Last Updated: [date]
These Terms and Conditions (the “Terms”) govern your access to and use of the website located at nationalworks.com, together with all pages, content, features, forms, and functionality made available through it (collectively, the “Site”). The Site is owned and operated by National Works, Inc., a Texas corporation (“National Works,” “the Company,” “we,” “us,” or “our”).
PLEASE READ THESE TERMS CAREFULLY. By accessing, browsing, or otherwise using the Site, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. Section 17 limits our liability, Section 18 requires you to indemnify us in certain circumstances, and Section 19 contains provisions regarding governing law, exclusive venue, waiver of jury trial, waiver of class actions, and a shortened limitations period. If you do not agree to these Terms, you must not access or use the Site.
The Site is intended for use by adults acting in a business or professional capacity. By using the Site, you represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into a binding agreement. If you access or use the Site on behalf of a company, municipality, utility district, agency, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms, and “you” refers to both you individually and that entity.
The Site is operated from the United States and is directed to users located in the United States, and principally in the State of Texas and the markets we serve. We make no representation that the Site or its content is appropriate or available for use in other locations. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
We may revise these Terms at any time in our sole discretion. Revisions become effective when the updated Terms are posted to the Site, and the “Last Updated” date will be revised accordingly. Your continued use of the Site after revised Terms are posted constitutes your acceptance of those revisions. We encourage you to review these Terms each time you use the Site. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Site.
National Works is a specialty sewer services contractor providing sewer cleaning, closed-circuit television (CCTV) inspection, manhole and structure coating and rehabilitation, hydro-excavation, internal point repairs, sewer testing, emergency response, and related underground utility services.
The Site describes our capabilities, service offerings, service areas, personnel, and history for general informational and marketing purposes only. Nothing on the Site constitutes:
National Works performs services only pursuant to a separately executed written agreement, subcontract, purchase order, work authorization, or accepted written proposal (each, a “Services Agreement”). The terms of any applicable Services Agreement, including its scope of work, specifications, pricing, schedule, warranty, insurance, indemnity, safety, change-order, dispute-resolution, and limitation-of-liability provisions, govern the performance of services.
In the event of any conflict or inconsistency between these Terms and a Services Agreement, the Services Agreement controls with respect to the services covered by it. These Terms continue to govern your use of the Site.
Any estimate, budgetary figure, proposal, or bid we provide in response to an inquiry submitted through the Site is prepared based on the information available to us at the time and is subject to change following field verification, site investigation, review of plans and specifications, confirmation of actual conditions, and issuance of a written Services Agreement. Underground utility work is inherently subject to unknown and differing site conditions, including but not limited to unmapped utilities, flow and surcharge conditions, structural deterioration, groundwater, soil conditions, access limitations, traffic control requirements, and regulatory or permitting constraints. Estimates are not binding until incorporated into an executed Services Agreement, and remain valid only for the period expressly stated in them.
Subject to your compliance with these Terms, National Works grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Site and its content for your own internal business or personal informational purposes.
You may print or download a reasonable number of copies of Site materials for your internal, non-commercial reference, provided that you do not modify the materials and that you retain all copyright, trademark, and other proprietary notices. This license does not include any right to resell, republish, redistribute, or commercially exploit the Site or its content. All rights not expressly granted are reserved by National Works. This license terminates automatically if you breach any provision of these Terms.
You agree that you will not, and will not permit or assist any third party to:
We reserve the right, without notice and without liability to you, to investigate suspected violations, to block IP addresses, to restrict or terminate access to the Site, and to report suspected unlawful activity to law enforcement or other appropriate authorities, including by disclosing information about the suspected violator.
The Site and all of its contents — including text, graphics, photographs, video, inspection imagery, illustrations, drawings, logos, icons, page layouts, page designs, audio, data compilations, software, source and object code, and the selection, coordination, and arrangement of the foregoing (collectively, the “Content”) — are the property of National Works, Inc. or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, trade secret, and other intellectual property laws.
The National Works name, the National Works logo, and all related names, logos, product and service names, designs, taglines, and slogans are trademarks or service marks of National Works, Inc. or its affiliates. You may not use any of these marks without our prior written permission.
Except for the limited license granted in Section 6, nothing in these Terms transfers to you any right, title, or interest in or to the Site or the Content, and no license or right is granted by implication, estoppel, or otherwise.
