Marketplace Terms of Use
Platform Terms of Use
These Terms of Use, and all policies and any additional terms or policies posted on our website, set out the terms on which Hagerty Digital Solutions LLC (“Hagerty,” “we,” “us,” or “our”) offers you access to and use of its website, the Platform, tools, and services (the “services”). You agree to comply with all such terms when accessing or using our services.
“You” refers to any user of the Hagerty Platform, and the words “seller” or “bidder” are used in their ordinary sense to further describe you if you are also listing a vehicle or take any action in bidding on a listing. All ages may access the Hagerty Platform to view but you must be at least 18 years old to be a seller or to bid on a listing. If you are younger than 18 and want to participate in a listing then get in touch with our customer service team to see how we can help you. These Terms of Use are in addition to the Website Terms of Use posted here and the Hagerty Privacy Policy posted here, and any policies posted on the site, all of which are incorporated by reference into this agreement (collectively, the “Terms”). In the event of any conflict between any component of the Terms, unless specifically amended here the order in which conflicting terms prevail are first the Supplemental Terms of Use for Auction Listings, secondly the Hagerty Privacy Policy, thirdly these General Terms of Use, fourthly the Website Terms of Use, and fifthly any Platform policies.
Updates to these Terms are governed by the Modification of Terms section in the Website Terms of Use.
Please read these Terms of Use carefully, as they include information about future changes to these Terms of Use, significant limitations of liability, agreements to resolve disputes by arbitration instead of in court, and a waiver of class action and jury rights.
ARBITRATION NOTICE. You agree that disputes arising under or relating these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights in connection with these Terms (except for matters that may be taken to small claims court or involve intellectual property infringement). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
Overview of Hagerty Platform
Hagerty provides a technology platform and marketing channel (the “Platform”) that enables automotive enthusiasts to discover one another, communicate and enter into transactions directly with one another, and access a space and resources for when they choose to list, bid, and comment on the vehicles they love.
By accessing our Platform, registering with our Platform, listing a vehicle on our Platform, bidding on vehicles, or extending an offer to buy a vehicle, you acknowledge and agree that you have read these Platform Terms of Use carefully, that these Terms create a legally binding agreement supported by reasonable and valuable consideration between you and Hagerty, that they constitute the entire agreement between Hagerty and You, and that they also provide beneficial rights to any third-party seller and bidder seeking to rely on these Terms between themselves.
Hagerty’s Platform includes both classifieds and auctions in connection with vehicles and other items that are being listed by, and offered for sale by, their sellers. Classified listings are a benefit provided to members of Hagerty Drivers Club, a non-insurance subsidiary of The Hagerty Group, LLC. In all cases, regardless of the listing type, sales transactions are consummated directly by and between buyers and sellers, and without the involvement of Hagerty or its affiliates. Classifieds listings are hosted on Hagerty, but Hagerty is not party to any transaction that may later occur between a seller and a buyer, nor does Hagerty take a commission on any classified transactions that are consummated directly between buyers and sellers outside the Platform.
We are not a traditional auctioneer and do not sell vehicles by consignment. Hagerty is not a vehicle broker, vehicle dealer, or an agent acting on behalf of vehicle dealers, brokers, bidders, buyers, or sellers. Nor do we have our own inventory of vehicles for sale or sell, exchange, buy, offer for sale, negotiate or attempt to negotiate sales or exchanges of an interest in any vehicle. Hagerty does not take physical possession of or title to any vehicles and has not inspected any vehicle listed on the Platform.
Where to go for Help
If you have any questions about creating an account or a listing, our fees, or the purchase process, you may find your answer in our frequently asked questions (FAQ). If you need more specific help which the FAQs do not address, or have a problem with a transaction, then please reach out to our customer service team at marketplace@hagerty.com or call 888-501-8815.
Access to Platform and Identification
These Terms, read as a whole, set out what you may or may not do while visiting the Platform or using our services, and how you are expected to conduct yourself.
Individuals who have registered for an account and been provided with user access credentials may access and view our Platform. Your continued access and use of the Platform are subject to continued compliance with these Terms, and we may suspend or terminate your access to the Platform, at any time and for any or no reason within our sole discretion.
Bidders and sellers may be required to provide identity and vehicle ownership verification materials when participating on the Platform, which may include images of: the front and back of a driver’s license, a vehicle title or other evidence of ownership, or a dealer license (“Personal Identification”). All Personal Identification is subject to the Hagerty Privacy Policy posted here. By using any Hagerty websites or Hagerty’s Platform, you agree to Hagerty’s Privacy Policy. Hagerty has no control over other non-Hagerty companies (and linked websites) and you need to review those privacy notices before giving those third parties any personal information.
Violation of these Terms
We may suspend or terminate your access to the Platform and your use of our services for any reason (including for technical reasons or for your violation of these Terms) and for no reason where Hagerty is reasonably protecting the integrity of its Platform, its services, its assets, or its reputation. You agree that Hagerty is entitled to make the final binding decision regarding any dispute involving your continued access to the Platform.
If Hagerty terminates your access to the Platform, Hagerty may (but is not obliged to) without notice remove and discard any of your User Generated Content, and implement any measure to restrict your future access to the Platform.
