Terms of Service

Effective Date: July 11, 2025
Last Updated: July 11, 2025

Welcome to the North American Logistics (“NAL”, “Company”, “we”, “us”, “our”) website. These Terms of Service (“Terms”) govern your access to and use of our website (the “Site”) and any services, equipment, and logistical support we provide (collectively, the “Services”).

By accessing the Site or engaging our Services, you (“User”, “Client”, “you”) agree to be bound by these Terms. For Clients entering into formal engagements, these Terms are supplemented by a Master Service Agreement (MSA), government contract vehicle, or specific Equipment Rental Agreement, which shall govern in the event of any conflict.

1. Website and Content Use

1.1 Intellectual Property

All content on this Site—including text, graphics, logos, images, articles, white papers, and their arrangement—is the exclusive property of NAL and is protected under U.S. and international copyright, trademark, and other intellectual property laws.

1.2 Permitted Use

You may view, download, and print content for personal, non-commercial use, provided you retain all copyright and proprietary notices. You may not:

  • Modify, copy, distribute, transmit, or reproduce content.
  • Create derivative works or use content for commercial purposes.
  • Use any automated tools (e.g., bots, crawlers, scrapers) to extract data from the Site without our express written consent.

1.3 Informational Disclaimer

The materials on our Site are provided for informational purposes only and do not constitute professional advice. While we strive for accuracy, we make no representations or warranties regarding completeness or reliability.

2. Scope of Services

NAL provides mission-critical logistical and material support to government agencies and prime contractors responding to emergency and disaster events. Our services include, but are not limited to:

  • Base Camp and Command Center solutions (excluding culinary services)
  • Rental and procurement of specialized equipment
  • Logistical planning, coordination, and execution
  • Site services such as power, sanitation, potable water, and communications

All Services are subject to the terms of an executed agreement.

3. Equipment and Service Provisions

Unless otherwise stated in an MSA or governing contract, the following provisions apply:

3.1 Equipment

NAL shall provide, and Client shall rent, the equipment described in the applicable work order or contract (“Equipment”). All Equipment is professionally maintained and operational at the time of deployment.

3.2 Period of Performance

The rental or service period (“Period of Performance”) shall be defined in the applicable work order.

3.3 Fees and Payment

All fees, surcharges (e.g., delivery, demobilization, fuel), and applicable taxes will be itemized in the work order or contract. Payment terms will be stated therein.

3.4 Late Returns and Standby

If Equipment is retained beyond the Period of Performance without authorization, NAL may assess standby or late fees, up to 1.5× the daily rental rate. NAL reserves the right to pursue legal or equitable remedies for unauthorized retention.

3.5 Insurance and Risk of Loss

  • Client Responsibility: Client shall maintain property insurance for the Equipment’s full replacement value and commercial general liability insurance with minimum limits of $1,000,000 per occurrence.
  • Certificate of Insurance: Client must provide a certificate of insurance naming NAL as an Additional Insured and Loss Payee.
  • Self-Insured Clients: Public entities that are self-insured may submit equivalent documentation acceptable to NAL.
  • Risk of Loss: Client assumes all risk of loss or damage (excluding normal wear and tear) from deployment until return.

3.6 Use, Maintenance, and Safety

  • Equipment must be used prudently, in accordance with manufacturer guidelines and all applicable laws (including OSHA regulations).
  • Misuse includes operation by untrained or unauthorized personnel.
  • Routine maintenance (e.g., fueling, fluid checks) is the Client’s responsibility.
  • Major repairs or modifications require NAL’s written approval.

3.7 Condition Upon Return

Client shall return Equipment in substantially the same condition, less reasonable wear. Client is responsible for repairs due to misuse, negligence, or accident.

4. Indemnification

Client agrees to indemnify and hold harmless North American Logistics, its officers, directors, employees, and agents against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Client’s use, operation, or possession of the Equipment
  • Breach of these Terms or governing agreements

5. Limitation of Liability

NAL SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR MISSION FAILURE). NAL’S TOTAL LIABILITY UNDER ANY WORK ORDER SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT FOR THAT ORDER.

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability). However, this limitation does not apply to damages resulting from gross negligence or willful misconduct.

6. Confidentiality

Each party may receive confidential or sensitive information from the other. Both parties agree:

  • Not to disclose such information to third parties without prior written consent.
  • To protect the information with at least the same level of care as they would their own.

These obligations survive for five (5) years beyond the termination of any service relationship.

7. Termination

NAL may terminate services for cause with written notice if the Client breaches any material term, including payment obligations. Other termination rights, including for convenience (as in government contracts), will be specified in the governing MSA or work order.

NAL also reserves the right to suspend services pending resolution of any material dispute or breach.

8. General Provisions

8.1 Governing Law

These Terms and any associated agreements are governed by the laws of the State of Montana.

8.2 Dispute Resolution

Disputes shall be resolved through binding arbitration in Gallatin County, Montana, under the rules of the American Arbitration Association.

Either party may seek injunctive or equitable relief in court to protect confidential information or intellectual property.

8.3 Force Majeure

NAL shall not be liable for any failure or delay due to causes beyond its control, including but not limited to natural disasters, war, terrorism, labor disruptions, civil unrest, or the very emergencies to which NAL is responding.

8.4 Entire Agreement

These Terms, together with any applicable MSA or executed contract, constitute the entire agreement between the parties.

8.5 Severability

If any provision is deemed invalid or unenforceable, the remainder of the Terms shall remain in effect.

8.6 Notices

All notices shall be in writing and delivered to the addresses specified in the governing contract or as listed on the Site. Notices may be sent electronically if authorized in writing by both parties.

8.7 Relationship of the Parties

NAL operates as an independent contractor. Nothing in these Terms creates a partnership, agency, or joint venture.

9. Privacy

Use of our Site may involve the submission of personal information. Please review our Privacy Policy for details on how we collect, use, and store data.