Terms of Use

Effective Date: 3/26/25

1. Acceptance of Terms
By accessing or using www.prolifttoyota.com (the “Website”), operated by Toyota Material Handling Midwest, Inc. dba ProLift Toyota Material Handling (“ProLift,” “we,” “us,” “our”), you agree to comply with and be bound by these Terms of Use, along with our Privacy Policy. If you do not agree, please discontinue use of the Website.

2. Eligibility
The Website is intended for use by individuals who are at least 18 years of age. By using the Website, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms of Use.

3. Modifications
We reserve the right to modify or update these Terms of Use at any time. Any changes will become effective immediately upon posting on this page with an updated effective date. Your continued use of the Website after posting the revisions constitutes your acceptance of the changes.

4. Use of the Website

• Permitted Use: You may use the Website and its content solely for lawful purposes and in accordance with these Terms of Use.
• Prohibited Use: You agree not to:
  • Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Website to transmit or solicit the transmission of any advertising, promotional, or spam content.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or its hosting platform.

5. Intellectual Property

• Ownership: The Website and its entire contents, features, and functionality (including all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ProLift or its licensors and are protected by applicable intellectual property laws.
• License: ProLift grants you a limited, non-exclusive, non-transferable license to access and use the Website for personal or internal business use, subject to these Terms. Any unauthorized use of the content may violate copyright, trademark, and other laws.
   

6. User-Generated Content
Where applicable, you may have the option to post or submit content (e.g., comments, reviews, testimonials). By submitting content, you grant ProLift a worldwide, perpetual, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with our business. You represent and warrant that you have the rights to submit such content and that it does not infringe any third-party rights.

7. Disclaimer of Warranties

• “AS IS” and “AS AVAILABLE” Basis: The Website, its content, and any services obtained through it are provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, either express or implied.
• No Warranty of Accuracy: We do not guarantee the accuracy, completeness, or timeliness of the information on the Website, nor do we warrant that any defects will be corrected or that use of the Website will be uninterrupted or error-free.
   

8. Limitation of Liability
To the fullest extent permitted by law, ProLift and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or related to your use of (or inability to use) the Website. In no event will ProLift’s total liability to you exceed the amount you paid, if any, for accessing or using the Website.

9. Indemnification
You agree to defend, indemnify, and hold harmless ProLift, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including but not limited to user-generated content you submit.

10. Termination
We reserve the right to terminate or suspend your access to all or part of the Website, without notice, for any or no reason, including if we believe you have violated these Terms of Use. Upon termination, provisions in these Terms that should reasonably survive will remain in full effect.

11. Governing Law and Jurisdiction
These Terms of Use and any disputes arising out of or relating to them or the Website are governed by the laws of the state of [Insert Your State], without regard to conflict-of-law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in [Insert County and State] for the purpose of litigating any claims or disputes.

12. Severability
If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision will be eliminated or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

13. Contact Us
If you have questions or comments about these Terms of Use or the Website, please contact us at:

• Company Name: Toyota Material Handling Midwest, Inc. dba ProLift Toyota Material Handling
• Website: www.prolifttoyota.com
• Email: hello@prolifttoyota.com
• Phone: (800) 583-4023
• Mailing Address: 13001 Plantside Drive Louisville, KY 40299