Classics & Exotics
August 15, 2017

 

 

Welcome to DriveShare by Hagerty, a peer-to-peer specialty car rental marketplace website and online service provided by Hagerty DriveShare, LLC. ("Hagerty DriveShare" "DriveShare" "we" or "us"). These Terms of Service govern your access to and your participation in the marketplace, whether as a registered member or a guest. The terms are legally binding on you, so it’s important that you read and understand them.

 

Below are the general terms that apply to all users of the Hagerty DriveShare marketplace, website, web widgets, feeds, mobile device software applications (the "Hagerty DriveShare Software"), applications for third-party web sites and services, and any other mobile or online services and/or applications owned, controlled, or offered by Hagerty DriveShare (collectively the "Service"), as well as those terms that apply specifically to owners and to renters. All of the terms stated in these Terms of Service, together with Hagerty DriveShare’ Privacy Policy and the Hagerty DriveShare’ User Policies provided on the Hagerty DriveShare site, constitute the “Agreement” between you and Hagerty DriveShare. Hagerty DriveShare may change the terms of the Agreement from time to time. All changes are effective immediately when we post them, and apply to all access and use of the Services thereafter.

 

Please read these Terms of Service carefully before you access the marketplace or any Services. By clicking to accept or agree to these Terms of Service when this option is made available to you, you signify that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy and User Policies, which are incorporated here by reference, and to the collection and use of your information as set forth in the Hagerty DriveShare Privacy Policy whether or not you are a registered member.

 

The marketplace is available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By accessing the marketplace, you represent and warrant that you are of legal age to form a binding contract with Hagerty DriveShare and meet all of the foregoing eligibility requirements.  If you do not meet these requirements, you must not access the marketplace or use any Services.

 

If you have any questions for us concerning the Agreement or Hagerty DriveShare generally, please contact us at support@driveshare.com.

 

Thank you for your interest in Hagerty DriveShare!

 

The Hagerty DriveShare Team

 

Hagerty Proprietary Rights:

You acknowledge and agree that the Hagerty Website and all materials on it, including without limitation, the Website’s content, software, technology and databases, contain proprietary information and data that is protected by applicable copyright, trademark, trade secret and other intellectual property laws (Hagerty’s "Proprietary Information").

The Proprietary Information also includes, without limitation, the software programming and html and other code contained in the Hagerty Website, Hagerty Valuation Tools and other vehicle information, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Hagerty Website.

Hagerty Valuation Tools is a compilation of information and data on the price of vehicles that is derived from a variety of sources including Hagerty’s own proprietary data and Hagerty’s own valuation experts. All Proprietary Information on Hagerty’s Website is owned by or licensed to Hagerty and may only be used pursuant to the “License for Personal Use” below.

 

General Terms:

The following terms apply to each user (including car renters and car owners) of the Hagerty DriveShare marketplace:

 

Registration and Verification

When you sign-up for various services offered by Hagerty DriveShare, you will provide certain information about yourself (e.g. information concerning your car, your driving record, etc.). It is a condition of your use of the Services that you provide complete and accurate information to Hagerty DriveShare. Hagerty DriveShare will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Hagerty DriveShare to request, receive, use and store such information for a reasonable period of time. You agree that all information you provide to register for the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. Hagerty DriveShare may accept or reject your registration application in its discretion for any reason.

 

Ongoing Information Updates:

You promise to update the information you have provided to Hagerty DriveShare in the event of any changes to your driving record or contact information. Specifically with respect to your contact information, Hagerty DriveShare may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. Hagerty DriveShare may use and share your information as described in our Privacy Policy.

 

Incorporation of Additional Terms

Hagerty DriveShare's User Policies provide additional terms of your use of the Hagerty DriveShare marketplace and Services (e.g., terms describing car use and payment requirements) that are legally binding and are now incorporated into this Agreement. In addition, Hagerty DriveShare’s Privacy Policy will apply to all of the activities described in this Agreement and is hereby incorporated into this Agreement. Please review those policies carefully. If you have any questions concerning those policies, please contact us at support@driveshare.com.

