Terms of Use

1. ACCEPTANCE OF TERMS

By accessing or using the website located at https://dtedirtms.com (the "Website"), contacting Down to Earth Dirt Work, LLC, requesting a quote or estimate, scheduling or receiving services, submitting any form on our Website, or otherwise engaging with our company in any manner, you ("User," "Customer," or "you") agree to be legally bound by these Terms of Use ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU MUST IMMEDIATELY CEASE USE OF OUR WEBSITE AND REFRAIN FROM ENGAGING OUR SERVICES.

These Terms of Use constitute a legally binding agreement between you and Down to Earth Dirt Work, LLC, a limited liability company organized and existing under the laws of the State of Mississippi, with its principal place of business in Pearl, Mississippi. These Terms, together with our Privacy Policy available separately on our Website, constitute the entire legal framework governing your relationship with our company.

We reserve the right to update or modify these Terms at any time. Your continued use of our Website or services after any changes become effective constitutes your acceptance of the revised Terms.

2. DESCRIPTION OF SERVICES

Down to Earth Dirt Work, LLC provides professional excavation and earthwork contracting services in Pearl, Mississippi and the surrounding region. Our services include, but are not limited to:

• Excavation and Site Preparation
• Land Grading and Leveling
• Drainage Solutions and Stormwater Management
• Driveway Construction and Culvert Installation
• Land Clearing
• Pond and Lake Construction
• Hauling and Material Delivery

All services are subject to project availability, site conditions, weather, equipment availability, and execution of any required written agreements between the parties. Down to Earth Dirt Work, LLC reserves the right to decline any service request at its sole and absolute discretion, without liability.

3. USE OF THE WEBSITE

a. Permitted Use

You may use our Website for lawful purposes only, including to learn about our services, request information or quotes, contact us, and review our published content. You represent and warrant that you are at least 18 years of age and that your use of the Website complies with all applicable laws.

b. Prohibited Conduct

You agree not to:

• Use the Website in any manner that violates applicable local, state, federal, or international laws or regulations
• Transmit unsolicited or unauthorized advertising, promotional materials, spam, or chain letters
• Attempt to gain unauthorized access to any portion of the Website, our servers, computer systems, or related infrastructure
• Interfere with or disrupt the integrity, performance, or security of the Website or its users
• Use any automated tool, bot, scraper, crawler, or data mining technology to extract data from or interact with the Website
• Impersonate any person or entity or falsely represent your affiliation with any person or entity
• Upload, transmit, or distribute any content that is harmful, defamatory, obscene, fraudulent, or otherwise objectionable

c. Accuracy of Website Content

We make reasonable efforts to ensure that the information published on our Website is accurate and current. However, we make no warranties or representations regarding the accuracy, completeness, currency, or reliability of any content on the Website. Service descriptions, availability, and estimated pricing are subject to change at any time without notice.

d. Third-Party Links

Our Website may contain hyperlinks to third-party websites. These links are provided solely for your convenience and do not constitute an endorsement, approval, or recommendation of those websites or their content. We accept no responsibility or liability for them or for any loss or damage that may arise from your use of or reliance on them.

4. QUOTES AND ESTIMATES

Any quote, bid, estimate, or proposal provided by Down to Earth Dirt Work, LLC - whether delivered verbally, in writing, by email, by text message, or through our Website - is based on the information available to us at the time the estimate is prepared and is subject to change.

Quotes and estimates are not binding contracts or offers of contract. No agreement for services shall exist between you and Down to Earth Dirt Work, LLC until a separate written agreement or project contract has been prepared and signed by an authorized representative of our company.

Changes to project scope, unforeseen site conditions, subsurface obstructions, changes in material costs, labor requirements, weather-related complications, or other factors may result in adjustments to the final cost of services beyond the original estimate. We will make commercially reasonable efforts to notify you of any material cost changes before proceeding with work that would cause such overruns, where reasonably practicable.