You are reminded to review the “Damages; Indemnification” section of the Website Terms of Use: if you violate these Terms you accept all responsibility and any costs that arise as a result of Your violation, whether Hagerty is aware of the violation or not.
Listings
If you are a seller and listing a vehicle for sale, please refer to the seller FAQs for information regarding any fees due and guidance on the contents of your listing and maximizing its impact. The FAQs include suggestions to help your experience on our Platform, but you are independently and solely responsible for the content of your own listing. In listing your vehicle or other item on the Platform, in addition to any seller or listing agreement you may enter into with Hagerty, you acknowledge and agree, and hereby represent and warrant, the following:
You confirm that you are the legal and beneficial owner of the property listed, free from any encumbrances and third-party rights undisclosed in the listing, and you have the sole authority to transact and sell the listing free of any third party’s consent.
You will not directly or indirectly list or advertise the listed property on any Platform other than Hagerty’s Platform during the time the listing is live on the Platform.
You are solely responsible for the accuracy and content of the listing and description of the vehicle or property offered, and Hagerty may repeat and rely on your content when your listing is live on the Platform.
Where you list a vehicle or property for sale “as is” (or in any other manner to disclaim liability), you must include a clear and conspicuous description of any known defects or other reasonably material impairments relating to the vehicle or property including, for example: mechanical issues, broken or missing parts, paint or cosmetic damages, or any obvious parts which are not original (other than common wearing parts), fluid leaks or other safety concerns, and any other relevant facts and details you have received from any service technician or appraiser or other enthusiast regarding the vehicle that would reasonably affect value and/or be of interest to a prospective bidder.
You will clearly disclose whether the listing is subject to a lien, finance agreement, or other claim or liability.
You will clearly disclose if you are a licensed dealer and any applicable dealer/document fees you might charge in connection with a sale of the vehicle or property listed.
You will ensure that your listing is fair and not misleading in any respect.
You will not use the listing or any feature of our service to advertise other vehicle transactions outside of the Hagerty Platform.
Your listing will comply with the User Generated Content section within the Website Terms of Use.
We may exercise our rights set out in the User Generated Content section and revise your listing by adding or removing any content including, for example: information or images that we deem false, misleading, or which are subject to a
, or any links to non-Hagerty websites.
Expert and Professional Advice.
Hagerty is not a vehicle seller, vehicle dealer, or vehicle broker. You understand and agree that the sale of a vehicle encompasses multiple disciplines, including vehicle market valuation, laws relating to vehicles, taxes relating to vehicles, vehicle financing, vehicle registration, vehicle insurance, vehicle condition, safety, and inspections, or vehicle mechanical fitness and engineering. Hagerty hereby advises you, and you understand and acknowledge, that you should seek independent professional expert assistance and advice in these and other areas of professional expertise as appropriate.
Offers, Bidding, and Completing the Transaction
If you are a bidder and you respond to a listing on the Platform by following the prompts on the site to enter your personal details and bid price, then you are taking the first non-binding step in expressing you interest in purchasing the vehicle at that bid price to the seller. Likewise, if you bid on a vehicle in an auction listing, then your bid constitutes the first non-binding step in expressing your interest in purchasing the vehicle at that bid price to the seller. In each case, your action as a bidder does not automatically result in a binding agreement between you and seller for the sale of the vehicle. Instead, each seller agrees that they will make reasonable efforts to complete the sale of their vehicle off-Platform, and you and any seller will be responsible to negotiate the terms of a binding agreement and any formal contract.
You and any seller will be solely responsible for coordinating directly to arrange any pre-purchase inspection or test drive and to complete the vehicle transaction directly with one another, including as it relates to any purchase and sale contract, bill of sale, title reassignment, and any other state-mandated forms required to consummate a vehicle transaction, transfer title, or register a vehicle. You and any seller will also be solely responsible for coordinating directly to determine and carry out the payment arrangement to ensure that appropriate funds are transferred by you and received by the seller.
Auction listings are subject to the Supplemental Terms of Use for Auction Listings set out below.
Payment of Fees and Taxes
When you use the Platform, you agree to pay any fees and expenses in accordance with our fee schedules as displayed and disclosed throughout our website, Platform, and services, as well as any applicable taxes accruing on those fees and expenses (each a “Payment”).
You agree to promptly provide a valid method of payment when transacting on the Platform. The payment method you provide must be in your name or you must be able to evidence your permission to use it.
All information that you provide in connection with using the Platform must be accurate, complete, and current. By clicking on the designated button to authorize a Payment to us for fees and expenses for our services, you agree to pay the amount indicated according to the terms governing your method of Payment (e.g., a card issuer agreement governing the card whose details you have provided or pursuant to your bank account or other financial institution).
If your Payment method fails, declines, becomes disputed, or your account is past due, owed amounts may be collected through other payment methods on file with us or our affiliates.
