Table of Contents
- Introduction and Summary
- Hagerty Online Services
- Hagerty Insurance Services
- Hagerty Drivers Club®
- Hagerty Social Media Platform – My Garage™
- Hagerty Proprietary Rights
- License for Personal Use
- Copyright Complaints
- Acceptable Uses
- User Generated Content
- Additional Rights You Grant Us
- Electronic Communications and Text Messaging
- Billing and Payment Information
- Assumption of Risk and Liability and Warranty Disclaimers
- Limitation of Liability
- Damages; Indemnification
- Modification of Terms
- Termination/Access Restriction
- Choice of Law and Forum/Limitations of Actions
- Miscellaneous Provisions
- Privacy and Personal Information
Introduction and Summary
You can only use this Website and the Online Services if you agree to follow all the Terms. If you do not agree to them, you must stop using this Website. If you are using this Website at all, then you agree to these Terms. Please note, we can change these Terms at any time and without notice.
Additional terms may apply to certain Online Services. We will provide them to you when that is the case.
You acknowledge and agree that by accessing the Hagerty Website that these Terms create a legally binding agreement between you and Hagerty supported by reasonable and valuable consideration. You also promise that you have read these Terms carefully.
Hagerty Online Services
The Hagerty Websites and Online Services are an ever-evolving platform. One Website may contain several Online Services. With new products, services, and features launching all the time, Hagerty needs flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. We can also terminate, restrict or suspend any online account at any time.
By registering and/or using any of the Hagerty Online Services, you represent and agree as follows:
- You can form a legally binding agreement. If you are not capable of forming a legally binding agreement, then you may not use the Hagerty Online Services.
- You agree to be financially responsible for your account (if applicable) and to comply with your responsibilities and obligations as established in these Terms and in any policies, community standards, or procedures posted by Hagerty on the Website.
- All information you submit to Hagerty in connection with Hagerty Online Services is accurate and complete and you will maintain and promptly update any information supplied to Hagerty or to users to ensure accuracy at all times;
- You agree Hagerty may contact you via the email provided, subject to your communication preferences and the Hagerty Privacy Notice;
- Your username and password, or any other login credentials, are the keys to your account and you must keep them secret. Please let us know ASAP if you learn that somebody else has your login credentials. You are responsible for all activities that happen with your account. You are responsible for any data, such as personal information, that is transmitted from your account including via private messages. Although we would not be liable for any losses you might suffer, you may be liable for the losses of Hagerty or others; and
- By using any of the Hagerty Online Services, you are granting Hagerty permission to access your account and those messages, data, information, text, graphics, audio, video, or other material posted/uploaded, transmitted to or through your use of the Online Services.
Hagerty Insurance Services
Nothing in these Terms is intended to change our legal obligations under any applicable law or any applicable insurance policies provided through Hagerty’s insurance agencies.
Hagerty Drivers Club®
Hagerty Drivers Club membership ("Membership") pricing and benefits are listed here: https://www.hagerty.com/drivers-club. The following additional terms and conditions apply to You if you have purchased Membership.
- Activation and Cancellation
Membership begins on the day of paid enrollment and is for a term of 12 months. Roadside coverage may require 24 hours to take effect. You may cancel your Membership at any time, by emailing us at firstname.lastname@example.org or calling us at (800) 922-4050.
Automatic Renewal, Payments and Refunds
Membership is paid for by an upfront payment with automatic annual renewals.
You must cancel your Membership before it renews to avoid billing of the renewal Membership fee to the card you provided. The amount of the renewal Membership fee may change from time to time in Hagerty's discretion and will be included on a billing statement or other notice sent to you before the date on which the dues will be charged or debited.
All applicable refunds will be settled as follows, or as otherwise required by law:
- If cancellation is requested in the first 60 days of the current Membership term, you will receive a full refund.
