Introduction and Summary
You can only use this Website if you agree to follow all of the rules. If you do not agree to them you must stop using this Website. If you are using this Website at all, that means that you agree to these Terms. Please note, we can change these Terms at any time and without notice.
If you are looking for how we treat personal information, check out our Privacy Notice.
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 Proprietary Rights
Everything on our Website belongs to us and is protected by intellectual property law. Some examples of our property are:
- Content, pictures, and audio;
- Software, code and technology;
- Trade Secrets.
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 the content on it 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.
Copyright and Trademark Notices
All contents of the Hagerty Website are Copyrighted by Hagerty Group, LLC and its affiliates or subsidiaries. All rights reserved.
All of the content on this Website is Copyrighted or Trademarked or licensed for use by Hagerty. Some examples of protected content are Hagerty marks, logos, trade dress, button icons, scripts, and headers. If we post somebody else’s protected material, that material belongs to the owner and not us.
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.
1. A description of the copyrighted work that you claim has been infringed upon;
2. 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;
3. Your address, telephone number and email address;
4. 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
5. 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;
6. 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 promise to follow their rules, and you promise not to break the law or harm anyone. You cannot do any of the following:
1. Transmitting unsolicited commercial email messages to users of the Website;
2. Imposing a disproportionate load on the Website or its server infrastructure, whether through a denial of service attack or otherwise;
3. Attempting to interfere with the operation of the Website;
4. Circumventing the Website’s technological protection or security mechanisms;
5. Using a spider, scraper, or other automated technology to access the Website;
6. Attempting to gain access to the personal, personally identifiable, or payment information of a user of the Website;
7. Harassing a user of the Website;
8. Posting 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;
9. Posting or transmitting anything through the Website that infringes upon any third party’s rights
10. Posting or transmitting anything through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
11. Posting or transmitting anything through the Website that is indecent, obscene, lewd or otherwise illegal.
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. This is called “User Generated Content.” If you do submit 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:
1. 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 (hereafter “Submit” or “Submitted”) the content Submitted by you; and
- 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.
2. You will not to use this Website or services on the Website to Submit 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;
- is transmitted in an attempt to impersonate another member or person.
3. You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above.
4. You acknowledge that Hagerty does not 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.
5. 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. The licensed rights include, without limitation, any patent, trademark, copyright, trade secret, publicity or privacy rights in and to the Submitted information. These rights apply to your name, other personal information, photo, likeness and voice, if included in that content, and any questionnaire responses. We 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. 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.
6. 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.
7. 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.
8. You also acknowledge and agree that, notwithstanding Paragraph 7, 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.
9. 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.
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.
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
If you have any question regarding privacy, please read out Privacy Notice.
Billing and Payment Information
When you submit a payment on the Hagerty Website, you are authorizing Hagerty to charge your credit card, or to debit your bank account, for the purchase amount(s) indicated. 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.
You may be charged a fee if your payment is dishonored or returned for non-sufficient funds by your credit card company or financial institution. If payment is unsuccessful for any reason, your insurance policy and/or membership may be terminated. All applicable refunds will be settled according to the product terms or as required by law. Refunds may be returned by check.
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.
1. 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.
2. Automatic Renewal, Payments and Refunds
Membership is paid for by an upfront payment with automatic annual renewals.By clicking on the designated button to complete a payment, or otherwise authorizing a payment, you agree to pay the amount indicated as the full amount of each payment (“Total Amount Charged”) according to the card issuer agreement governing the card whose details you have provided. You acknowledge and agree that Hagerty is authorized to: charge your credit or debit card for (i) the initial annual Membership fee at the rate secured at the time of purchase, and (ii) the renewal Membership fee(s), and; obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. You must cancel your Membership before it renews in order 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 authorizations are subject to the agreements governing your credit or debit card. Payment transactions by card will only be completed after receiving successful authorization from your card company for the Total Amount Charged.If payment is returned by your card issuer or financial institution for any reason, we may charge a returned payment fee. If payment is unsuccessful for any reason, your membership may be terminated.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.
3. 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 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 their acts or omissions.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.
4. Other Limitations
- 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.
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 LIABILITY 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 websites (“linked sites”). We may or may not own or control those Websites. Hagerty is not responsible in any way for any kind of damage those websites may cause or for any of their content.
Passwords and Account Security (If Applicable)
Your username and password 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.
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 rules 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
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 of 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
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 you need to review those privacy notices before giving those third parties any personal information.
Last Updated September 2020.