Cardholder and Account Consents for Processing
You acknowledge and agree that your method of Payment (e.g., debit or credit card or bank account or financial institution) can be charged for the amount indicated as the Payment and to provide updated or replacement method of Payment information (e.g., expiration dates and card numbers for your credit card as provided by your credit card issuer or other information for your bank account or financial institution). Payment transactions by card will only be completed after receiving successful authorization from your card issuer. Any address information collected by Hagerty in connection with Payments is for account verification purposes only.
Where you consent for your debit or credit card credentials to be stored to facilitate any future Payments, your card credentials and authorization will be stored in a tokenized form. Stripe, Inc. will facilitate all credit card payment processing on the Platform. Stripe uses tokens to enable Stripe[A1] to collect your card details and associated personally identifiable information to process your Payment; such information will not be stored and will only be used for the purposes which you have specifically consented they are to be used for.
Promotional Offers
You may occasionally be offered discounts and other benefits for use on the Platform (collectively “Promotional Offers”). Promotional Offers are subject to the further terms of use described when they are issued to you. Promotional Offers are only redeemable in accordance with their terms and not for cash value. You are still responsible for paying any tax and other charges applicable to the Payment on which the Promotional Offer has been applied. Hagerty reserves the right to modify or cancel Promotional Offers at any time, and Promotional Offers are void where prohibited.
Chargebacks and Disputes
If a bidder or seller need to register a dispute regarding a Payment to Hagerty or any other charge by Hagerty for its services, they must first do this by contacting the customer service team at the contact details indicated in “Where to Go for Help” above. If you are unsatisfied with the response, then refer to the terms of business with the issuer of the card you used to make the Payment regarding what recourse rights are available to you.
If a bidder or seller submits any dispute, cancellation, or challenge through their bank, credit card company, or other financial institution, rather than following the dispute process in these Terms, Hagerty may (without any notice to the person who registered a dispute) pursue a claim against the person who registered a dispute for any and all damages incurred including, for example, all legal fees and costs, any chargeback amounts, any fees, and interest on those amounts allowed by law.
No Refunds
All sales and purchases agreed are between the seller and a bidder or buyer only, and no right of refund exists between Hagerty and any one of the seller, bidder, or buyer. Any questions regarding any item purchased outside of the Platform must be directed to the seller.
Supplemental Limitations of Liability
The following are in addition to the Assumption of Risk and Liability and Warranty Disclaimers set out in the Website Terms of Use:
HAGERTY DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE VEHICLE’S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABILITY.
NO INFORMATION OBTAINED ON THE PLATFORM WILL CREATE ANY WARRANTY, EXPRESS OR IMPLIED FROM HAGERTY.
YOU HAVE NOT AND WILL NOT RELY UPON ANY REPRESENTATION FROM HAGERTY AS TO ANY VEHICLE’S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS, OR MERCHANTABLITY.
HAGERTY MAKES NO WARRANTY CONCERNING ANY VEHICLE’S TITLE AND WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO SELLER’S FAILURE, INABILITY, OR DELAY IN PRODUCING TITLE.
HAGERTY DISCLAIMS ALL VEHICLE-RELATED REPRESENTATIONS, GUARANTEES, AND WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
HAGERTY AND THE THIRD-PARTY PAYMENTS PROCESSING VENDOR WILL HAVE NO LIABILITY FOR ANY PAYMENTS MADE BY YOU DIRECT TO THE SELLER OR TO ANY OTHER PERSON NOT USING THE PAYMENT OPTIONS ON THE PLATFORM.
HAGERTY DOES NOT WARRANT THAT THE PAYMENT OF FEES TO HAGERTY FOR THE USE OF PLATFORM OR SERVICES WILL ENSURE THE COMPLETION OF THE SALE OR PURCHASE OF ANY LISTING.
HAGERTY MAY PROVIDE YOU GUIDANCE ON YOUR LISTING AND ON THE SALE AND PURCHASE PROCESS THROUGH FAQS OR IN DIRECT COMMUNICATION REGARDING THE LISTING CONTENT, FORMAT, SHIPPING AND OTHER RELATED MATTERS; YOU AGREE TO NOT HOLD US LIABLE AND RELEASE US FROM ALL CLAIMS AS A RESULT OF ANY GUIDANCE OR RECOMMENDATIONS WE PROVIDE YOU.
THESE TERMS DO NOT CREATE ANY RELATIONSHIP OF PARTNERSHIP, PRINCIPAL-AGENT, OR EMPLOYER-EMPLOYEE AMONG ANY OF THE PARTIES.
SELLER SHALL LOOK SOLELY TO ITS OWN INSURANCE FOR ANY THEFT, LOSS OR DAMAGE TO ITS OWN VEHICLE OR OTHER PERSONAL PROPERTY ADVERTISED IN A LISTING.
YOU AGREE THAT ANY RELIANCE ON VEHICLE INFORMATION PRESENTED ON THE PLATFORM IS AT YOUR OWN RISK. ANY DISCREPANCIES OR MISTAKES REGARDING VEHICLE AVAILABILITY, QUALITY, SAFETY, CONDITION, PRICING, FINANCING, INSURANCE AND THE LIKE ARE NOT THE FAULT OR RESPONSIBILITY OF HAGERTY. WE CANNOT CONTROL OR GUARANTEE THE ACCURACY OF VEHICLE INFORMATION PROVIDED ON THE PLATFORM, THE AVAILABILITY, QUALITY, OR SAFETY OF VEHICLES, OR ANY FINANCING OF OR INSURANCE RELEVANT TO VEHICLES.
