Terms and Conditions
TOYOTA MATERIAL HANDLING MIDSOUTH
Terms and Conditions
Effective Date: September 4, 2026
These Terms and Conditions (“Terms”) govern your access to and use of the website located at tmhmidsouth.com (the “Site”), operated by Toyota Material Handling of Tennessee Inc. By accessing or using the Site, submitting a quote, demo, or rental request, or otherwise interacting with our online forms, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.
1. About TMH Midsouth
TMH Midsouth is an authorized Toyota Material Handling dealer serving Tennessee, Kentucky, and Georgia, with locations including Nashville, Knoxville, Chattanooga, Johnson City, Bowling Green, Cookeville, Madison, and Dalton. We sell and rent new and used forklifts, reach trucks, order pickers, pallet jacks, aerial platforms, and related material handling equipment, and we provide repair and maintenance service, parts, operator training, warehouse design and optimization, and safety audits (collectively, the “Services”). The Site is provided to give visitors information about our Services and to support online rental bookings and quote, demo, and service requests.
2. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. You agree not to:
- Use any automated system (bot, scraper, spider) to access the Site without our prior written consent;
- Attempt to gain unauthorized access to any portion of the Site, our systems, or any related network;
- Submit false, misleading, or fraudulent information through any form on the Site, including rental, quote, or demo requests;
- Interfere with or disrupt the operation of the Site or the servers or networks used to make it available.
3. Rental Bookings, Quote Requests, and Demo Requests
Not a binding contract until confirmed. Submitting a rental booking, quote request, or demo request through the Site is an inquiry, not a completed transaction. A booking or quote is only confirmed once you receive written confirmation (by phone, email, or in person) from a TMH Midsouth representative. We reserve the right to accept, decline, or modify any request based on equipment availability, location, creditworthiness, or other business reasons.
Pricing and availability. Prices, rental rates, and equipment availability displayed or quoted through the Site are estimates only, are subject to change without notice, and are not final until confirmed in a written quote or rental agreement signed by both parties. Applicable taxes, delivery, fuel, damage waiver, and other fees may apply and will be itemized in your final quote or rental agreement.
Quote validity. Unless otherwise stated in the written quote itself, quotes generated through the Site are valid for thirty (30) days from the date issued and are subject to equipment availability at the time of order.
Cancellations and changes. Rental bookings may be changed or cancelled by contacting your local TMH Midsouth branch. Cancellation deadlines, fees, and any minimum rental periods will be disclosed at the time your rental is confirmed and will be set out in your rental agreement.
Service and training requests. Requests for repair service (including our onsite response goals), parts, operator training, warehouse design, or safety audits submitted through the Site are scheduling requests only. Response times, including any stated service-response goals, are performance targets and are not a guaranteed contractual commitment unless expressly stated in a signed service agreement.
4. Equipment, Manufacturer Trademarks, and Third-Party Products
“Toyota,” the Toyota logo, and related marks are trademarks of Toyota Material Handling, U.S.A., Inc. and/or its affiliates and are used on this Site under license or with permission as an authorized dealer. TMH Midsouth is an independently owned and operated dealer and is not the manufacturer of the equipment we sell, rent, or service. New equipment may be covered by a manufacturer’s warranty, the terms of which are provided separately and are not modified by these Terms. Any product descriptions, specifications, or images on the Site are for general informational purposes and may not reflect the exact configuration, condition, or availability of a specific unit.
5. Disclaimer of Warranties
THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT PRICING, SPECIFICATIONS, OR AVAILABILITY INFORMATION DISPLAYED ON THE SITE IS ACCURATE OR CURRENT AT ALL TIMES. THIS DISCLAIMER DOES NOT AFFECT ANY SEPARATE, WRITTEN WARRANTY PROVIDED WITH A PRODUCT OR SERVICE YOU PURCHASE OR RENT FROM US.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TMH MIDSOUTH AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY ARISING FROM A SEPARATELY SIGNED SALES, RENTAL, OR SERVICE AGREEMENT, WHICH IS GOVERNED BY THE TERMS OF THAT AGREEMENT.
7. Indemnification
You agree to indemnify and hold TMH Midsouth harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your misuse of the Site, your violation of these Terms, or information you submit through the Site that is false or misleading.
8. Intellectual Property
All text, graphics, logos, photographs, and other content on the Site, other than third-party trademarks noted above, are owned by or licensed to TMH Midsouth and are protected by copyright and trademark law. You may view and print pages from the Site for your own personal, non-commercial use, but may not reproduce, distribute, or create derivative works from Site content without our prior written consent.
9. Third-Party Links
The Site may link to third-party websites, including Toyota Material Handling, U.S.A. resources, financing partners, or social media platforms. We do not control and are not responsible for the content, availability, or privacy practices of any third-party site.
10. Text Messaging (SMS) Terms
By providing your mobile phone number and opting in through our website, forms, or in-store sign-up, you consent to receive text messages (SMS/MMS) from Toyota Material Handling of Tennessee. These messages may include appointment reminders, service and parts notifications, equipment availability updates, promotional offers, and other account- or business-related communications.
Consent is not a condition of purchase. You are not required to sign up for text messaging to buy or lease equipment or to receive service from us.
Message frequency varies. Message frequency will depend on your interactions with us and the programs you opt into.
Message and data rates may apply. Standard messaging and data rates charged by your mobile carrier may apply to messages we send, in accordance with your carrier’s plan.
Opting out. You may opt out of receiving text messages at any time by replying STOP to any message you receive from us. After you send STOP, we will send a confirmation message, and you will no longer receive text messages from that program. If you would like to rejoin, you may re-subscribe by opting in again through an available sign-up method.
Getting help. For help at any time, reply HELP to any message or contact us directly at [PHONE NUMBER] or [EMAIL ADDRESS].
Supported carriers and message delivery. Toyota Material Handling of Tennessee is not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.
How we use your mobile information. Your mobile phone number and information collected through our text messaging program will not be shared or sold to third parties or affiliates for their marketing or promotional purposes. Text messaging originator opt-in data and consent will not be shared with third parties.
For more information about how we collect, use, and protect your personal information, please review our Privacy Policy.
11. Privacy
Our collection and use of personal information submitted through the Site (for example, through rental, quote, or demo request forms) is described in our Privacy Policy, which is incorporated into these Terms by reference.
12. Governing Law and Venue
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or your use of the Site will be brought exclusively in the state or federal courts located in Davidson County, Tennessee, and you consent to the personal jurisdiction of those courts.
13. Changes to These Terms
We may update these Terms from time to time. The “Effective Date” at the top of this page reflects the most recent revision. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.
14. Contact Us
Questions about these Terms can be directed to:
Toyota Material Handling of Tennessee Inc, d/b/a Toyota Material Handling Midsouth
100 Fernco Drive, Nashville, TN 37207
Phone: (615) 350-6700 (Nashville) — see tmhmidsouth.com/locations for all branch numbers
Compliance Hotline: 844-450-1748