Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the website operated by the National Mobile Services Contractors Association (“NMSCA,” “we,” “us,” or “our”) (the “Site”). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Site.

We may modify these Terms at any time. We will post the updated Terms on this page and update the “Last updated” date. Your continued use of the Site after changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Site.

2. Eligibility and Use

You represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into these Terms. You agree to use the Site only for lawful purposes and in accordance with these Terms.

3. Description of the Site

The Site provides general information about NMSCA, its member companies, mobile catering and shower services, and related topics. Content is for informational purposes only and may be updated or removed without notice. The Site does not create a contractual relationship between you and NMSCA or any member company except as expressly stated in a separate written agreement.

4. No Professional Advice

Information on the Site is not legal, financial, insurance, safety, or operational advice for any specific incident, contract, or deployment. You should consult appropriate professionals (including legal counsel) before relying on Site content for business or compliance decisions.

5. User Conduct

You agree not to:

• Use the Site in any way that violates applicable federal, state, or local law or regulation;
• Attempt to gain unauthorized access to the Site, systems, networks, or data;
• Introduce malware, viruses, or harmful code;
• Scrape, harvest, or collect user data without consent where prohibited;
• Impersonate any person or entity or misrepresent your affiliation;
• Interfere with or disrupt the Site or servers; or
• Use the Site to harass, abuse, or harm others.

We reserve the right to suspend or terminate access for conduct we believe violates these Terms or harms NMSCA, users, or third parties.

6. Intellectual Property

The Site and its content (including text, graphics, logos, images, and layout) are owned by NMSCA or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from the Site or its content without our prior written permission, except as allowed by law for limited personal, non-commercial use.

7. Third-Party Links and Member Listings

The Site may link to third-party websites or display information about member companies. Those third parties are independent of NMSCA. We do not control and are not responsible for third-party content, products, or services. Inclusion of a member or link does not constitute an endorsement. Your dealings with third parties are solely between you and them.

8. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NMSCA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, our warranties are limited to the maximum extent permitted by law.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NMSCA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NMSCA’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID NMSCA (IF ANY) FOR ACCESS TO THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow certain limitations of liability; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless NMSCA and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law and Venue

These Terms and any dispute arising out of or related to the Site or these Terms shall be governed by the laws of the United States and the laws of the State in which NMSCA maintains its principal place of business, without regard to conflict-of-law principles that would require application of another jurisdiction’s laws.

Subject to applicable law, you agree that exclusive jurisdiction and venue for any dispute shall lie in the state or federal courts located in that State, and you consent to personal jurisdiction there.

12. General Provisions

• Entire agreement. These Terms and the Privacy Policy constitute the entire agreement between you and NMSCA regarding the Site.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• No waiver. Failure to enforce any right or provision does not waive that right or provision.
• Assignment. You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

13. Contact

For questions about these Terms, contact:

National Mobile Services Contractors Association (NMSCA)
Email: info@nmsca.com
Phone: 1.800.673.9721