- After the first 60 days of the current Membership term, only residents of the states of CA, MA, MD, MS, MT, NV, OK, WY, will receive a pro-rated refund of any unused Membership dues, calculated from the cancellation date without any deductions. For residents of all other states, cancellation is effective at the end of the current Membership term.
Refunds may be returned by card or check and issued within 14 business days from initial request.
- Roadside Service limitations
Someone must be with the vehicle at the time of service, unless you've left the vehicle due to safety concerns.
Hagerty monitors excessive and abusive non-emergency use of the Roadside Service benefits.
The service providers who dispense or perform towing or roadside assistance services are independent contractors and not agents or employees of Hagerty, including Hagerty Drivers Club, LLC which sells the membership, or of Cross Country Motor Club, Inc. d/b/a Agero, which manages the roadside assistance service. As independent contractors, the service providers have exclusive control over their own equipment and personnel. Hagerty and Cross Country are not responsible for the acts or omissions of the third-party roadside service providers.
In the case of damage, you must report it to Hagerty and Cross Country within three days of your service incident by calling the Emergency Roadside Assistance Hotline at 888-310-8020.
Auto Club terms are available here.
Service Exceptions, What’s Not Included and additional details are outlined in the Roadside Manual.
- We reserve the right to accept or refuse Membership in our discretion.
- We reserve the right to suspend or cancel a Membership for a breach of these Terms or an abusive use of the Membership benefits in our discretion.
- You may not transfer or assign your Membership or any benefits included within the Membership.
- From time to time, We may choose to add or remove benefits to the Membership in our discretion.
Hagerty Social Media Platform – My Garage™
- Who May Use My Garage. You may not use My Garage if you are under 13 years old, and/or are prohibited from receiving our Services under applicable laws.
- My Garage Username. You may not register and/or use a username that violates the Acceptable Uses section of these Terms. You also agree that Hagerty may reclaim your username for any or no reason.
- My Garage “User Generated Content” (as defined below). Hagerty has the right to make your User Generated Content publicly posted to My Garage available to the rest of the world and to let others do the same, including making such User Generated Content available to third parties for the syndication, broadcast, distribution, promotion, or publication of such User Generated Content and other media and services. More on this in the User Generated Content section of these Terms.
- Monitoring. Hagerty may, but has no obligation to, read, monitor, review, comment on, edit, or delete User Generated Content. More on this in the User Generated Content section of these Terms.
Hagerty Proprietary Rights
Everything on and embedded in our Websites and Online Services belongs to us, unless marked otherwise, and is protected by intellectual property law. Everything on our Websites and Online services remains the sole property of Hagerty and/or its licensors even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
Some examples of our property are:
- Content, pictures, and audio;
- Software, code and technology;
- Trademarks and trade dress;
- Trade Secrets.
You acknowledge and agree that you will have no ownership claim in any compilation of data or information that is created by or on behalf of Hagerty that incorporates any User Generated Content You Submit, which will be the sole property of Hagerty.
You can use some of these things for your own personal use. But, please see the next set of rules on how to use them.
License for Personal Use
You wouldn’t want to loan somebody your car only to have them use it as a taxi or give it to somebody else, right? You can use our Website and Online Services and the content on them for your personal use only. You cannot use our Website or any content on it to make money unless you have written permission from Hagerty. This license is just for you so you cannot give it to somebody else.
Considering what we have already said, you may display and print a single copy of pages of the Hagerty Website for your personal non-commercial use.
We respect others’ intellectual property. If you believe that your work has been copied — by us or by any third party on the Hagerty Website — in a way that creates copyright infringement, please provide us with the following written information.