5. PAYMENT TERMS

a. Payment Methods

We accept payment via credit card, debit card, and other methods as communicated at the time of service. Payments processed through our Website are handled by Stripe, Inc., a PCI-DSS compliant payment processor. By submitting payment information, you represent that you are authorized to use the payment method provided and you authorize us to charge the agreed-upon amount to that payment method.

b. Deposits

Certain projects may require a deposit prior to commencement of work. Deposit amounts, due dates, and refund terms (if any) will be specified in your written project agreement. Deposits may be non-refundable once work has been scheduled or materials/equipment have been mobilized, as specified in the project agreement.

c. Final Payment

Unless otherwise agreed upon in writing, final payment for services rendered is due upon substantial completion of the work. Failure to remit payment when due may result in suspension of services, assessment of late payment fees, referral of the outstanding balance to a collections agency, and/or the exercise of any applicable lien rights under Mississippi law.

d. Disputed Charges

If you believe a charge is incorrect or unauthorized, you must notify us in writing at support@dtedirtms.com within ten (10) calendar days of the charge date, providing a detailed description of your dispute. We will investigate and respond to billing disputes within a commercially reasonable timeframe. Initiating a chargeback with your financial institution without first contacting us may be considered a breach of these Terms.

6. PROJECT SCHEDULING, DELAYS, AND CANCELLATIONS

a. Scheduling

All project scheduling is subject to equipment availability, crew availability, current project load, permitting, weather conditions, and other factors. We will make commercially reasonable efforts to begin and complete projects within the timeframe communicated to you, but we do not guarantee specific start or completion dates unless expressly committed in a written project agreement.

b. Weather and Force Majeure

Excavation, grading, drainage, and related earthwork services are inherently weather-dependent. We are not liable for project delays caused by rain, flooding, drought, extreme temperatures, tornadoes, acts of God, natural disasters, supply chain disruptions, material shortages, equipment breakdowns, labor disruptions, government orders, pandemics, or any other circumstances beyond our reasonable control ("Force Majeure Events"). In the event of a Force Majeure delay, we will resume work as soon as reasonably practicable.

c. Customer-Initiated Cancellations

If you wish to cancel a scheduled project or service, please notify us as promptly as possible by calling (601) 706-8862 or emailing support@dtedirtms.com. Cancellation terms, including any applicable cancellation fees, will be governed by your written project agreement. Cancellations made after work has commenced, after equipment has been mobilized to the project site, or after materials have been ordered or delivered on your behalf may result in cancellation charges to cover costs already incurred.

d. Company-Initiated Cancellations or Rescheduling

We reserve the right to cancel, postpone, or reschedule any scheduled project at any time due to safety concerns, weather conditions, equipment failure, crew availability, or other operational circumstances. In such cases, we will provide you with as much advance notice as reasonably practicable and will work with you in good faith to establish a mutually agreeable alternative schedule.

7. CUSTOMER RESPONSIBILITIES

As a condition of engaging our services, you agree to:

• Provide accurate, complete, and timely information regarding the project site, property boundaries, existing structures, and the desired scope of work
• Ensure that a utility locate request has been submitted to Mississippi 811 (dial 811) and that all underground utilities have been marked by the appropriate utility companies prior to the commencement of any excavation, digging, or earthwork. YOU BEAR SOLE RESPONSIBILITY FOR ANY DAMAGE TO UNMARKED OR INCORRECTLY MARKED UTILITIES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS REQUIREMENT.
• Disclose any known or suspected site hazards, including but not limited to underground storage tanks, buried debris, contaminated soil, wetlands, easements, or other conditions that may affect the safety or feasibility of the work
• Obtain, at your own cost and expense, all permits, approvals, easements, right-of-way authorizations, and other governmental or regulatory permissions required for the performance of the work, unless our written project agreement expressly assigns this responsibility to our company
• Provide safe and unobstructed site access for our equipment, personnel, and vehicles during working hours
• Ensure that pets, children, and unauthorized persons are kept clear of the work area during all phases of the project

Failure to fulfill these responsibilities may result in project delays, additional costs, or termination of the project agreement, and you may be held liable for any resulting damages.