Comments and Moderating
The same rules of the road apply to comments and interactions between users on the Hagerty Platform as they do across all Hagerty community websites. In order to keep everyone safe, comfortable, and lawful on the Platform, please don’t post anything that:
Is inappropriate (abusive, offensive, and commonly referred to as NSFW/Not Safe for Work) or considered trolling (disruptive to conversations)
Is off-topic (to the original content or the current conversation)
Contains personal information (either your own or someone else’s)
Puts children at risk
Is illegal, or glamorizes illegal activity
Is discriminatory to any group of people or defamatory (damaging to someone else’s reputation)
Infringes on anyone’s rights (including privacy rights)
Was made by someone else, or that copies someone else’s creation, without their permission or without referencing them as the source
Is excessively lengthy
Is posted under multiple accounts belonging to the same person (no duplicate accounts)
Is posted for your financial gain (advertising, sponsorship, offering a vehicle for sale outside of a listing, etc.)
Isn’t in English
Contains spam
Contains links to content that can’t be seen easily, or may be unsafe (viruses, spyware, paywalls, etc.)
Is the same information cross-posted across multiple forums
Criticizes the moderators or any edits made to comply with these rules of the road
Or doesn’t comply with the rest of our Terms
Customer service representatives routinely moderate the comments on the Platform and will edit or take down your content if they deem it to have violated these rules or the Terms. Any serious threats, allegations or other indications of illegality will be immediately reported to the appropriate legal or law enforcement agencies.
SUPPLEMENTAL TERMS OF USE FOR AUCTION LISTINGS
By registering for, listing a Lot for auction on, or bidding on any auction listing on the Platform, you agree to the following conditions and acknowledge each Lot (defined below) is offered by its seller “as is, where is” with no representations or warranties, express or implied. Please inspect the Lot or perform any diligence desired before bidding on a Lot.
1. Bidding Conditions. By registering to bid or placing a bid on any motor vehicle or other item listed for auction on the Hagerty Platform (the “Lot”), whether you bid directly, through an agent, or through anyone else that is granted access to or obtains control of your bidding credentials or Hagerty login (collectively, “Bidder”), Bidder agrees to the following conditions— together with any conditions posted on the Lot’s description or announced before the sale of a Lot including in the comments to the Lot (collectively, the “Conditions”). Bidder agrees the Conditions are binding upon Bidder’s agents, heirs, executors, legal representatives, successors, and assigns. No person may bid on an auction Lot on the Platform without first registering with Hagerty and providing an acceptable form of government-issued identification (if requested) and valid payment method for the Bidder’s Premium (defined below). Hagerty may accept, reject, condition, suspend, or terminate such registration at any time and in any way at its sole discretion. Hagerty reserves the right to request additional information from any Bidder. Bidder is responsible for maintaining the confidentiality of any username, password, or other credentials used to access the Platform, and Hagerty is neither responsible for nor liable for any losses or damages resulting from any misuse by any third party, whether or not authorized by Bidder.
2. Hagerty’s Role and Obligations. Hagerty is not the seller by consignment, agency, or otherwise. Instead, all Lots offered in auction listings are directly listed by, offered for sale by, and ultimately will be sold by the seller of the Lot (including any consignor of the Lot) (collectively, the “Seller”). At the conclusion of the auction of each Lot, if Hagerty forwards the highest bid to the Seller for consideration, then (i) the bid constitutes the Bidder’s first non-binding step in expressing interest in purchasing the Lot directly from the Seller, and (ii) each Seller acknowledges and agrees that they will make reasonable efforts to complete the sale of their vehicle. The close of the auction itself does not form a binding sales contract directly between the Seller and any Bidder of the Lot. Instead, Bidder and Seller will be responsible for negotiating the terms of a binding agreement and any formal contract, and Hagerty will not be a party to that contract nor participate in the negotiations. Hagerty shall have no liability or responsibility for any breach or default by Bidder or Seller. Hagerty is not responsible for transporting or shipping the Lot or its title/ownership documents, and Bidder is solely responsible for paying for and separately coordinating transport or shipment of the Lot and its title/ownership documents. Hagerty may recommend or refer other third-party services, such as for Lot transport, shipment, storage, or facilitating new registration or title for the Lot in the Bidder’s jurisdiction, but Hagerty is not responsible for such services and Bidder agrees that Hagerty is not liable for such services.
Bidder and Seller will be solely responsible for coordinating directly to arrange any inspection or test drive and to complete the Lot transaction directly with one another, without Hagerty, including as it relates to any purchase and sale contract, bill of sale, payment, odometer certification, title assignment, and any other state-mandated forms required to consummate a Lot transaction, transfer title, or register a Lot. Hagerty will not be responsible for providing the necessary paperwork for the transaction, handling or facilitating the transfer of title and Lot registration, or arranging or providing for Lot payment, pickup, delivery, or transportation.
