The Hagerty Group, LLC (“Hagerty”) Website comprises various web pages operated by Hagerty (collectively the “Hagerty Website” or “Website”). The Hagerty Website is offered to you subject to your acceptance of the provisions of these Terms of Use (“terms”) without modification. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site, and your agreement to be bound by these Terms of Service. By using the Site, you agree to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available on or through the Site. If you do not agree to these terms, please exit the Hagerty Website immediately. Hagerty reserves the right to change these terms at any time without notice. In addition to these terms, when using a particular Hagerty product or service online, you and Hagerty may also be subject to any additional posted guidelines, terms, rules or restrictions applicable to such product or service.
You acknowledge and agree that by accessing the Hagerty Website that this is a legally binding agreement between you and Hagerty supported by reasonable and valuable consideration, and that you have read these terms carefully.
You acknowledge and agree that the Hagerty Website and all materials on it, including without limitation, the Website’s content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (Hagerty’s "Proprietary Information").
The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the Hagerty Website, Hagerty Valuation Tools and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Hagerty Website.
Hagerty Valuation Tools is a compilation of information and data on the price of vehicles that is derived from a variety of sources including Hagerty’s own proprietary data and Hagerty’s own valuation experts. All Proprietary Information on Hagerty’s Website is owned by or licensed to Hagerty and may only be used pursuant to the “License for Personal Use” below.
By offering the Hagerty Website for use, we grant you a limited, nonexclusive, nontransferable, revocable license and permission to access and make non-commercial personal use of the Hagerty Website strictly subject to these terms (“License for Personal Use”). You may not download, modify, reproduce, re-use, display to the public, sell or otherwise extract data, images, or any other content from any portion of the Hagerty Website (other than your own "User-Generated Content," as described below), except with Hagerty’s written (“written” includes e-mail) consent.
This license does not include any resale or commercial use of the Hagerty Website or its content; any collection or use of any vehicle information or Hagerty Vehicle Values for commercial purposes; any collection or use of the editorial content or the content submitted by visitors to the Hagerty Website; any derivative use of the Hagerty Website or its content; or any use of data mining, robots or similar data gathering or extraction tools or processes; and you agree not to do any of the foregoing. Except as explicitly provided in these terms, you agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the contents of any portion of the Hagerty Website for any commercial purpose.
Notwithstanding the preceding paragraphs, you may display and print a single copy of pages of the Hagerty Website for your personal non-commercial use.
All contents of the Hagerty Website are: Copyright 1996-2016 by Hagerty Group, LLC and its affiliates or subsidiaries. All rights reserved.
All Hagerty copyrights, trademarks, and other Hagerty marks, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Hagerty Group, LLC or its affiliates and subsidiaries are the property of Hagerty. Hagerty trademarks and trade dress may not be used in connection with any product or service that is not Hagerty's, in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits Hagerty. All other trademarks not owned by Hagerty or its affiliates that appear on this site are the property of their respective owners.
We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Hagerty Website — in a manner that constitutes copyright infringement, please provide us with the following written information.
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. Notice of claims of copyright infringement on the Hagerty Website should be sent to:
Hagerty
Attention: Legal Department
141 River’s Edge Dr., Suite 200
Traverse City, MI 49684
You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:
The Hagerty Website may provide certain ways for you to participate in surveys, contests, promotions or to otherwise communicate with other Website users or visitors or with us by submitting content to the Website. When you submit content, you agree to abide by the following terms:
If you provide your email address to Hagerty, you consent to receive communications from Hagerty to that email address. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your use of the Hagerty Website is solely at your own risk. The materials, information, software, products and services (collectively “services”) contained on or available through the Hagerty Website are provided “as is” and without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the services will meet your requirements, or that your access to the Website will be uninterrupted or error-free.
The Hagerty Website may contain third-party advertising and sponsorship. The advertisers and sponsors are responsible for the content of this information, and Hagerty makes no representations or warranties as to the accuracy or legality of these advertisements. Hagerty will not be responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
Hagerty does not warrant, guarantee, or make any representations with respect to performance, accuracy, reliability, security, capability or currentness of the Website or services. Under no circumstances will Hagerty be liable to you for any damages, including consequential, incidental, or special damages, arising out of the use or inability to use the Hagerty Website or services, even if Hagerty has been advised of the possibility of such damages. To the extent that any particular disclaimer, limitation on damages or liability, or any other provision of these terms is prohibited by law, then instead, Hagerty will be entitled to the maximum disclaimer, limitation on damages, warrantees or liability, or other protection available under such law.