The Site may display the names, logos, or marks of manufacturers, product lines, proprietary systems, trade associations, municipalities, utilities, districts, authorities, and other organizations. All such names, logos, and marks are the property of their respective owners and are used on the Site solely for identification, descriptive, and referential purposes.
Reference to any product, system, agency, or organization does not constitute or imply endorsement, sponsorship, affiliation, or recommendation by that party of National Works, or by National Works of that party, except where expressly stated. Any third-party product or system referenced on the Site is subject to the specifications, warranties, limitations, and installation requirements published by its manufacturer or owner.
When you submit information through the Site — including through the contact form or by email or telephone prompted by the Site (collectively, “Submissions”) — you agree that:
Feedback. If you provide suggestions, ideas, enhancement requests, or other feedback regarding the Site or our services (“Feedback”), you grant National Works a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and otherwise exploit that Feedback for any purpose, without compensation, attribution, or restriction. We do not accept or consider unsolicited ideas for new services, technologies, marketing campaigns, or business proposals, and no confidential or fiduciary relationship arises from any such submission.
We reserve the right, but assume no obligation, to monitor, review, screen, refuse, delete, or restrict any Submission, and to disclose Submissions as necessary to satisfy any applicable law, regulation, legal process, public-records obligation, or governmental request.
By using the Site or providing your contact information to us, you consent to receive communications from us electronically, including by email and, where you have provided a telephone number, by telephone call and text message concerning your inquiry, quote, scheduling, or project. Message and data rates may apply to text messages, and message frequency varies. You may reply STOP to any text message to opt out of further text messages, and you may unsubscribe from marketing email at any time using the link provided in those messages.
You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, consistent with the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Texas Uniform Electronic Transactions Act. You may withdraw consent to receive electronic communications by contacting us, although doing so may prevent us from responding to inquiries submitted through the Site.
The Site may contain links to third-party websites, platforms, resources, and social media pages, including our LinkedIn company page. Those links are provided for convenience only. National Works does not control, endorse, monitor, or assume responsibility for the content, products, services, privacy practices, accuracy, legality, or security of any third-party property. Your access to and use of any linked property is at your own risk and is subject to that property’s own terms and policies. National Works will not be a party to, and disclaims all liability arising from, any transaction or dealing between you and any third party.
Content on the Site regarding sewer inspection, cleaning, coating, rehabilitation, hydro-excavation, testing methods, materials, standards, or regulatory matters is general in nature and is provided for informational purposes only. It does not constitute engineering, design, professional, legal, safety, environmental, or regulatory-compliance advice, and it must not be relied upon as a substitute for the services of a qualified licensed professional.
Site conditions, applicable specifications, industry standards, permitting requirements, and regulatory obligations vary by project and jurisdiction. You should engage a licensed professional engineer or other qualified professional to evaluate your specific circumstances before making any design, procurement, repair, budgeting, or compliance decision. National Works disclaims all liability for any action taken or not taken in reliance on Site content. Nothing on the Site should be interpreted as a warranty of any product or system, an assurance of regulatory compliance, or a representation regarding required means and methods.
We endeavor to keep the Site accurate and current, but the Content may contain typographical errors, technical inaccuracies, or omissions, and may become outdated. Descriptions of services, capabilities, equipment, service areas, certifications, personnel, and projects are subject to change without notice. We reserve the right to correct any error, inaccuracy, or omission, and to change or update the Content at any time, without prior notice and without any obligation to do so.
We reserve the right to modify, suspend, restrict, or discontinue the Site or any portion or feature of it at any time, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, restriction, or discontinuation of the Site or any part of it. We do not warrant that the Site will be available on an uninterrupted, timely, secure, or error-free basis, and we are not responsible for any interruption caused by internet outages, hosting failures, telecommunications failures, equipment failures, maintenance, cyberattacks, weather events, or other causes beyond our reasonable control.
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NATIONAL WORKS, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Without limiting the foregoing, National Works does not warrant or represent that: (a) the Site or its Content is accurate, complete, reliable, current, or error-free; (b) the Site will be uninterrupted, timely, or secure, or that defects will be corrected; (c) the Site or the servers that make it available are free of viruses or other harmful components; or (d) the Site or its Content will meet your requirements or expectations. Any material downloaded or otherwise obtained through the Site is accessed at your own discretion and risk, and you are solely responsible for any resulting damage to your computer system, network, or data.