3. Bidder’s Premium. In addition to any Seller listing fee and any other third-party services or commissions agreed to by Bidder, Bidder acknowledges and agrees that the Bidder will be charged a fee (“Bidder’s Premium”) and that Hagerty will be entitled to the full amount of the Bidder’s Premium as compensation for its services to the Bidder, regardless of whether Seller and Bidder ultimately consummate their purchase transaction, unless otherwise stated in these Supplemental Terms. The Bidder’s Premium for any Lot is based on the highest bid price of the Lot, as forwarded to Seller after the conclusion of the auction (the “Hammer Price”). Unless otherwise stated in the Hagerty Terms of Use available at hagerty.com/marketplace, our standard Bidder’s Premium is seven percent (7%) multiplied by the Hammer Price, with a minimum Bidder’s Premium amount of $500. As discussed below, Hagerty will separately and directly invoice and receive payment from the Bidder for the Bidder’s Premium before Hagerty introduces the Seller and the Bidder that submitted the highest bid. The payment by such Bidder of the Bidder’s Premium is separate from any purchase price of the Lot as determined by any agreement formed between the Bidder and the Seller.
4. Reserve Prices. In choosing to list their Lots, Sellers may make certain Lots subject to a “Reserve,” defined as the minimum price authorizing a successful introduction of Bidder to Seller for the Lot, which does not include applicable fees and expenses. As is common practice in auctions, any Seller’s Reserve is confidential and not disclosed to the public. The Reserve price may be lowered at any time but may not be increased. In certain situations, Lots may be sold below their Reserve as agreed between the Seller and Bidder, or when waived at the sole discretion of the Seller. Hagerty makes no representation or warranty of the anticipated value of any Lot and does not authorize any estimate of the Lot.
5. Bidding and Offers. All bids constitute the Bidder’s first non-binding step in expressing interest in purchasing the Lot at that price to the Seller. If Hagerty informs the Seller of the identity of the highest Bidder after the conclusion of the auction, then such Seller shall then have the obligation to make reasonable efforts to complete the sale of their Lot to such Bidder. Bidder and Seller shall then negotiate the terms of any binding purchase agreement without the participation of Hagerty in such negotiation.
Although Hagerty does not operate as a traditional or live auctioneer, we have absolute reasonable discretion with regard to any Lot as to: (a) all matters relating to bidding and listing of any Lot; (b) any Lot’s placement within the auction and visual demonstration at the auction; (c) whether to accept or reject bids before forwarding to Sellers; (d) whether to extend the close time for any Lot or length of any auction (including if Hagerty deems any bidding error to have occurred); (e) the conduct of the auction (including bid increments, use of a bid display, and whether to restart the auction of the Lot in whole or in part for any reason); (f) identifying the highest Bidder for introduction to the Seller; (g) addressing mistakes or handling errors made in bidding; and (h) whether to postpone, rescind or terminate the auction of any Lot before, during, or after auction if Hagerty determines in its sole discretion that the auction cannot or should not be completed for any reason.
BIDDER AGREES THAT HAGERTY SHALL HAVE NO LIABILITY WHATSOEVER TO BIDDER OR ANY OTHER PARTY FOR THE EXERCISE OF ANY OF THE FOREGOING RIGHTS, OR FOR ANY ERRORS IN THE EXECUTION OR FAILURE TO EXECUTE ANY BID IN ANY MEDIUM, REGARDLESS OF ANY CIRCUMSTANCES.
Hagerty may use a bid display or currency converter, which is provided solely for Bidder convenience, may not reflect real-time bids or currency conversions, and should not be relied upon by any Bidder. Errors, inaccuracies, and time delays may occur in the operation of a bid display or currency converter. Neither Hagerty nor its agents shall be responsible for any errors or omissions in any bid display or currency converter.
6. Auction Errors. GLITCHES, BUGS, ERRORS, TIME DELAYS, OR INACCURACIES MAY OCCUR IN THE AUCTION, ANY BID DISPLAY USED, OR AUCTION LOT ON THE PLATFORM (“AUCTION ERRORS”). TO THE FULLEST EXTENT PERMITTED BY LAW, HAGERTY DISCLAIMS ALL LIABILITY FOR ANY SUCH AUCTION ERRORS, AND FOR ANY RELATED DISRUPTION OR LOSS OF SERVICE, AND BIDDER AGREES HAGERTY IS NOT LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM THESE ISSUES. HAGERTY MAKES NO REPRESENTATIONS OR WARRANTIES THAT AUCTION LISTINGS, LOTS, OR BIDDING WILL BE WITHOUT ERRORS OR AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS.
7. Payment Method. Bidder authorizes any credit card or debit card on file to be charged for the Bidder’s Premium. Bidder and Seller will be solely responsible for coordinating directly in order to determine the payment arrangement for any purchase of any Lot and carry out that payment arrangement. Hagerty will not be responsible for handling funds or processing payments between Bidder and Seller.
