Please read these Rental Reservation Terms and Conditions (these “Terms”) carefully. They govern your access to and use of the rental reservation website and any mobile device applications (collectively, the “Platform”) and the services offered via the Platform. These Terms also contain important information about your legal rights, remedies, and obligations. By accessing or using the Platform, you agree to comply with and be bound by these Terms.

Please note: Section 6 of these terms limits our liability to you. Section 7 contains an indemnity section. Section 9 (the “Dispute Resolution Agreement”) contains an arbitration clause, jury trial waiver, and class action waiver that applies to all users of the Platform. This provision applies to all disputes with Carruth-Doggett, Inc. d/b/a Toyota Lift of Houston and its affiliates (collectively “Toyota Lift”) related to the Platform and affects how disputes with Toyota Lift are resolved. By accessing the Platform, you agree to be bound by the Dispute Resolution Agreement.

Our collection and use of personal information in connection with your access to and use of the Platform or the services offered via the Platform is described in our enterprise-wide privacy policy [https://www.doggett.com/privacy-policy].

We may change these Terms from time to time to reflect changes in the way we do business or changes in the law. If you continue to use the Platform after changes to these Terms go into effect, you will be deemed to have agreed to those changes (other than changes to the Dispute Resolution Agreement, which are addressed in the Dispute Resolution Agreement).

Table of Contents

1.    We Provide the Platform to Request a Reservation

2.    We Do Not Complete Transactions Via The Platform

3.    Ownership of the Platform and the Content

4.    Prohibited Activity

5.    Disclaimers

6.    Limits on Liability

7. Indemnification

8. Miscellaneous Terms

9. Governing Law and Dispute Resolution Agreement

1. We Provide the Platform to Request a Reservation

The Platform is an online rental reservation request system that enables Toyota Lift to publish information regarding its rental fleet to potential customers (the “Users”) on the one hand, and for those potential customers to submit information about which products they are interested in to Toyota Lift on the other hand (the “Services”).

The Platform includes content provided by Toyota Lift that is proprietary to us or that is licensed or authorized for use by us (the “Toyota Lift Content”), including text, photos, pricing, videos, and other materials.

You must be at least 18 years old to access and use the Platform. You agree that you have authority to communicate with Toyota Lift regarding rental reservations on behalf of your employer or company—if you do not have such authority, or your authority is limited (or the scope of your authority changes) you agree to notify us in writing.  You agree that you have authority on behalf of your employer or company to bind itself to these terms and conditions.  If you do not have such authority, you agree that you are not authorized to use this Platform.

2. We Do Not Complete Transactions Via The Platform

It is not our intent to complete an equipment rental transaction through the Platform.  You agree that any representations made through the Platform are subject to confirmation by follow-up communication, and are not part of a later agreement to enter into a rental contract.  Our rates, inventory, and availability are subject to change without notice.  A User’s ability to complete a rental transaction with Toyota Lift is subject to, among other things, a satisfactory certificate of insurance, agreement to our rental terms and conditions, execution of a rental contract, completion and approval of a credit application, etc. 

The fact that a reservation request is submitted to us by a User on the Platform does not in any way guarantee a particular product is available for rental, or that the rate listed is current—rates may change without being updated on the Platform.  For this reason, Toyota Lift does not take payment or enter into rental agreements via the Platform—Toyota Lift only takes reservation requests that will be confirmed and completed by follow-up communications.

By using the Platform, all Users expressly release Toyota Lift from any liability associated with alleged damages caused by Toyota Lift’s failure to treat a reservation request as a completed rental transaction.

3. Ownership of the Platform and the Content

The Platform and the Toyota Lift Content, including all associated intellectual property rights, are the exclusive property of Toyota Lift and its licensors. All trademarks, service marks, logos, trade names, and any other source identifiers of Toyota Lift used on or in connection with the Platform and the Toyota Lift Content are trademarks or registered trademarks of Toyota Lift.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Platform and view any Content made available on or through the Platform solely for your use in connection with requesting a rental from Toyota Lift. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Toyota Lift or its licensors, except for the license and rights expressly granted in these Terms.

Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance and modify the Platform and introduce new features or functionality from time to time, and reserve the right to terminate the Platform at any time.  You agree Toyota Lift will have no liability for exercising its rights under this section.

4. Prohibited Activity

In connection with your use of the Platform, you will not and will not assist or enable others to:

o    use the Platform or the Toyota Lift Content (collectively, the "Content") for any commercial or other purposes that are not expressly permitted by these Terms;

o    copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or the Content;

o    use the Platform in connection with the distribution of unsolicited commercial messages ("spam");

o    discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

o    use, display, mirror or frame the Platform or the Content, or (a) any individual element within the Platform, (b) Toyota Lift’s name, trademark, logo, or other proprietary information, or (c) the layout and design of any page or form contained on a page in the Platform;

o    dilute, tarnish or otherwise harm the Toyota Lift brand in any way, including through unauthorized use of the Content, registering or using Toyota Lift or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Toyota Lift domains, trademarks, taglines, promotional campaigns or Content;

o    use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Platform for any purpose;

o    avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by us to protect the Platform;

o    take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Platform;

o    violate or infringe anyone else’s rights or otherwise cause harm to anyone.

