End User License Agreement
This End User License Agreement (“Agreement”) is a binding legal contract between you (either an individual or a legal entity) and Hagerty Media Properties, LLC (“Hagerty”). By downloading, installing, accessing or using the accompanying software (the “Application”) you will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Hagerty is not willing to grant you any right to use or access the Application to you. In such event, you may not download, install, access, use or copy the Application.
The Application is licensed to you, not sold. Except for the limited license granted in this Agreement, Hagerty and its licensors retain all right, title and interest in the Application and all proprietary rights in the Application, including copyrights, patents, trademarks and trade secret rights.
1. Grant of License
Hagerty grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Application for use on your mobile device. You may not install or use the Application on a device that you do not own or control.
2. Limitations On License
The license granted to you in this Agreement is restricted as follows:
- Limitations on Copying and Distribution. You may not copy or distribute the Application except to the extent that copying is necessary to use the Application for purposes set forth here.
- Limitations on Reverse Engineering and Modification; APIs. You may not (i) access or use the application programming interfaces (“APIs”) for any purpose other than your licensed use of the Application or (ii) reverse engineer, decompile, disassemble, modify or create works derivative of the Application, except to the extent expressly permitted by applicable law.
- Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Application or its documentation.
- Use in Accordance with Documentation. All use of the Application must be in accordance with its then current documentation, if any, provided with the Application or made available on Hagerty’s website.
- Confidentiality. You must hold the Application and any related documentation in strict confidence for your own personal use only.
- Compliance with Applicable Law. You are solely responsible for ensuring your use of the Application is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.
3. Account Set-Up
You agree to: (a) provide true, accurate, current, and complete information when registering to use the Application and establishing your account (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Hagerty has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Hagerty may suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password. Doing so will compromise the security of your account.
4. Online Services
The Application may be used to access certain online services. In some cases, you will not receive a separate notice when the Application connects to those services. Using the Application constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services. Your use of those services may be governed by additional terms and conditions. Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any. You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed. You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means.
You may provide suggestions, comments or other feedback (collectively, “Feedback”) regarding our products and services, including the Application. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant us an irrevocable, world-wide, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with our business, including the enhancement of the Application and the provision of products and services to our customers.
This license will automatically terminate in the event you breach any of its terms. In the event of a claim of intellectual property infringement by any third party relating to the Application, Hagerty may immediately terminate this Agreement. In addition, Hagerty may choose to discontinue support of the Application at any time, without notice.
Hagerty recognizes the importance of respecting your privacy. The Privacy Statement (linked below) provides a description of how Hagerty collects, uses, shares and protects personal information on its website, as well as the choices and access rights you have in regards to such personal information. For more information on Hagerty’s privacy practices and to review our Privacy Statement please visit https://www.hagerty.com/corporate/privacy-policy.
8. Warranty Disclaimer
THE APPLICATION IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAGERTY AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE APPLICATION, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUITE ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. HAGERTY AND ITS SUPPLIERS AND LICENSORS DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. HAGERTY MAKES NO WARRANTIES REGARDING THE CORRECTNESS OR ACCURACY OF ANY INFORMATION CONTAINED IN THE APPLICATION.
9. Modified Devices and Operating Systems
Hagerty will have no liability for errors, unreliable operation, or other issues resulting from use of the Application on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the Application on Modified Devices will be at your sole and exclusive risk and liability.
10. No Liability for Third Parties
Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the Application, and their respective affiliates, suppliers, and licensors (collectively, the “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the Application. Company, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Application or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party terms and conditions. In the event of any claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HAGERTY OR ITS SUPPLIERS AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF HAGERTY AND ITS SUPPLIERS AND LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR THE APPLICATION.
HAGERTY’S SUPPLIERS AND LICENSORS ARE THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECLTY ENFORCING THIS AGREEMENT AGAINST YOU AS A THIRD PARTY BENEFICIARY. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST HAGERTY’S SUPPLIERS AND LICENSORS ARISING OUT OF THE LICENSE OF THE APPLICATION AND ITS MARKETING, YOUR USE OF THE APPLICATION, AND THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDIES ARE AGAINST HAGERTY AND SUBJECT TO THE PROVISIONS OF THIS AGREEMENT.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
12. Social Media and Other Third Party Services
The Application may be used to access and use certain third party services (e.g., Twitter, Facebook, Dropbox, etc.). In addition to the terms of this Agreement, your use of those services will be subject to the applicable third party service’s terms and conditions, including their privacy policies. You are responsible for reviewing and accepting those terms prior to transferring or posting any information to their services. You understand and agree that those services are not Hagerty’s agents and that Hagerty has no responsibility or liability for them. All third party services are provided as-is and as-available, without warranties of any kind.
13. Your Indemnity
You will indemnify, defend, and hold harmless Hagerty and its suppliers and licensors and the Third Parties from and against all damages, liabilities, costs, fines, sanctions, and expenses arising out of your breach of this Agreement.
14. Government Restrictions
Any software or other programming provided by Hagerty in connection with this Agreement is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101. If acquired by, or on behalf of, the United States Department of Defense or any component thereof, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software.
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 Application 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. You agree that any claim arising out of or related to these terms or your use of the Application 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 Application.
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 Application 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 Application 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 Application.
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.