Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Hagerty, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Hagerty of any unauthorized uses of your account or any other breaches of security. Hagerty will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Hagerty or otherwise.
The Hagerty Website may provide certain ways for you to participate in surveys, contests, promotions or to otherwise communicate with other Website users or visitors or with us by submitting content to the Website. When you submit content, you agree to abide by the following terms:
- You represent and warrant that:
- you have all necessary right, power and authority to grant the license set forth here 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.
- You will not to use this Website or service 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;
- furthers or promotes any criminal activity or enterprise 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 viruses, Trojan horses, worms, or any other disruptive or harmful component;
- is transmitted in an attempt to impersonate another member or person.
- You are solely responsible for determining whether content Submitted while using this site or services complies with all the terms above.
- You acknowledge that Hagerty does not endorse any content or any opinion, recommendation, or advice expressed in content Submitted by you, and Hagerty expressly disclaims any and all liability in connection with your use of the Hagerty Website and any content you Submit to the Hagerty Website. 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, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display that content throughout the world for any purpose and in any media (including for advertising or other commercial use). 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 net promoter score questionnaire responses. You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or for any other reason either before or after it is published in Hagerty’s sole discretion, and it may or may not be attributed to you by name and city (if provided to us), and it may or may not be attributed to you by your Hagerty Website username (if you have one). You are not entitled to any compensation or reimbursement of any kind from Hagerty or its affiliates under any circumstances for your Submitted content. Further, Hagerty will be free to use any ideas, concepts, knowhow or techniques contained in such Submitted information for any purpose whatsoever, including but not limited to developing, selling and marketing products and services incorporating such information.
- You will not attempt (or encourage or authorize others to attempt) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the Hagerty Website or services, and you agree to notify Hagerty immediately if you are aware of such an attempt.
- You acknowledge and agree that Hagerty has no obligation to review or monitor content Submitted by you, and you acknowledge that Hagerty is merely acting as a passive conduit and is not undertaking any obligation or liability relating to your content or your activities or the content and activities of other users of the Hagerty Website.
- 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.
- You acknowledge and agree that you have no ownership claim in any compilation of data or information that is created by Hagerty that incorporates information, photographs, data or other 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.
Hosting, Support Services
Optional Hosting and Support services may be provided by Hagerty under the terms and conditions for each such service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
Hagerty has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Hagerty does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Hagerty disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Hagerty.com links, and that link to Hagerty.com. Hagerty does not have any control over those non-Hagerty.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Hagerty.com website or webpage, Hagerty does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Hagerty disclaims any responsibility for any harm resulting from your use of non-Hagerty.com websites and webpages.
As Hagerty asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Hagerty.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Hagerty in accordance with Hagerty’s Digital Millennium Copyright Act (“DMCA”) Policy. Hagerty will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Hagerty will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Hagerty or others. In the case of such termination, Hagerty will have no obligation to provide a refund of any amounts previously paid to Hagerty.
This Agreement does not transfer from Hagerty to you any Hagerty or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Hagerty. Hagerty, Hagerty.com, the Hagerty.com logo, and all other trademarks, service marks, graphics and logos used in connection with Hagerty.com, or the Website are trademarks or registered trademarks of Hagerty or Hagerty’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Hagerty or third-party trademarks.
Hagerty reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.
Hagerty reserves the right to display attribution links such as ‘Powered by Hagerty.com,’ theme author, and font attribution in your content footer or toolbar. Footer credits and the Hagerty.com toolbar may not be removed regardless of upgrades purchased.
Hagerty reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Hagerty may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Hagerty may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Hagerty.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided “as is”. Hagerty and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Hagerty nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Hagerty, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Hagerty under this agreement during the twelve (12) month period prior to the cause of action. Hagerty shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Hagerty, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Hagerty and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Hagerty, or by the posting by Hagerty of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Hagerty may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is CC-BY-SA. It was last updated Oct 3, 2017.
Originally adapted from the WordPress Terms of Service.