TERMS AND CONDITIONS OF SERVICE
PineStraw Club and Pinestraw Installations Subscriber Agreement
Effective Date: 07/13/26
Version: 2026-07, effective July 13, 2026
Pinestraw America, LLC
111 Lone Wolf Drive, Madison, MS 39110
601-658-0045
Published at: https://pinestrawamerica.com/terms
1. Parties and Definitions
These Terms and Conditions (“Agreement”) are entered into by and between the subscriber/customer (“Subscriber”) and Pinestraw America, LLC, a Mississippi limited liability company (“Company” or “Pinestraw America”).
Defined Terms:
Annual Term – Twelve (12) months commencing on the subscription start date stated on the Subscriber’s signed enrollment quote or agreement.
Renewal Date – The day immediately following the end of the then-current Annual Term.
Installation – Delivery and spreading of the contracted quantity of pine straw at the service address.
Posted Retail Rate – The Company’s then-current one-time installation price per roll (labor and product included), as published at pinestrawamerica.com or stated on the Subscriber’s quote.
Contracted Services – All installations scheduled under the Subscriber’s plan tier for the Annual Term, as stated on the signed enrollment quote.
Early Cancellation Charge – The amount calculated in Section 7(c).
Notice Methods – U.S. mail or hand delivery to Pinestraw America, LLC, 111 Lone Wolf Drive, Madison, MS 39110. Certified mail, return receipt requested, to the same address serves as the fallback proof method.
2. Scope of Service
The PineStraw Club subscription includes the plan tier, number of installations per year, rolls per installation, and service address stated on the Subscriber’s signed enrollment quote or agreement. That quote is incorporated into this Agreement. Services not listed on the quote are not included unless agreed in writing under Section 18.
3. Binding Arbitration
Any dispute arising under this Agreement shall be subject to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or JAMS if AAA is unavailable. The seat of arbitration shall be Madison County, Mississippi.
High-Low Provision. The arbitration shall include a high-low provision as follows: High: $2,000. Low: $0, unless otherwise determined by the arbitrator.
The high-low provision shall not apply to the Company’s claims for Early Cancellation Charges, discount clawback (retail reconfiguration), the flat cancellation fee, unpaid balances, or amounts owed under Section 7 or Section 10, all of which are recoverable in full. The high-low provision applies only to the Subscriber’s affirmative claims against the Company.
Class Action Waiver. The parties agree to resolve disputes only on an individual basis. No class, collective, or representative actions are permitted.
Jury Trial Waiver. Each party knowingly and voluntarily waives any right to a trial by jury.
Fees. Each party shall bear its own attorneys’ fees unless the arbitrator awards fees to the prevailing party under applicable law. The Company’s fee-shifting provision applies only to claims the Subscriber brings against the Company, not to the Company’s collection of amounts owed under Section 7 or Section 10. If the arbitrator finds in favor of the Company on the Subscriber’s claims, the Subscriber shall pay the Company’s arbitration costs and expenses.
Should arbitration be found invalid or unenforceable, jurisdiction and venue shall lie exclusively with the Circuit Court of Madison County, Mississippi.
4. Consideration
Subscriber acknowledges and agrees that the consideration provided by Pinestraw America includes: delivery and installation of pine straw at reduced pricing; a discounted annual subscription price payable in monthly installments for administrative convenience, with no interest or finance charge; and ongoing efforts to ensure service quality despite unknown future variables including, but not limited to: acts of God, labor law changes, supply chain disruptions, health emergencies, and similar events.
The monthly installment option is a payment schedule for the annual subscription price and does not constitute a loan or extension of credit. The Company documents service-quality efforts through internal review processes, including regular “Cares and Concerns” meetings.
5. Auto-Renewal of Terms and Conditions
This Agreement renews automatically on a monthly basis for terms and conditions, and annually for the subscription service. Each monthly publication of these Terms and Conditions shall bear a version identifier and effective date (e.g., “Version 2026-07, effective July 1, 2026”). Prior versions are archived and publicly available at pinestrawamerica.com/terms-and-conditions/archive.
Terms and conditions are subject to change monthly and are published at the URL provided above. By making a payment—whether manually or through automatic bank draft—the Subscriber affirms they have read, understood, and agreed to the then-current Terms and Conditions posted on the Company’s website. It is the responsibility of the Subscriber to review the updated terms prior to payment. Failure to do so does not excuse compliance. Payment, or lapse of 30 days, whichever occurs first, constitutes binding agreement to the then-current terms.
Notwithstanding the monthly update of these Terms and Conditions, service pricing remains fixed for the duration of the current Annual Term and is subject to change only at renewal as described in Section 6.
6. Pricing and Renewal
All service pricing (labor and pine straw product) is fixed for the duration of the then-current Annual Term and will not change mid-term, notwithstanding any monthly updates to these Terms and Conditions.