8. Inspection and Acceptance of Lot. Bidder will be provided the opportunity to inspect the Lot or designate the inspector of your choice to perform an inspection and/or test drive of the Lot before placing a bid and before the auction closes. Bidder may elect to voluntarily forgo and waive the right to have an inspection and/or test drive performed before moving forward with any bid or the purchase of the Lot, assuming and accepting the associated risks in doing so and thereby proceeding to bid on the Lot “AS IS.” If Bidder does not arrange an inspection and/or test drive prior to the auction close, Bidder is deemed to have waived any right to such inspection and/or test drive. Bidder understands that Hagerty has not conducted its own inspection of the Lots listed by sellers on the Platform.
9. Removal, Transportation, and Delivery. Bidder is solely responsible for coordinating and paying for the removal, transport, or shipment of the Lot. Bidder and Seller must coordinate directly to arrange for Lot pickup, delivery, or transportation, and Bidder is free to engage a third-party transportation company of its choice, including any such company identified on the Platform. Hagerty will not be responsible for arranging or providing for Lot pickup, delivery, or transportation.
10. Transfer of Ownership and Insurable Risk. Hagerty, and its employees, officers, directors, and agents, shall not be liable or responsible for facilitating the transfer of ownership of the Lot, and shall not be liable for any loss or damage to any Lot at any time, and Bidder shall look solely to its own insurance for any theft, loss, or damage to the Lot during Bidder’s ownership.
11. Transfer of Title, Export, and Registration. Bidder and Seller will coordinate directly with one another for handling and facilitating the transfer of title/ownership documents and Lot registration. Bidder is responsible for obtaining necessary or jurisdiction-specific title, ownership, and registration documentation for the Lot, and Hagerty makes no representations or warranties regarding title, ownership, or registration. Bidder is responsible for registering any applicable vehicle at its final destination promptly upon receipt of a title or other ownership documents. Bidder shall also be solely responsible, including the payment of any costs or fees, for timely obtaining any necessary licenses or permits to export a Lot out of the United States and/or to import a Lot into a foreign jurisdiction. Bidder is responsible for paying all federal, state, city, and any and all other taxes due, unless exempt by law. Because Hagerty is not the seller, and does not facilitate the sales transaction, Bidder shall be solely responsible for the payment of any sales or use taxes arising from the purchase and delivery of any Lot.
Bidder and Seller agree to cooperate with Hagerty to respond to inquiry from or audit by a state, county, city, or other government agency in connection with any Lot transaction. BIDDER AND SELLER HEREBY JOINTLY AND SEVERALLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS Hagerty AGAINST ANY CLAIMS, DAMAGES, LOSSES, OR ASSESSMENTS BY ANY COUNTRY, STATE, COUNTY, CITY, OR OTHER GOVERNMENTAL AGENCY FOR ANY FAILURE TO REGISTER A LOT, FOR ANY UNPAID SALES OR USE TAXES, AND FOR ANY UNPAID DOCUMENTATION AND LICENSING FEES (INCLUDING ANY INTEREST AND PENALTIES THAT MAY ACCRUE OR BE ASSESSED THEREON) ARISING FROM OR RELATED TO THE BIDDING, PURCHASE OR SALE OF A LOT TO BIDDER.
12. Bidder Representations and Warranties. By participating in a Hagerty auction and/or bidding, Bidder represents and warrants that: (a) Bidder is complying with and agrees to comply with all applicable laws, rules and regulations, and these Conditions; (b) neither Bidder (including any entity that owns Bidder either in whole or in part) nor Bidder’s agent or principal (where Bidder is the agent of a principal) is on any United States, Canadian, United Kingdom or European Union sanctions list or located in a country that is subject to a United States, Canadian, United Kingdom, or European sanctions or embargo, or that has been designated by such governments as a “terrorist supporting” country; (c) Bidder’s purchase of and payment for a Lot are not connected with any criminal activity (including money laundering, tax evasion or terrorist financing), and Bidder is neither under investigation for nor has been charged with or convicted of such criminal activity; (d) Bidder’s bidding is consistent with competition laws and is not collusive, anticompetitive, or otherwise the result of an unlawful agreement and arrangement, and Bidder is neither affiliated with the Seller of any Lot nor placing bids on the Seller’s behalf (commonly referred to as “shill bidding,” which Bidder agrees is expressly prohibited on the Platform); (e) Bidder will comply with the laws applicable to Lot transactions; (f) Bidder has the legal capacity to agree to these Supplemental Terms and the financial ability and intention to pay the Bidder’s Premium, and Bidder is acting as a principal when bidding unless Hagerty expressly agrees in writing before Bidder places a bid that Bidder acts as an agent for another disclosed principal; (g) Bidder agrees to comply with all applicable policies and procedures Hagerty may communicate, including any posted Lot notices; (h) Bidder is responsible for any damage to a Lot by Bidder and any agent of Bidder, whether negligently or intentionally, and Bidder agrees to be liable for all resulting damage and loss and shall pay or reimburse in full to compensate for any such damage; (i) Bidder is solely responsible for Bidder’s own diligence before bidding on any Lot and Bidder is solely relying upon Bidder’s own inspection of the Lot, and Hagerty makes no representations or warranties regarding the Lot (including whether any Lot satisfies any emissions standards, can be exported to any jurisdiction, or otherwise regarding the mechanical or cosmetic quality or condition, history, authenticity, originality, title, registration, safety or roadworthiness of any Lot); (j) the Lot may have apparent or hidden defects and Hagerty is not responsible for determining the condition of the Lot and the existence of any defects; (k) Bidder has not relied on any Hagerty description, inspection, or condition report of the Lot, Bidder shall not be entitled to rely on any oral statement made by anyone regarding the Lot, including by Hagerty or any of its agents, and Bidder shall hold Hagerty harmless for any oral or written statements in any medium made by Hagerty that accurately repeat the Lot information supplied by Seller or any description approved by Seller; and (l) Hagerty shall not be liable for any loss, damage, or injury sustained by any Bidder and any agent of Bidder while inspecting or test-driving any Lot (including the premises where such inspection or test drive of any Lot may be conducted). Any attempted or actual fraud will be reported to the appropriate authority and subject to prosecution accordingly.