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Hagerty Website, including the URL of the page on which it appears;
- Your address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
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:
Attention: Legal Department
121 Drivers Edge
Traverse City, MI 49684
Or by email at: email@example.com
You agree to follow these Terms, and you promise not to break the law or harm anyone. Additionally, you cannot do any of the following:
- Advertise or transmit unsolicited commercial email messages to users of the Website;
- Impose a disproportionate load on the Website or its server infrastructure, whether through a denial-of-service attack or otherwise;
- Attempt to interfere with the operation of the Website;
- Circumvent the Website’s technological protection or security mechanisms;
- Use a spider, scraper, or other automated technology to access the Website;
- Attempt to gain access to the personal, personally identifiable, or payment information of a user of the Website;
- Harass a user of the Website;
- Post or transmitting anything through the Website that is harassing, threatens or encourages bodily harm, amounts to hate speech, or advocates for any form of violence;
- Post any unauthorized use of private personally identifiable information, or transmitting anything through the Website that infringes upon any third party’s rights;
- Post or transmitting anything through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter; or
- Post or transmitting anything through the Website that is indecent, obscene, lewd, or otherwise illegal (including encouraging illegal activity).
Violating any system or network security may result in civil or criminal liability. We will investigate and may involve law enforcement authorities in prosecuting users who are involved in these violations.
User Generated Content
The Hagerty Website provides opportunities for you to either communicate with us and other users such as on a forum. It also provides the opportunity for you to enter other content like vehicle photos, avatars, or other information to the Website and through Online Services. This is all called “User Generated Content.” If you Submit User Generated Content, you promise that it will not be illegal or harmful at all. Hagerty can use this content how it desires but Hagerty does not have to review all submitted content. More specifically You represent and promise that:
- You have all necessary right, power, and authority to grant the license set forth below and to submit, post, email, upload, transmit or otherwise make available (“Submit” or “Submitted”) the User Generated Content Submitted by you.
- The content Submitted by you does not violate, misappropriate, or infringe any copyright, trade secret, trademark, privacy, publicity, or other proprietary property right of any third party.
You will not use this Website or services on the Website to Submit User Generated Content that:
- you do not have a right to make available under any law or under contractual or fiduciary relationships (including but not limited to insider information or proprietary and confidential information);
- promotes or contains information that you know, or should know, is false or misleading;
- helps any criminal activity or provides instructional information about criminal or otherwise illegal activities;
- contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
- contains malware of any kind, or any other disruptive or harmful component; or
- is transmitted in an attempt to impersonate another member or person.
- You are solely responsible for determining whether content Submitted while using this Website or any Online Services complies with all the terms above.
- You acknowledge that Hagerty does not impliedly endorse any content, or any opinion, recommendation, or advice expressed in content Submitted by you. Hagerty expressly disclaims all liability connected to your use of the Hagerty Website and any content you Submit. You acknowledge that the materials and opinions expressed or included in any content Submitted by you or other users are not necessarily those of Hagerty
- By submitting content to the Hagerty Website, you are granting to us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sublicensable right to use the content in any way that we want and for any purpose that we want. We can edit the content and use any legal remedy to defend the content against any third parties but are not obligated to do so. The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity, or privacy rights in and to the Submitted User Generated Content. These rights apply to your name, other personal information, photo, likeness, and voice, if included in that content, and any questionnaire responses. We may but do not have to attribute the content to you. We can attribute it to your name or username. You are not entitled to any compensation or reimbursement of any kind from Hagerty or its affiliates for your Submitted content whether or not we attribute you in any manner, including your name or username to the content you Submitted. Further, Hagerty will be free to use any ideas, concepts, knowhow, or techniques contained in Submitted content information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.
- You will not attempt in any way to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Hagerty Website or services. You agree to notify Hagerty immediately if you are aware of any such attempt.
- You acknowledge and agree that Hagerty has no obligation to review or monitor content Submitted by you. You acknowledge that Hagerty is merely acting as a passive channel and is not undertaking any obligation or liability relating to any content or on the Hagerty Website. You are fully responsible and liable for any content Submitted via private messages, including personal data.