5. Disclaimers

If you choose to use the Platform or the Content, you do so voluntarily and at your sole risk. The Platform and the Content are provided “as is”, without warranty of any kind, either express or implied.

You acknowledge and agree with the description of the Platform as expressed in these Terms and agree that the Platform and the Content are provided by Toyota Lift only to facilitate an information exchange.  You agree you will only rely on information expressly confirmed by Toyota Lift and that the information provided on the platform comes without warranty.

You agree that any representations made through the Platform are subject to confirmation by follow-up communication, and are not part of a later agreement to enter into a rental contract.

6. Limits on Liability

If you are dissatisfied with the Platform, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these Terms or relating to the Platform then your sole and exclusive remedy against us is to discontinue using the Platform.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Platform and the Content remains with you. Toyota Lift and its affiliates shall not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (a) these Terms, (b) the use of or inability to use the Platform or the Content, (c) any information provided through the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you, and you agree that any representations made through the Platform are subject to confirmation by follow-up communication, and are not part of a later agreement to enter into a rental contract.

7. Indemnification

You agree to release, defend (at our option), indemnify, and hold Toyota Lift and its affiliates, employees, owners, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of these Terms or any laws, regulations or third party rights, (b) your improper use of the Platform, the Content, or any Services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you may not in any event settle any matter without our prior written consent.

8. Miscellaneous Terms

8.1   Severability. If any provision of these Terms is or becomes invalid or nonbinding, the parties will remain bound by all other provisions hereof. In that event, the parties will replace the invalid or nonbinding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or nonbinding provision, given the contents and purpose of these Terms.

8.2   Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.

8.3   Entire Agreement. These Terms, including any policies referenced herein, constitute the entire agreement and understanding between us and you with respect to your use of the Platform, the Content, and the Services and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding your use of the Platform, the Content, or the Services.  You agree that any representations made through the Platform are subject to confirmation by follow-up communication, and are not part of a later agreement to enter into a rental contract.

8.4   No Waiver. If we fail to enforce any right or provision in these Terms, the failure will not constitute a waiver of that right or provision.

8.5   Interpretation. In these Terms, the words “including” and “include” mean “including, but not limited to.” Section headings are for convenience of reference only and shall not affect the meaning of any provision of these Terms.

8.6   No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.

8.7   Notices.  Any notice delivered by you to us must be delivered by certified mail to our registered agent for service of process.

9. Governing Law and Dispute Resolution Agreement

9.1   Choice of Law. As between Toyota Lift and you, these Terms will be governed by the laws of the State of Texas, without regard to the choice of law or conflicts of law provisions of any jurisdiction. Both Toyota Lift and you submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas for enforcement of arbitral awards or for temporary or preliminary injunctive relief for the limited purpose of avoiding immediate and irreparable harm, which will be subject to the other terms of this Agreement.

9.2   Dispute Resolution Our right to amend these Terms at any time as set forth above does not apply to this Section (this “Dispute Resolution Agreement”). The version of this Dispute Resolution Agreement in effect on the date you last used the Platform controls.

We want your experience with the Platform to be a positive one. If you have a problem or dispute, we will do our best to resolve your concerns. If we are unsuccessful, you may pursue claims as explained in this Dispute Resolution Agreement.

Step 1: Amicable Resolution

You agree to give us an opportunity to resolve any disputes relating in any way to the Platform by contacting us at TLHrentals@doggett.com.

If we are unable to resolve the dispute, you agree to first attempt to settle the dispute through a nonbinding mediation proceeding, and split the costs thereof with us. In the event any party to such mediation proceeding is not satisfied with the results thereof, then any unresolved disputes will be finally settled in accordance with a binding arbitration proceeding. In no event will the results of any mediation proceeding be admissible in any arbitration or judicial proceeding.

Step 2: Non-binding Mediation

Mediation proceedings will be conducted in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") in effect on the date the notice of mediation was served, other than as specifically modified herein, and will be nonbinding on the parties thereto. Any party may commence a mediation proceeding by serving written notice thereof to the other parties, to Toyota Lift by the notices provision of this Agreement, designating the issues to be mediated and the specific provisions of these Terms under which the issues and dispute arose. The initiating party will simultaneously file two copies of the notice with the AAA, along with a copy of these Terms. A party may withdraw from the dispute by signing an agreement to be bound by the results of the mediation, to the extent the mediation results are accepted by the other parties as provided herein. A party who withdraws will have no further right to participate in the dispute.