13. ALL LOTS ARE LISTED AS IS, WHERE IS, AND HAGERTY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES. ALL LISTINGS ARE “AS IS, WHERE IS” AND “WITH ALL FAULTS” AND NEITHER HAGERTY NOR SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER REGARDING ANY LOT. BIDDERS ARE STRONGLY ENCOURAGED AND SOLELY RESPONSIBLE FOR INDEPENDENTLY INSPECTING ANY LOTS BEFORE BIDDING, AND BIDDERS MUST SATISFY THEMSELVES AS TO THE CONDITION OF THE LOTS AND ALL MATTERS REGARDING LOTS BEFORE BIDDING, INCLUDING HISTORY, AUTHENTICITY, ORIGINALITY, ANY NECESSARY OR DESIRED REPAIRS, RESTORATION, OR MISSING PARTS AND ACCESSORIES, AND APPLICABLE DUTIES AND TAXES. HAGERTY AND SELLER HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATING TO THE CONDITION, HISTORY, AUTHENTICITY, OR ORIGINALITY OF A LOT, TITLE OR REGISTRABILITY OF A LOT, ROADWORTHINESS OR MERCHANTABLE QUALITY OF A LOT, OR THAT A LOT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO STATEMENT OR INFORMATION SET FORTH IN ANY WEBSITE OR LOT DESCRIPTION, NOR ANY ESTIMATES, INVOICE, BILL OF SALE, TITLE DOCUMENT, CONDITION REPORT, NOTICE, ADVERTISEMENT, OR ANY OTHER WRITING OR ANY ORAL STATEMENT REGARDING A LOT SHALL BE DEEMED TO CREATE ANY WARRANTY OR REPRESENTATION ABOUT A LOT.
14. BIDDER’S INDEMNITY. BIDDER IS SOLELY RESPONSIBLE FOR ANY USE AND CARE OF ANY LOT LATER PURCHASED BY BIDDER. TO THE FULLEST EXTENT PERMITTED BY LAW, BIDDER AGREES TO INDEMNIFY, DEFEND (WITH HAGERTY’S SOLE CHOICE OF COUNSEL), AND HOLD HAGERTY AND ITS AFFILIATES HARMLESS FROM ANY CLAIMS, DEMANDS, LOSSES, EXPENSES, DAMAGES, COSTS, ACTIONS, AND LIABILITIES, INCLUDING WITHOUT LIMITATION TO COURT COSTS AND ATTORNEYS’ FEES, OF WHATEVER KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO THE USE OR CARE OF ANY LOT PURCHASED BY BIDDER (INCLUDING ITS TRANSPORT, STORAGE, REPAIRS, OPERATION, AND OWNERSHIP).
PLEASE READ THE NEXT SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
15.1 GOVERNING LAW AND BINDING ARBITRATION. These Conditions and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relate to your use of the Hagerty Platform, the Hagerty services, the Terms, these Conditions, or the negotiation, execution or performance of these Conditions (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with these Conditions), shall be governed by and enforced in accordance with the laws of the State of Michigan, without regard to choice of law principles. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM, YOUR USE OF THE SERVICES, THE TERMS, YOUR RELATIONSHIP WITH US, OR THESE CONDITIONS, INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, AND INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THESE CONDITIONS, SHALL EXCLUSIVELY BE SUBJECT TO ARBITRATION. THE PARTIES SHALL PROCEED TO ARBITRATION NEAR DETROIT, MICHIGAN OR ANOTHER MUTUALLY AGREEABLE VENUE, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES UNDER ITS EXPEDITED PROCEDURES. FOR ANY CLAIM WHERE THE TOTAL AMOUNT OF THE AWARD SOUGHT IS $25,000 OR LESS, THE AAA, YOU, AND HAGERTY MUST ABIDE BY THE FOLLOWING RULES UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES: (A) THE ARBITRATION SHALL BE CONDUCTED SOLELY BASED ON WRITTEN SUBMISSIONS; AND (B) THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES. Judgment on the award may be entered in any court having jurisdiction. In the event that either Party brings action against the other, arising from or relating to these Conditions, the prevailing Party, as determined by the arbitrator or court, shall be entitled to recover its reasonable attorneys’ fees and costs, including through appeals. Notwithstanding the foregoing, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of any party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief or provisional remedies in aid of arbitration from a court of appropriate jurisdiction; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.2 LIMITATION OF LIABILITY.TO THE FULLEST EXTENT PERMITTED BY LAW, HAGERTY’S MAXIMUM LIABILITY RELATED TO THE PLATFORM, THE SERVICES, ANY LOT OR AUCTION, OR THESE CONDITIONS IS EQUAL TO THE AMOUNT THAT WAS ACTUALLY PAID TO HAGERTY (IF ANY), OR $500, WHICHEVER IS GREATER. THE PARTIES HEREBY EXPRESSLY AND KNOWINGLY WAIVES AND AGREE NOT TO SEEK ANY SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE HAGERTY PLATFORM, THESE CONDITIONS, OR ANY LOT, INCLUDING ANY LOST PROFITS, REGARDLESS OF THE ACTS OR OMISSIONS OR FAULT OF HAGERTY.