- You also acknowledge and agree that, notwithstanding Paragraph 8, Hagerty reserves the right to alter, edit, refuse to post or remove any content Submitted by you, in whole or in part, for any reason or for no reason and Hagerty has no obligation to use or respond to and content Submitted by you or others. If you feel that Submitted content is objectionable, you can report it to Hagerty. Hagerty will review the material, and if appropriate, may remove or edit the material, however, these options may not be available or may not occur immediately. You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Hagerty that incorporates any content or materials that you Submitted. You acknowledge and agree that Hagerty may use any such Submitted information in a compilation and that Hagerty is the sole owner of any such compilation of Submitted information.
Additional Rights You Grant Us
You own all rights, title, and interest in and to the User Generated Content You Submit.
You grant to Hagerty and its affiliates and related entities, a non-exclusive, royalty-free, fully paid, perpetual, irrevocable, and fully assignable and sublicensable universal right and license (but not the obligation) to:
- Host, use, distribute, modify, edit, run, copy, publicly perform, display, transmit, broadcast, synchronize to a visual and/or visual audio work, promote, advertise, print, archive, publish, critique (good or bad), rank, compare, translate, exploit, prepare derivative works, and/or distribute (“Use”) any and all of your User Generated Content, alone or combined with other content or materials, for any or no reason in any manner or media and by any means, method, or technology now known or later created;
- Use your name, username, personal, biographical material, nickname(s), voice, image, signature, portrayal, performance, appearance, actions, and likeness as incorporated in User Generated Content, alone or combined with other individuals, entities, content, and/or materials, for any or no reason in any manner or media and by any mean, method, or technology now known or later created without restrictions;
- Post, re-post, tweet, re-tweet, share, upload, and otherwise Use and display your profile and/or User Generated Content on the Hagerty Websites and/or any of its social media pages now in existence or afterwards created (e.g.https://www.hagerty.com/drivers-club/my-garage, https://www.facebook.com/Hagerty/, https://twitter.com/hagerty, https://www.instagram.com/hagerty, https://www.youtube.com/hagerty, Hagerty.me/spotify, etc.) without providing you with a credit for any such User Generated Content. Hagerty may, but is not obligated to, provide you with credit;
- Allow the Hagerty Websites and Online Services to use the processor, bandwidth, and storage hardware on your Device to facilitate the operation of the Online Services.
Electronic Communications and Text Messaging
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.
Hagerty provides High Availability SMS communications to better serve you. We will send text messages through our dedicated short code “Carluv” to members to communicate with them, send alerts or market events.
How Do I Opt-in to Hagerty Text Messaging?
To opt-in to receive text messages from Hagerty, send “Drive” to “Carluv.” After opting-in, message frequency will vary per user.
What Do I Do If I Have Questions or Need Assistance?
If, at any time, you forget what keywords are supported, just reply “HELP”. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
How Do I Stop Receiving Text Messages From Hagerty?
You can cancel this service at any time. Just reply “STOP”. After you send the message “STOP” to us, we will send you a reply message confirming that you have been unsubscribed. After this, you will no longer receive text messages from us.
Who are the Participating Carriers?
AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, and Cricket. T-Mobile is not liable for delayed or undelivered messages.
What are the Rates?
As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
What if I need Support?
If you have any questions regarding privacy, please read our Privacy Notice.
Billing and Payment Information
We accept most major credit and debit cards. You will be notified of the price, payment terms (including any automatic renewals), rights of cancellation and refund, during the checkout process. We will charge your credit or debit card for the payment as soon as you click on the designated button to complete a payment. If needed, we will electronically credit the account to correct incorrect charges. All payment information provided must be truthful and accurate and must be provided by the owner or authorized signer of the credit card or bank account.
Your payments are subject to the agreements governing your credit or debit card. You should be aware that online payment transactions are subject to validation checks by your card issuer. You may be charged a fee if your payment is dishonored or returned for non-sufficient funds. If payment is unsuccessful for any reason, your insurance policy and/or membership may be terminated.
