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    Website Terms of Use
    Last Modified: August 1, 2023

    1. Acceptance of the Terms of Use These terms of use are entered into by and between You and Doggett Heavy Machinery Services, LLC & WL Doggett, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  "Terms of Use"), govern your access to and use of doggettequipment.com, including any content, functionality, and services offered on or through doggettequipment.com (the "Website"), whether as a guest or a registered user.
      Please read the Terms of Use carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, found at doggettequipment.com/terms-of-sale, incorporated herein by reference and our Privacy Policy, found at doggettequipment.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, the Terms of Sale or the Privacy Policy, you must not access or use the Website.

      THE TERMS OF USE INCLUDE AN ARBITRATION PROVISION AND A CLASS ACTION WAIVER. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO THESE PROVISIONS.
      This Website is offered and available to users 18 or older and residing in the continental United States (excluding the State of California). By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the preceding eligibility requirements. You must meet all of these requirements to access or use the Website.
    2. Changes to the Terms of Use

      We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section (below) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
      Your continued use of the Website after posting the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
       
    3. Accessing the Website and Account Security

      We reserve the right to withdraw or amend this Website and any service or material we provide on the Website, in our sole discretion, without notice. We will not be liable if any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
      You are responsible for both:
      • Making all arrangements necessary for you to have access to the Website.
      • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
      To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
      If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or additional security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other security breach. You also agree to ensure that you exit from your account at the end of each session. It would be best if you used particular caution when accessing your account from a public or shared computer so that others cannot view or record your password or other personal information.
      We have the right to deactivate any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
       
    4. Intellectual Property Rights

      The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
      These Terms of Use permit you to use, subject to the Commercial Use Exception section below, the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website except as follows:
      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files automatically cached by your Web browser for display enhancement purposes.
      • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
      • If we provide social media features (e.g., via Facebook, YouTube, etc.)  with certain content, you may take such actions as are enabled by such features.
      You must not:
      • Modify copies of any materials from this site.
      • Use any illustrations, photographs, video or audio sequences, or graphics separately from the accompanying text.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
      You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
      If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately. You must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and the Company reserves all rights not expressly granted. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
       
    5. Commercial Use Exception

      If the Website allows you to purchase products, you are allowed to use the Website for commercial purposes only to the extent necessary to enable you to purchase products from the Website.
       
    6. Trademarks

      DOGGETT, the DOGGETT logo, and all related names, logos, product and service names, designs, and slogans on the Website are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
       
    7. Prohibited Uses

      You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
      • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards in these Terms of Use.
      • To transmit or procure the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
      Additionally, you agree not to:
      • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
      • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
      • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the Website.
      • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
      • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Website.
       
    8. User Contributions

      The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, live chat features, virtual chatbots, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users, other persons, or to a virtual chatbot (hereinafter, "Post,” “Posted,” or “Posting”) content or materials (collectively, "User Contributions") on or through the Website.
      All User Contributions must comply with the Content Standards in these Terms of Use.
      Any User Contribution you Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
      You represent and warrant that:
      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
      • All of your User Contributions do and will comply with these Terms of Use.
      You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
      We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by you or any other user of the Website.
       
    9. Monitoring and Enforcement; Termination

      We have the right to:
      • Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
      • Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including, without limitation referral to law enforcement, for any illegal or unauthorized use of the Website.
      • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
      Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
      However, we do not undertake to review any material before it is Posted on the Website and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
       
    10. Content Standards

      These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
      • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
       
    11. Copyright Infringement

      We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Website") infringe your copyright, you may request the removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
      • Your physical or electronic signature.
      • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
      • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
      • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
      • A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
      • A statement that the information in the written notice is accurate.
      • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
      Our designated copyright agent to receive DMCA Notices is:
      Doggett Equipment Heavy Services, LLC & WL Doggett, LLC
      Attn: Legal Department
      9111 North Freeway
      Houston, TX 77037
      Deere.privacy@doggett.com
      You must comply with all of the requirements of Section 512(c)(3) of the DMCA to ensure your DMCA Notice is effective.
      Please be aware that if you knowingly materially misrepresent that material or activity on the Website infringes your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
       
    12. Reliance on Information Posted

      The information presented on or through the Website (including information made available through any Interactive Services) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
      This Website may include content provided by third parties, including materials provided by other users, virtual chatbots, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
       
    13. Changes to the Website

      We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any material on the Website may be out of date at any given time, and we are under no obligation to update such material.
       