All vehicle values and other information displayed on the Hagerty Website are gathered from public and non-public sources, including Hagerty Proprietary Information, and are based on algorithms that are believed by us to be reliable (other than User-Generated Content, as to which we make no such representation), but no assurance can be given that this information is accurate, complete or current. Vehicle values will vary depending on specifications, vehicle conditions or other particular circumstances. We do not warrant the accuracy of, or assume (and you agree that Hagerty does not bear any) responsibility for any errors or omissions in the information, advice, recommendations or guidance provided on the Hagerty Website.
Hagerty reserves the right to change the terms under which the Hagerty Website is offered. We will let you know about them by revising the “last updated” date at the bottom of the terms. By continuing to use the Hagerty Website after Hagerty has posted changes to these terms, you agree to and accept the changes. You may not use Hagerty Website and may not accept the terms if you are a person barred from using services that Hagerty provides under the laws of any country in which you are resident or from which you use the Hagerty Website. Hagerty also reserves the right at any time and from time to time to modify, update, suspend or discontinue all or part of the Hagerty Website for any reason with or without notice to you.
The Hagerty Website may contain links to other websites (“linked sites”). While we encourage you to consult such linked sites, Hagerty does not control, endorse or guarantee any of the content found on such linked sites, or the content of any advertising we display; we are not responsible for the claims made by those third parties or for the products or services those third parties provide; and we do not guarantee or warrant the prices, terms, quality, reliability or performance of the products or services provided by those third parties.
You agree that Hagerty is not responsible for any advertising that we display, or for any content, associated links, resources or services on or provided through sites not operated by us, and that Hagerty shall not be liable for any loss or damage of any kind arising from or incurred in connection with your use of linked sites or any third-party content, services or products.
To assist you, Hagerty may provide a co-browsing service that allows Hagerty employees to view only your Hagerty window with you. You will be required to acknowledge and agree to this assistance before Hagerty employees can use this service to help you. You acknowledge that Hagerty will endeavor to keep all private and confidential information secure to the extent possible and in accordance with Hagerty’s privacy policy.
If applicable, you agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Hagerty services. Accordingly, you agree that you will be solely responsible to Hagerty for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Hagerty immediately.
To the maximum extent permitted by applicable law, in no event shall Hagerty and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Hagerty Website, with the delay or inability to use the Hagerty Website or related services, the provision of or failure to provide services, or for any information, software, products, and services obtained through the Hagerty Website, or otherwise arising out of the use of the Hagerty Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Hagerty has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Hagerty Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Hagerty Website.
You agree that you will be responsible for any damages resulting from any violation of these terms. You further agree to indemnify and hold The Hagerty Group, LLC, and its affiliates, subsidiaries, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms, or any violation of any law or the rights of any third party that occurs in connection with your use of the Hagerty Website.
Any violation of these terms will terminate the permission and license granted by Hagerty to access and make use of the Hagerty Website. Hagerty shall not be liable to you or any third party for termination of access to the Hagerty Website.
To the maximum extent permitted by law, these terms are governed by the laws of the State of Michigan excluding its conflicts of laws rules, and you hereby consent to the exclusive jurisdiction and venue for any claim or action arising out of or related to these terms or your use of the Hagerty Website shall be in the courts located in the county of Grand Traverse or in the Western District of Michigan in the State of Michigan, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
You also agree that in the event of any action to enforce or interpret these terms, the prevailing party shall be entitled to collect its reasonable attorneys’ fees. Use of the Hagerty Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including without limitation this paragraph. You agree that any claim arising out of or related to these terms or your use of the Hagerty Website must be filed by you within one (1) year after such claim arose, or it is forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hagerty as a result of this agreement or use of the Hagerty Website.
Hagerty’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hagerty’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Hagerty Website or information provided to or gathered by Hagerty with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified here, this agreement constitutes the entire agreement between the user and Hagerty with respect to the Hagerty Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hagerty with respect to the use of the Hagerty Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English and the English language meaning of the terms will govern your relationship with Hagerty.
You agree that if Hagerty does not exercise or enforce any legal right or remedy which is contained in the terms (or which Hagerty has the benefit of under any applicable law), this will not be taken to be a formal waiver of Hagerty’s rights and that those rights or remedies will still be available to Hagerty.
For information about Hagerty data protection practices, please read Hagerty’s privacy policy at www.hagerty.com/corporate/privacy. This policy explains how Hagerty treats your personal information, and protects your privacy. You agree to the use of your data in accordance with Hagerty’s privacy and membership policies. Hagerty has no control over the privacy policy of any third party company, so please examine their privacy policy prior to submitting any personal information. Hagerty reserves the right to reveal your identity or user account information in the event of a claim, investigation, complaint, or legal action arising from your use of the Hagerty Website and any content Submitted by you, including without limitation, furnishing such material and information regarding your identity and any other information we may have about you.
Last Updated April 2016.