This Section 16 does not limit, modify, or disclaim any warranty expressly provided by National Works in a fully executed Services Agreement with respect to services actually performed. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you; in that event, such warranties are limited in duration and scope to the minimum period and extent permitted by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NATIONAL WORKS, INC. OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, USE, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NATIONAL WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NATIONAL WORKS AND THE PARTIES LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00).
This limitation applies to your use of the Site only and does not limit, waive, or modify any right, remedy, obligation, or limitation of liability set forth in a fully executed Services Agreement, which governs claims relating to services actually performed. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you; in that event, our liability is limited to the maximum extent permitted by applicable law. You acknowledge that the disclaimers and limitations in Sections 16 and 17 are essential elements of the agreement between you and National Works, that they reflect a reasonable allocation of risk, and that National Works would not provide access to the Site without them. These provisions survive any termination of these Terms and apply even if a limited remedy is found to have failed of its essential purpose.
You agree to defend, indemnify, and hold harmless National Works, Inc. and its officers, directors, shareholders, employees, agents, affiliates, licensors, and service providers from and against any and all claims, demands, actions, proceedings, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of these Terms; (b) your misuse of the Site or its Content; (c) your violation of any applicable law or regulation; (d) your violation or infringement of the rights of any third party, including intellectual property, privacy, publicity, or confidentiality rights; or (e) any Submission or Feedback you provide.
National Works reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of that claim. You will not settle any matter that imposes any obligation or admission on National Works without our prior written consent. This Section 18 survives termination of these Terms.
These Terms and any dispute, claim, or controversy arising out of or relating to them, the Site, or your use of the Site — whether sounding in contract, tort, statute, or otherwise — are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice-of-law or conflict-of-law provision or rule that would cause the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before initiating any formal proceeding, you agree to first contact us in writing at the address in Section 24 with a brief description of the dispute, the relief sought, and your contact information, and to engage in good-faith discussions for a period of thirty (30) days following our receipt of that notice. Many concerns can be resolved quickly and informally. This requirement does not apply to claims seeking injunctive or other equitable relief for the protection of intellectual property rights.
Subject to Section 19.2, you agree that any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in the State of Texas having jurisdiction over the matter, and you irrevocably submit to the personal jurisdiction of such courts and waive any objection based on venue, forum non conveniens, or lack of personal jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND NATIONAL WORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
To the fullest extent permitted by applicable law, any claim arising out of or relating to these Terms or your use of the Site must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred. This Section 19.6 does not apply to claims arising under a Services Agreement, which are governed by that agreement and applicable law.
National Works respects the intellectual property rights of others. If you believe that material available on the Site infringes a copyright you own or control, you may submit a written notification to our designated agent under the Digital Millennium Copyright Act (17 U.S.C. § 512). Your notice must include substantially the following:
Notices should be directed to our designated agent: [Name/Title of Designated Agent], National Works, Inc., 1078 San Marcos Hwy, Luling, TX 78648; email info@nationalworks.com. Please note that under 17 U.S.C. § 512(f), a person who knowingly materially misrepresents that material is infringing may be liable for damages. If you believe material was removed in error, you may submit a counter-notification containing the elements required by 17 U.S.C. § 512(g).
National Works is committed to making the Site usable by the widest possible audience, including individuals with disabilities, and works toward alignment with generally accepted accessibility guidance. If you encounter difficulty accessing any portion of the Site, or if you need information from the Site provided in an alternative format, please contact us using the information in Section 24 and describe the difficulty and the page involved. We will make reasonable efforts to provide the information you need through an alternative means of communication.
We may, in our sole discretion and without notice or liability, suspend, restrict, or terminate your access to all or any part of the Site for any reason, including your breach of these Terms. Upon termination, the license granted in Section 6 immediately ends, and you must cease all use of the Site and destroy any copies of Content in your possession. All provisions of these Terms that by their nature should survive termination — including Sections 8 through 10 and 14 through 24 — will survive.
Questions, notices, and requests concerning these Terms should be directed to:
National Works, Inc.
Central Texas Office — 1078 San Marcos Hwy, Luling, TX 78648 — 830-875-2770
Greater Houston Area Office — 6917 Olson Lane, Pasadena, TX 77505 — 713-817-9167
Email: info@nationalworks.com
Website: nationalworks.com
National Works, Inc. serves Central Texas, the Greater Houston area, and the Dallas/Fort Worth Metroplex.
Notices and requests concerning these Terms may be directed to either office.