At renewal, pricing may change. A renewal quote reflecting the new rate shall be emailed to the Subscriber at least 30 days prior to the Renewal Date. If the Subscriber does not deliver a valid notice of non-renewal under Section 7(a) at least 30 days before the Renewal Date, continued payment constitutes acceptance of the renewal pricing. If no renewal quote is sent, the prior contract quantity renews at the prior term’s rate.
Changes in property (e.g., additional landscaping) shall not void this Agreement and may result in increased costs upon renewal or written modification under Section 18.
7. Cancellation and Non-Renewal
a. Non-Renewal (no fee). To end the subscription at the conclusion of the current Annual Term, the Subscriber must deliver written notice of non-renewal at least 30 days before the Renewal Date, using the Notice Methods only. No cancellation is effective by verbal, email, electronic, or other informal communication. Timely non-renewal notice ends the Agreement at term-end with no cancellation fee or clawback.
b. Early Cancellation (during a term). Except as provided in the Right to Cancel (Cooling-Off) clause (Section 8) or Section 7(f), if the Subscriber cancels before the end of the then-current Annual Term—in any term year—the Early Cancellation Charge in Section 7(c) applies, using the Notice Methods only.
c. Early Cancellation Charge. Early Cancellation Charge = (total retail value of all Contracted Services, both performed and remaining, at the Posted Retail Rate) − (total amounts already paid by the Subscriber) + a flat $250 cancellation fee. Equivalently: services already performed are reconfigured at retail and offset by payments made (recovering the subscription discount); all remaining Contracted Services are charged at retail; and a $250 fee is added.
d. Reliance. The Subscriber acknowledges that, upon execution of this Agreement, the Company procures pine straw inventory and allocates labor, scheduling, and operational capacity to fulfill the full contracted term. The retail charge for unperformed services reflects the Company’s reliance and reasonable liquidated damages, not a penalty, and the Subscriber agrees such amounts are a fair estimate of the Company’s losses upon early cancellation.
e. Interest. Any unpaid Early Cancellation Charge shall accrue interest at 8% per annum, simple interest, from the date of cancellation until paid in full.
f. Company Material Breach. If the Company fails to perform a scheduled installation without reasonable cause and does not cure within thirty (30) days after written notice from the Subscriber (using the Notice Methods), the Subscriber may cancel the remainder of the then-current term without the Early Cancellation Charge or clawback. This does not waive amounts already owed for services performed. Force majeure events under Section 19 are not a material breach.
8. Right to Cancel (Cooling-Off)
Because this Agreement is signed at a location other than the Company’s principal place of business, the Subscriber may cancel this transaction, without penalty or obligation, at any time before midnight of the third (3rd) business day after the date of signing.
To cancel, the Subscriber must sign and date the Notice of Cancellation provided at signing (or any written notice of intent to cancel) and deliver it by mail or hand delivery to Pinestraw America, LLC, 111 Lone Wolf Drive, Madison, MS 39110.
At signing, the Subscriber receives the completed Agreement and a separate Notice of Cancellation electronically (and by mail if requested). Electronic delivery satisfies the Company’s obligation to furnish copies at the time of sale.
Upon timely cancellation within this period, the Company will refund all payments made within the time required by law and this transaction will be void. Cancellations after this three-day period are governed by Section 7.
9. Compliance with Mississippi Excavation Laws
The Company will comply with Miss. Code Ann. Title 77, Chapter 13 and Mississippi 811 (“Call Before You Dig”) requirements before disturbing soil in the course of installation. The Subscriber agrees to provide reasonable access to the property and to disclose known underground utilities, irrigation, or hazards. The Subscriber shall not interfere with the Company’s ability to perform the installation in compliance with applicable excavation laws.
10. Payment Terms
All payments are deemed the property of Pinestraw America upon receipt. Funds are not held in trust and are not refundable except as explicitly stated herein. Payments constitute consideration for services rendered or prepared.
Autopay Authorization. The Subscriber authorizes the Company to charge the payment method on file for all amounts due under this Agreement, including subscription installments, Early Cancellation Charges, and other fees. Authorization continues until cancellation is effective under Section 7 or Section 8.
Failed Payments. If a payment fails, the Company may retry the charge and assess a $40 returned-payment fee per failed attempt. After fifteen (15) days past due, the Company may suspend scheduled service until the account is current. Suspension does not waive the Subscriber’s payment obligations or term commitment.
Non-Payment. If the account remains past due for thirty (30) days after notice, the Company may treat the Agreement as breached and pursue amounts owed under Section 7 and this Section.
11. On-Site Service Limitations
No additional work may be requested from field workers at the time of service. All service inquiries or emergency concerns must be sent to operations@pinestrawamerica.com or the phone number listed on the terms of service webpage. Emergency issues may justify immediate cessation of work but shall not void or alter contract obligations.