8. INTELLECTUAL PROPERTY

All content published on or through our Website - including but not limited to text, written copy, graphics, logos, photographs, images, video content, audio content, design elements, and software - is the exclusive property of Down to Earth Dirt Work, LLC or its respective content licensors and is protected by applicable United States copyright, trademark, trade dress, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website for its intended purpose. No content from our Website may be reproduced, copied, distributed, modified, publicly displayed, republished, uploaded, transmitted, or used to create derivative works without the express prior written consent of Down to Earth Dirt Work, LLC. Unauthorized use of our content may constitute infringement and may subject the infringing party to civil and/or criminal liability.

9. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DOWN TO EARTH DIRT WORK, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (C) WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR FREE FROM OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS PUBLISHED ON OR THROUGH OUR WEBSITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOWN TO EARTH DIRT WORK, LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE - ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE OUR WEBSITE, YOUR ENGAGEMENT OF OUR SERVICES, OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DOWN TO EARTH DIRT WORK, LLC FOR THE SPECIFIC SERVICES DIRECTLY GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM ARISES; OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

11. INDEMNIFICATION

You agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Down to Earth Dirt Work, LLC, and its members, managers, officers, employees, agents, subcontractors, successors, and assigns from and against any and all third-party claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

1. Your use of or access to our Website;
2. Your breach or alleged breach of any provision of these Terms;
3. Your violation of any applicable law, rule, or regulation;
4. Your violation of any third-party right, including any intellectual property right or privacy right;
5. Any inaccurate, incomplete, or misleading information you provided to us in connection with a service request;
6. Your failure to obtain required governmental permits or approvals;
7. Your failure to have underground utilities located and marked prior to excavation; or
8. Your failure to disclose known or suspected site hazards.

12. SMS MESSAGING TERMS OF SERVICE

This section constitutes the standalone terms governing our SMS messaging program and supplements the A2P compliance disclosures in our Privacy Policy.

13. GOVERNING LAW AND JURISDICTION

These Terms of Use and any dispute, claim, or controversy arising out of or relating to these Terms, our Privacy Policy, our Website, or our services shall be governed by and construed in accordance with the laws of the State of Mississippi, without giving effect to any conflict of law or choice of law principles.

You irrevocably agree and consent to submit to the personal and exclusive jurisdiction of the state courts of Rankin County, Mississippi and the United States District Court for the Southern District of Mississippi for the adjudication of any dispute not subject to arbitration under Section 14.

14. DISPUTE RESOLUTION AND ARBITRATION

a. Informal Resolution (Mandatory Pre-Condition)

Before initiating any formal legal or arbitration proceeding, the party asserting a dispute must first provide written notice to the other party describing the nature and basis of the claim and the specific relief sought. The parties agree to negotiate in good faith for a period of no less than thirty (30) calendar days from the date such written notice is received. Written notice to us must be sent to support@dtedirtms.com.

b. Binding Arbitration

If the parties are unable to resolve the dispute informally within the 30-day period described above, any controversy, claim, or dispute arising out of or relating to these Terms, our Privacy Policy, or our services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its then-current Commercial Arbitration Rules. Arbitration shall take place in Rankin County, Mississippi or via videoconference by mutual agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

c. Class Action and Collective Action Waiver

YOU AND DOWN TO EARTH DIRT WORK, LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING OF ANY KIND. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN OR RECEIVE RECOVERY FROM ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

d. Exceptions to Arbitration

Notwithstanding the above, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or enjoin actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights where irreparable harm would result. Such court actions shall be subject to the jurisdiction provision of Section 13.

15. SEVERABILITY

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision shall be modified to the minimum extent necessary to render it enforceable, or if modification is not possible, it shall be severed from these Terms without affecting the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

16. WAIVER

No waiver by Down to Earth Dirt Work, LLC of any right or provision in these Terms shall be deemed a waiver of any other right or provision, nor shall any waiver on one occasion constitute a waiver of that same right on any future occasion. Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision in the future.

17. ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy available separately on our Website and any written project agreement or service contract entered into between you and Down to Earth Dirt Work, LLC, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior and contemporaneous agreements, communications, representations, warranties, understandings, and negotiations, whether oral or written, between the parties relating to such subject matter.

18. CONTACT INFORMATION - LEGAL NOTICES

All legal notices, questions, concerns, or communications under these Terms of Use should be directed to: