC will maintain application records for all regulated chemical services for a minimum of two (2) years. Records are available upon request.


08 — SMS, Email & Communications

SMS, Email & Communications

SMS Program — TCPA Compliance

By providing your mobile telephone number and opting in to our SMS program — whether through our website contact form, booking widget, service agreement, reply-YES to an initial SMS message, in-person consent at a recon or service visit, or through any other method by which you voluntarily provide your mobile number and consent to receive messages from Better Call Sod LLC — you consent to receive recurring automated and non-automated SMS and MMS text messages from Better Call Sod LLC for service confirmations, appointment reminders, post-visit summaries, seasonal service alerts, promotional offers, and account communications.

This consent is governed by the Telephone Consumer Protection Act, 47 U.S.C. § 227, and FCC regulations at 47 C.F.R. § 64.1200. Consent is not a condition of purchasing any service. Message and data rates may apply. You may receive up to ten (10) messages per month. Reply STOP to opt out at any time. Reply HELP for assistance. Opting out will not affect your ability to receive services.

Email Communications

By providing your email address, you consent to receive transactional emails including invoices, service confirmations, and account notices. Transactional communications cannot be opted out of while you are an active client with an outstanding service agreement or unpaid balance.

Communication Records

Better Call Sod LLC retains records of SMS and email communications for dispute resolution, service documentation, and regulatory compliance purposes. Retention periods are governed by our Privacy Policy.

Client Accuracy Responsibility

You are responsible for providing accurate and current contact information. Better Call Sod LLC is not liable for missed service confirmations or scheduling notices resulting from inaccurate or outdated contact information provided by client.


09 — Intellectual Property & Photography

Intellectual Property & Photography

Trade Name

"Better Call Sod" is the trade name of Better Call Sod LLC, a Texas limited liability company. Use of the Better Call Sod trade name, logo, or brand assets without written authorization is prohibited.

Website Content

All content on the Better Call Sod LLC website, including text, images, graphics, logos, pricing information, and service descriptions, is the property of Better Call Sod LLC and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any website content without our express written permission.

Photography and Marketing Use

Better Call Sod LLC may photograph completed work on client properties for use in marketing materials, our website, social media, and portfolio presentations. By engaging our services, you grant Better Call Sod LLC a non-exclusive, royalty-free license to photograph and use images of completed work on your property for these purposes, provided that no street address or personally identifying information about you or your household is included or identifiable in any published image. If you do not wish your property to be photographed for marketing purposes, you must notify Better Call Sod LLC in writing at the time of service engagement by sending written notice to info@bettercallsod.com.


10 — Yard of the Month

Yard of the Month Program

Program Description

Better Call Sod LLC operates an optional Yard of the Month recognition program at its sole discretion. The program is awarded on a schedule determined by Better Call Sod LLC and is not guaranteed to occur on any fixed frequency.

Eligibility

To be eligible to win the Yard of the Month award, a property must be an active monthly service subscriber of Better Call Sod LLC located within Denton County, Texas. No purchase is required to vote. No purchase is necessary to enter as a candidate — free entry is available by mailing a written request to: Better Call Sod LLC, 201 South Shady Shores Drive, Box 594, Lake Dallas, Texas 75065, pursuant to Texas Occupations Code § 621.003.

Winner Selection

Winners are selected through a hybrid process combining public vote and final selection by Better Call Sod LLC. Public voting is open to anyone and is not restricted to current clients. Better Call Sod LLC reserves final selection discretion in all cases, including in the event of tied votes, suspected ballot stuffing, or any other circumstance. The decision of Better Call Sod LLC is final and binding on all participants.

Prize

The Yard of the Month winner receives up to one hundred dollars ($100.00) in Better Call Sod LLC landscape services, applied as a credit to the winner's account. The prize has no cash value. The same client may be selected as winner more than once with no exclusion period. This prize value is disclosed pursuant to Texas Occupations Code § 621.101.

Yard Sign

Better Call Sod LLC may place a Yard of the Month sign on the winner's property for the duration of the award period. Better Call Sod LLC is solely responsible for installation and removal of the sign. Winner need not take any action regarding the sign. If a winner requests early removal of the sign, Better Call Sod LLC will honor that request within a commercially reasonable time. Winner's acceptance of the prize constitutes consent to sign placement.

Photography and Social Media

Better Call Sod LLC may photograph the winning property and publish images on its website, social media accounts including Nextdoor, Facebook, and Instagram, and in marketing materials. The winner's first name may be used in connection with published images. The property's street address will not be disclosed in any published content. By accepting the Yard of the Month award, winner consents to this use.

Program Modification and Cancellation

Better Call Sod LLC reserves the right to modify, suspend, or discontinue the Yard of the Month program at any time without notice, pursuant to Texas Business & Commerce Code § 17.46. Better Call Sod LLC's determination on all program matters, including eligibility, voting integrity, winner selection, and prize fulfillment, is final.


11 — Website Use

Website Use & Acceptable Conduct

Permitted Use

You may access and use the Better Call Sod LLC website for the sole purpose of learning about our services, requesting service, and managing your account. Any other use is prohibited without our express written consent.

Prohibited Conduct

You agree not to:

Website Availability

Better Call Sod LLC makes no warranty that the website will be available, uninterrupted, or error-free at all times. We reserve the right to modify, suspend, or discontinue the website at any time without notice.


12 — Dispute Resolution & Arbitration

Dispute Resolution, Arbitration & Governing Law

Please read this section carefully. It contains a binding arbitration clause and class action waiver that affect your legal rights.

Informal Resolution

Before initiating any formal dispute process, you agree to contact Better Call Sod LLC at info@bettercallsod.com or 940-222-5150 and provide a written description of the dispute and the resolution sought. Better Call Sod LLC will respond within ten (10) business days. Both parties agree to make a good-faith effort to resolve disputes informally before proceeding to arbitration.

Governing Law

These Terms of Service and any dispute arising out of or relating to these Terms, any services performed, or any aspect of the relationship between you and Better Call Sod LLC shall be governed exclusively by the laws of the State of Texas, without regard to conflict of law principles. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of the arbitration provisions of this agreement.

Mandatory Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT IN DENTON COUNTY, TEXAS, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, ANY SERVICE PERFORMED BY BETTER CALL SOD LLC, ANY INVOICE OR PAYMENT DISPUTE, ANY PROPERTY DAMAGE CLAIM, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH BETTER CALL SOD LLC — WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION AND NOT IN COURT, PURSUANT TO THE TEXAS ARBITRATION ACT, TEXAS CIVIL PRACTICE & REMEDIES CODE CHAPTER 171, AND THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ.

Arbitration shall be conducted by a single mutually agreed-upon arbitrator in Denton County, Texas, under the then-current Consumer Arbitration Rules of the American Arbitration Association (AAA). If the parties cannot agree on an arbitrator within 20 days of a demand for arbitration, the AAA shall appoint one. The arbitration shall be conducted in English. The arbitrator's award shall be final and binding. Judgment upon the award may be entered in any court of competent jurisdiction in Denton County, Texas.

Each party shall bear its own attorneys' fees and costs in arbitration, except that the arbitrator may award attorneys' fees to the prevailing party if the claim or defense was frivolous or brought in bad faith, as permitted under Texas Civil Practice & Remedies Code § 9.011.

Small Claims Court Exception

Either party may bring a claim in Denton County Justice of the Peace Court if the amount in controversy falls within that court's jurisdictional limits and the claim qualifies for that court's procedures. The arbitration clause does not apply to such small claims court proceedings.

Venue and Jurisdiction

For any dispute not subject to arbitration, including enforcement of an arbitration award, the parties irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Denton County, Texas.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND BETTER CALL SOD LLC EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. 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.

Statute of Limitations

ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR ANY SERVICES PERFORMED BY BETTER CALL SOD LLC MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR SUCH CLAIM SHALL BE PERMANENTLY BARRED. THIS SHORTENED LIMITATIONS PERIOD APPLIES NOTWITHSTANDING ANY CONTRARY PROVISION OF TEXAS CIVIL PRACTICE & REMEDIES CODE § 16.003 OR § 16.004.


13 — General Provisions

General Provisions

Entire Agreement

These Terms of Service, together with any written service agreement and our Privacy Policy, constitute the entire agreement between you and Better Call Sod LLC with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

Waiver

The failure of Better Call Sod LLC to enforce any provision of these Terms on any occasion shall not constitute a waiver of our right to enforce that or any other provision in the future. No waiver by Better Call Sod LLC shall be effective unless made in writing.

Assignment

You may not assign your rights or obligations under these Terms without the prior written consent of Better Call Sod LLC. Better Call Sod LLC may assign its rights and obligations under these Terms without restriction, including in connection with a sale or transfer of the business.

Force Majeure

Better Call Sod LLC is not liable for any failure or delay in performing services caused by circumstances beyond our reasonable control, including acts of God, severe weather, drought, flood, tornado, ice storm, power outages, supply chain disruptions, pandemics, or government orders.

Modifications to Terms

Better Call Sod LLC reserves the right to modify these Terms of Service at any time. When material changes are made, we will update the "Last Revised" date and provide notice via SMS or email to active clients at least 14 days before the changes take effect. Continued use of our services after the effective date of any modification constitutes your acceptance of the revised Terms.

Electronic Signatures

You agree that responding YES to an SMS service offer, submitting a contact or service request form online, making an online payment, or otherwise electronically confirming a service engagement constitutes your electronic signature and agreement to these Terms, with the same legal effect as a handwritten signature under the Texas Uniform Electronic Transactions Act, Texas Business & Commerce Code Chapter 322.

Accessibility

Better Call Sod LLC is committed to ensuring that its website is accessible to persons with disabilities in accordance with the Americans with Disabilities Act Title III, 42 U.S.C. § 12181, and applicable DOJ guidance referencing WCAG 2.1 AA standards. If you experience any difficulty accessing our website, please contact us at info@bettercallsod.com and we will make reasonable efforts to assist you.


14 — Contact

Contact

Better Call Sod LLC
201 South Shady Shores Drive, Box 594
Lake Dallas, Texas 75065
Denton County

Phone: 940-222-5150
Email: info@bettercallsod.com
Informal Dispute Response Time: Within 10 business days of written notice

For formal dispute notices, contact us by telephone and follow up in writing via SMS or email with a description of the dispute and the resolution you are seeking.

Better Call Sod LLC · Terms of Service v2.0 · Effective April 20, 2026
Corinth TX 76210 · Denton County · Governed by Texas Law