15.3 WAIVER OF JURY AND CLASS ACTION RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU WAIVE THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU FURTHER AGREE THAT NO PARTY SHALL BRING CLAIMS AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
16. Entire Agreement and Revisions. These Conditions and the Terms constitute the entire agreement between you and us and except as stated herein, contains all of the representations, conditions, and warranties between us. These Conditions and the Terms may only be revised prospectively by posting an updated version on hagerty.com or the Platform, or by providing you with notice (by email or other notification), and you agree to receive notices of any updates to these Conditions and the Terms through such posting or notice. By continuing to use the Platform or placing a bid, your continued use shall be deemed as irrevocable acceptance of any revisions to these Conditions and the Terms. Nothing in these Conditions shall be deemed to create a partnership or employment relationship between the parties.
17. Construction and Severability. If any term of these Conditions or the Terms is invalid or unenforceable, that term shall be deemed modified or deleted, but only to the extent necessary to comply with the statute, regulation, ordinance, order, or rule, and the remaining provisions of the Conditions shall remain in full force and effect. You and we agree that any rule of law providing that ambiguities shall be construed against the drafting party, shall be of no force or effect. Time is of the essence for your performance of these Conditions.
18. Notice. Any notice to be given under these Conditions may be given by Federal Express, UPS, or similar registered courier with copies sent via email to Your email on file and to Hagerty at BALegal@hagerty.com.
19. Client Confidentiality and Anti-Money Laundering. Except for purposes of introducing a Bidder and Seller, Hagerty shall not be required to disclose the identity of any user without a court order or except in accordance with government regulations. You acknowledge Hagerty may use information provided by you for identity verification using third-party service providers for KYC (Know Your Client) and AML (Anti-Money Laundering) compliance. You agree to provide all information and assistance reasonably requested by Hagerty to comply with KYC/AML processes, laws, and regulations.
Notwithstanding general confidentiality, Seller and Bidder expressly understand, acknowledge, and agree that Hagerty will need to disclose and provide Seller’s name and contact information directly to certain Bidders to enable those Bidders and Seller to coordinate directly and arrange for inspections of the Lot, the future Lot sale transaction and associated paperwork that will take place directly between Bidder and Seller, and payment and transfer of funds as appropriate directly between Bidder and Seller.
20. Privacy Policy. Bidder consents to Hagerty, its affiliates, and its partners storing and using Bidder’s personal information in accordance with Hagerty’s privacy policy, located on hagerty.com. You may request that your Personal Identification be deleted at any point up to a transaction completing, but thereafter no deletion request subject to retention requirements will be fulfilled. If Bidder has questions regarding the use of personal information, would like to request deletion of personal information, or wishes to unsubscribe to any services, please email privacy@hagerty.com.
21. Copyright Policy. Hagerty and its affiliates owns or licenses the copyright in all photographs, videos, and descriptions created by or for Hagerty, and in our sole discretion, we shall have the right to use, reproduce, and publish any of them for any purpose in any media at any time. You shall have no right, title or interest to any of the foregoing, and you agree not to use, reproduce, or publish such copyrighted materials without our prior written consent.
22. Likeness. You grant all necessary rights to Hagerty and agree that we have permission and license to use any comments by You on the Platform for video, photography, and any other recording, display, broadcast, or publication for any and all purposes (including advertising and marketing purposes) at any time. You waive all rights or claims (including rights of privacy and publicity) that might arise from such use under any applicable law.
23. No Tax or Legal Advice. You are solely responsible for ensuring your own tax compliance with all amounts due under these Conditions. You acknowledge that Hagerty is not a marketplace facilitator under applicable law, and Hagerty has no responsibility to collect and remit the applicable sales taxes on the sale of any Lot listed on the Platform. You acknowledge that Hagerty has not provided you with any tax or legal advice in connection with these Conditions, and you have had an opportunity to consult your own tax or legal advisors regarding these Conditions. Ultimately, Bidder and Seller will be responsible for ensuring compliance with the laws, rules, and regulations relating to taxes on private vehicle sales, including any requirements of the applicable state’s Department of Motor Vehicles (DMV) or equivalent agency responsible for vehicle registrations.
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Last Updated August 2025.