    14. Information About You and Your Visits to the Website

      All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
       
    15. Online Purchases and Other Terms and Conditions

      All purchases through our Website or other transactions for the sale of goods formed through the Website are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.
      Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
       
    16. Linking to the Website and Social Media Features

      You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
      This Website may provide certain social media features that enable you to:
      • Link from your own or certain third-party websites to certain content on this Website.
      • Send emails or other communications with certain content, or links to certain content, on this Website.
      • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
      You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
      • Establish a link from any website that is not owned or controlled by you.
      • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
      • Link to any part of the Website other than the homepage.
      • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
      The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
      You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
      We may deactivate all or any social media features and links at any time without notice at our discretion.
       
    17. Links from the Website

      If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage arising from your use of them. If you decide to access any third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
       
    18. Geographic Restrictions

      The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons in the continental United States (excluding California). We make no claims that the Website or any of its content is accessible or appropriate in California or outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from California or outside the continental United States, you do so on your own initiative and are responsible for compliance with local laws.
       
    19. Disclaimer of Warranties

      You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
      YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
      TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
      THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
       
    20. Limitation on Liability

      TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
      THE ABOVE NOTWITHSTANDING, THE
      THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
       
    21. Indemnification

      You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (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, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
       
    22. Governing Law and Jurisdiction

      All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

      Subject to the Dispute Resolution section (below), any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and Harris County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
       
    23. Dispute Resolution PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE WEBSITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.The Company’s goal is that the Website meets your expectations and that you are satisfied. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, the Company is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute you may have with the Company, you acknowledge and agree that you will first allow the Company to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute to the Company at  9111 North Freeway, Houston, TX 77037. You then agree to negotiate with the Company in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after the Company’s receipt of your written description of it, you agree to the further dispute resolution provisions below.You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Website and these Terms of Use shall be final and binding arbitration except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violated any of the Company’s, its affiliates, its licensors or any third-party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that there is no adequate remedy at law and that injunctive or other appropriate relief may be sought by the Company, its affiliates, its licensors and/or the applicable third party(ies) either in court or from an arbitrator. You and we acknowledge that the Terms of Use affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Terms of Use (despite any other choice of law provision). To the extent that the Federal Arbitration Act and federal arbitration law do not supply substantive law necessary for the resolution of any disputes or claims, the laws of the State of Texas shall apply except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply. To the extent that the parties litigate any part of any dispute or claim in court, including, without limitation, obtaining provisional remedies in aid of arbitration, confirmation of the award and judgment enforcement, the laws of the State of Texas shall apply except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.Arbitration under this Agreement shall be conducted by a single arbitrator from the American Arbitration Association (“AAA”). The arbitration shall be administered by AAA pursuant to its Consumer Arbitration Rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You and we agree to pay our own fees, costs and expenses, including those for any attorneys, experts and witnesses. You agree that any claim for or award of attorneys' fees, including such claim or award pursuant to Chapter 38 of the Texas Civil Practice and Remedies Code, is waived. An arbitrator may award on an individual basis any relief. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court if your claims qualify for hearing by such court.To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR OF THE SITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. If this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction per Section 22 of these Terms of Use.WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND DOGGETT BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
    24.  Limitation on Time to File Claims  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

    25. Waiver and Severability

      No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
      If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
       
    26. Entire Agreement

      The Terms of Use, Terms of Sale, and our Privacy Policy constitute the sole and entire agreement between you and Doggett Heavy Machinery Services, LLC & WL Doggett, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
       
    27. Your Comments and Concerns

      This Website is operated by:
      Doggett Heavy Machinery Services, LLC & WL Doggett, LLC
      9111 North Freeway
      Houston, TX 77037

      All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement section in the manner and by the means set out therein.

      All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: deere.customercare@doggett.com.
     
     

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