The parties will select one neutral third party AAA mediator with expertise in the area that is in dispute. If a mediator has not been selected within ten (10) business days after receipt by the non-initiating party of the notice of mediation, then a mediator will be selected by the AAA in accordance with the Commercial Mediation Rules of the AAA.

The mediator will schedule sessions, as necessary, for the presentation by all parties of their respective positions, which, at the option of the mediator, may be heard by the mediator jointly or in private, without any other members present. The mediation proceeding will be held in Houston, Texas, or such other place as agreed by the mediator and all of the parties. Each of the parties may submit to the mediator, no later than ten (10) business days prior to the first scheduled session, a brief memorandum in support of their position.

The mediator will make written recommendations for settlement in respect of the dispute, within ten (10) business days of the last scheduled session. If any party involved is not satisfied with the recommendation for settlement, that party may commence an arbitration proceeding.

Step 3: Binding Arbitration

Binding arbitration proceedings will be conducted under the Rules of Commercial Arbitration of the AAA (the "Rules"). A party may withdraw from the dispute by signing an agreement to be bound by the results of the arbitration. A party who withdraws will have no further right to participate in the dispute.

The arbitration panel will consist of one arbitrator. The parties will select one neutral third party AAA arbitrator (the "Arbitrator") with expertise in the area that is in dispute. If an Arbitrator has not been selected within ten (10) business days after receipt by the non-initiating party of the notice of arbitration, then an Arbitrator will be selected by the AAA in accordance with the Commercial Arbitration Rules of the AAA. The arbitration proceeding will be held in Houston, Texas or such other place as agreed by the arbitrator and all of the parties. Any arbitrator who is selected will disclose promptly to the AAA and to both parties any financial or personal interest the arbitrator may have in the result of the arbitration and/or any other prior or current relationship, or expected or discussed future relationship, with the parties or their representatives. The arbitrator will promptly conduct proceedings to resolve the dispute in question pursuant to the then existing Rules. To the extent any provisions of the Rules conflict with any provision of this Section, the provisions of this Section will control.

In any final award and/or order, the arbitrator will apportion all the costs incurred in conducting the arbitration in accordance with what the arbitrator deems just and equitable under the circumstances. The parties agree that the results of the arbitration will be binding and non-appealable.

Discovery will not be permitted in such arbitration except as allowed by the Rules, or as otherwise agreed to by all the parties. Notwithstanding, the parties agree to make available to one another and to the arbitrator, for inspection and photocopying, all documents, books, and records, if determined by the arbitration panel to be relevant to the dispute, and by making available to one another and to the arbitration panel personnel directly or indirectly under their control, for testimony during hearings if determined by the arbitration panel to be relevant to the dispute. The parties agree, unless undue hardship exists, to conduct arbitration hearings to the greatest extent possible on consecutive business days and to strictly observe time periods established by the Rules or by the arbitrator for the submission of evidence and of briefs. Unless otherwise agreed to by the parties, a stenographic record of the arbitration proceedings will be made and a transcript thereof will be ordered for each party, with each party paying an equal portion of the total cost of such recording and transcription.

The arbitrator will have all powers of law and equity, which it can lawfully assume, necessary to resolve the issues in dispute including, without limiting the generality of the foregoing, making awards of compensatory damages, issuing both prohibitory and mandatory orders in the nature of injunctions and compelling the production of documents and witnesses for presentation at the arbitration hearings on the merits of the case. The arbitrator will neither have nor exercise any power to act as amiable compositeur or ex aequo et bono; or to award special, indirect, consequential or punitive damages. The decision of the arbitrator will be final and in written form and state the reasons upon which it is based. The parties agree to participate in the arbitration in good faith.

Step 4: Enforcement of Award

Any action or proceeding subsequent to enforce an award rendered by the arbitrator in the dispute will be filed in a court of competent jurisdiction in the same county where the arbitration of the dispute was conducted, and Texas law will apply in any such subsequent action or proceeding.

9.3      Jury Trial Waiver. You and Toyota Lift acknowledge and agree that we are each waiving the right to a trial by jury as to all disputes.

9.4   No Class Actions or Representative Proceedings. You and Toyota Lift acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes. Further, unless you and Toyota Lift both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

9.5   Severability/Unenforceability. In the event that any portion of this Section is deemed illegal or unenforceable, such provision shall be severed and the remainder of this Section shall be given full force and effect. In the event that your agreement to have any unresolved dispute finally settled via binding arbitration is unenforceable, you agree: (a) that the laws of the State of Texas will govern any dispute arising out of or in connection with these terms, without regard to conflicts of laws provisions, (b) to venue in the state and federal courts located in Houston, Texas, and to waive any claims based upon improper or inconvenient venue or lack of jurisdiction, and (c) that 9.3 and 9.4 of this Agreement will apply.