Any payment information that is stored in your Wallet and used for recurring payments will be automatically updated. If your card expires or you otherwise get a new card, the card number and expiration date linked to your card will be updated automatically. If your card issuer does not support these updates, you may need to remove the card and add it again.
Assumption of Risk and Liability and Warranty Disclaimers
YOUR USE OF THE HAGERTY WEBSITE IS SOLELY AT YOUR OWN RISK. HAGERTY DOES NOT PROMISE THE SITE, ANY CONTENT, SERVICE OR FEATURE WILL BE ERROR-FREE OR UNINTERRUPTED. WE ALSO DO NOT GUARANTEE THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL CONTENT PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
HAGERTY CANNOT ENSURE ANY CONTENT, FILE OR OTHER DATA DOWNLOADED FROM THE WEBSITE WILL BE FREE OF MALWARE OR DESTRUCTIVE FEATURES. YOU ARE RESPONSIBLE FOR IMPLEMENTING YOUR OWN DATA SECURITY SAFEGUARDS.
HAGERTY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAGERTY IS NOT LIABLE FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY SERVICES.
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST HAGERTY IF YOU ARE UNHAPPY WITH THE WEBSITE IS TO STOP USING THE SITE.
The Hagerty Website may contain links to other non-Hagerty websites (“Linked Websites”). We may or may not own or control those linked websites. Hagerty is not responsible in any way for any kind of damage a linked non-Hagerty website may cause or for any of the content in the linked websites.
If you use any Linked Websites, you will leave this site. If you decide to visit any Linked Website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Hagerty. The content, accuracy, opinions expressed, and other links provided by Linked Websites are not investigated, verified, monitored, or impliedly endorsed by Hagerty. Hagerty does not endorse, make any representations regarding, or warrant any information, goods, and/or services by implication appearing and/or offered on any Linked Website.
Limitation of Liability
To the maximum extent allowed by law, Hagerty and its suppliers will never be responsible for any damages or losses that you claim. These limitations apply even if we were notified that the loss might happen. Some jurisdictions do not allow these limitations, so depending on where you are located, these limitations may not apply to you. If you are unhappy with any portion of the Website, or with any of these Terms, your only remedy is to stop using the Hagerty Website.
You promise that if you break any of these Terms and cause any damage that you will be responsible for it. You further agree to defend The Hagerty Group, LLC, and any of its personnel, partners, and subsidiaries for any claim anybody makes because of your violation of these Terms. This includes attorney fees.
Modification of Terms
Hagerty reserves the right to update these Terms at any time. By continuing to use the Hagerty Website after Hagerty has posted changes to these Terms, you agree to the updated Terms.
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.
If you break any of the rules in these Terms, you may no longer be allowed to use the Hagerty Website.
Choice of Law and Forum/Limitations of Actions
Notwithstanding anything here, this Section will survive the expiration or termination of these Terms.
If there is any claim or lawsuit concerning these Terms or the Website, it will be governed by Michigan law and heard in Michigan courts in Grand Traverse County, Michigan or federal courts in the Western District of Michigan. You submit to the personal jurisdiction of these courts for any claim arising from these Terms or use of the Website. You must file any claim you have within 1 year from when it happened, or it will not be allowed. If you are in a jurisdiction that does not give full meaning to these Terms, then you do not have permission to use this Website.
You agree that no business or agency relationship of any kind exists between you and Hagerty because of these Terms or use of the Website.
These Terms are subject to all existing laws. Nothing in these Terms is intended to change our legal obligations under any applicable law.
If any of these Terms or part of them is ever found invalid, all the remaining parts will still be fully valid. We have not forfeited any rights that we have under these terms just because we have not acted on them yet. These Terms are the complete agreement between you and Hagerty regarding your use of the Website.
Privacy and Personal Information
By using the Hagerty Websites or Online Service you agree to Hagerty’s Privacy Notice. Please read Hagerty’s Privacy Notice to see how we treat personal information. Remember that we have 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.
Last Updated August 2022.