12. Communications and Delivery of Information
The Subscriber consents to receiving contracts, quotes, and legal communications via digital platforms such as Jobber, HubSpot, Google, Facebook, Meta, and traditional email. All such transmissions are deemed valid and enforceable.
Marketing. The Subscriber grants the Company a non-exclusive license to photograph the completed installation and use such photographs for marketing and promotional purposes (including website, social media, and print materials), unless the Subscriber opts out by checking the opt-out box at enrollment or by written notice to HQ using the Notice Methods.
13. Obstruction to Performance
If the Subscriber impedes performance (e.g., denies access, alters landscape), all costs, including lost profits and resource reallocation, are borne by the Subscriber.
14. Hazardous Conditions
The Subscriber shall ensure a safe installation environment and shall indemnify and hold harmless Pinestraw America from claims arising from hazardous conditions caused by the Subscriber or present on the property through no fault of the Company, including injury or property damage to third parties, except to the extent caused by the Company’s gross negligence or willful misconduct. Nothing in this section limits the Company’s obligation to maintain insurance for its operations.
15. Service Warranty and Disclaimer
Service Warranty. The Company warrants that installations will be performed in a workmanlike manner consistent with industry standards. The Subscriber must report any installation concern within seven (7) days of the visit to operations@pinestrawamerica.com. The Company will re-inspect and, at its option, correct qualifying issues at no additional charge.
Disclaimer. EXCEPT AS STATED ABOVE, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Pine straw is a natural product; color, density, and decomposition vary with weather and season.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY THE SUBSCRIBER TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE COMPANY’S OBLIGATIONS TO PERFORM SCHEDULED INSTALLATIONS, AMOUNTS OWED BY THE SUBSCRIBER UNDER SECTION 7, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.
17. Assignment
Pinestraw America may assign its rights or delegate its obligations under this Agreement without consent. The Subscriber may not assign any rights or obligations without prior written consent from Pinestraw America.
18. Modifications
Requests for contract modification must be submitted in writing by mail or hand delivery to Pinestraw America, LLC, 111 Lone Wolf Drive, Madison, MS 39110. No modification is effective unless expressly agreed to in writing by both parties.
19. Force Majeure
Neither party is liable for delay or failure to perform due to events beyond reasonable control, including severe weather, acts of God, labor shortages, supply chain disruption, government orders, or utility failures. The Company may reschedule affected installations without penalty.
If force majeure prevents the Company from performing scheduled installations for ninety (90) consecutive days, the Subscriber may cancel the remainder of the then-current term without Early Cancellation Charge or clawback, upon written notice using the Notice Methods. Partial performance during the period does not reset the clock unless the Company resumes regular service.
20. Privacy
The Company’s collection and use of Subscriber personal information is described in the Privacy Policy published at pinestrawamerica.com/privacy (or as otherwise published). By enrolling, the Subscriber acknowledges that policy.
21. Severability and Integration
If any provision is found unenforceable under Mississippi law, the remainder shall remain in effect. This Agreement constitutes a fully integrated document enforceable as if executed in person or electronically.
22. Choice of Law and Venue
This Agreement shall be governed by the laws of the State of Mississippi. Venue for any unresolved dispute shall be the Circuit Court of Madison County, Mississippi, should arbitration fail or be deemed invalid.
23. Annual Contract Term; Monthly Terms Update Acknowledgment
The PineStraw Club subscription renews on an annual basis. All primary service obligations under this Agreement are for a one-year term commencing on the date the Subscriber executes the subscription agreement. However, the Subscriber expressly acknowledges and agrees that the Terms and Conditions may be updated on a monthly basis and that such updates shall be binding upon the Subscriber for the remainder of the contract term, subject to the pricing lock in Section 6.
The Subscriber agrees that any payment made to the Company—whether by automatic draft or manual submission—constitutes affirmative acknowledgment and agreement to the updated Terms and Conditions then in effect at the time of payment.
These monthly updates are published at pinestrawamerica.com/terms. The Subscriber has a continuing duty to review them and understands that no additional notice of change is required beyond publication. Prior versions are archived and publicly available at pinestrawamerica.com/terms-and-conditions/archive. Submission of payment during the term of the contract, including any automatic payment, shall be deemed an acknowledgment and agreement to the updated monthly terms.
Acknowledgment
By making payment or continuing with the subscription, the Subscriber acknowledges they have read, understood, and agreed to be bound by these Terms and Conditions.
For any questions or to request a written copy of these Terms and Conditions, please write to:
Pinestraw America, LLC
111 Lone Wolf Drive
Madison, MS 39110
Certified Mail, Return Receipt Requested (optional proof method)