 

Your Commitments

You agree that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by Hagerty DriveShare. You promise Hagerty DriveShare that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with Hagerty DriveShare won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations. You agree to defend, indemnify and hold harmless Hagerty DriveShare, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, any use of the website's content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the website.

 

User Generated:

The Hagerty DriveShare 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:

  1. You represent and warrant that:
    1. 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
    2. 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 service to Submit content that:
    1. 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);
    2. promotes or contains information that you know, or should know, is false or misleading;
    3. furthers or promotes any criminal activity or enterprise or provides instructional information about criminal or otherwise illegal activities;
    4. contains a photograph(s) of, or information about, another person that you have posted without that person’s consent;
    5. contains viruses, Trojan horses, worms, or any other disruptive or harmful component;
    6. 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 in Paragraphs A & B.
  4. You acknowledge that Hagerty DriveShare 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 DriveShare Website and any content you Submit to the Hagerty DriveShare 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 DriveShare.
  5. By submitting content to the Hagerty DriveShare 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 DriveShare’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 DriveShare 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 DriveShare 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.
  6. 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 DriveShare Website or services, and you agree to notify Hagerty immediately if you are aware of such an attempt.
  7. You acknowledge and agree that Hagerty DriveShare has no obligation to review or monitor content Submitted by you, and you acknowledge that Hagerty DriveShare 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 DriveShare Website.
  8. You also acknowledge and agree that, notwithstanding Paragraph 7, Hagerty DriveShare 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 DriveShare. Hagerty DriveShare 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 DriveShare that incorporates information, photographs, data or other materials that you Submitted. You acknowledge and agree that Hagerty DriveShare may use any such Submitted information in a compilation and that Hagerty DriveShare is the sole owner of any such compilation of Submitted information.

 

Acceptable Uses:

You agree that you will not use the Website in violation of any term or condition of this Agreement, outside of its customary and intended purposes, to violate the rights of third parties, or to violate any applicable rule, law, regulation, ordinance, treaty, or statute, whether local, state, provincial, regional, national, or international. You are explicitly prohibited from:

  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 content through the Website that is harassing, threatens or encourages bodily harm, constitutes hate speech, or advocates for the destruction of property;
  9. Posting or transmitting content through the Website that infringes upon the rights of third parties, including intellectual property or other personal or proprietary rights;
  10. Posting or transmitting content through the Website that constitutes fraud, a phishing scam, a pyramid scheme, or a chain letter;
  11. Posting or transmitting content through the Website that is obscene, lewd, lascivious, or otherwise illegal.

 

Consent to Electronic Communications:

If you provide your email address to Hagerty, you consent to receive communications from Hagerty DriveShare 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.

 

Protection:

In addition to the terms set forth in Sections 16 and 25 below, during the applicable rental period (i.e., the scheduled start time of renter’s reservation through their return of the car), Hagerty DriveShare will provide certain comprehensive and collision protection for the car, as well as liability insurance for bodily injury and property damage arising from use of the car. You understand and agree that, for “Uninsured/Underinsured Motorists & No-Fault” (including Medical Payments/First Party Benefits/Personal Injury Protection etc.): Hagerty DriveShare has either waived such coverage entirely or subscribed to the lowest limit allowable by state law and that you are bound by the election and agree to be so bound. The liability insurance and the comprehensive and collision protection shall be excess and contingent over any other valid and collectible insurance that may be available to the renter. Insurance amounts and other details may be found in the Hagerty DriveShare User Policies. If you have questions about your own personal insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service and you or your insurance professional still have questions regarding the Hagerty DriveShare protections, please contact us at support@driveshare.com and we will connect you with our broker to explain how our protections operate.

 

Termination

You may discontinue your use of the Hagerty DriveShare marketplace or any Services at any time and Hagerty DriveShare may terminate your access to the Hagerty DriveShare marketplace or any Services for any reason or no reason. Termination of access to the marketplace or any Services will not release either party from any obligations incurred prior to the termination and Hagerty DriveShare may retain and continue to use for its own internal purposes any information previously provided by you. Hagerty DriveShare will not be liable to you or any third party for termination of access or use of this Website or Service. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.

 

Disclaimer of Warranty and Limitation of Liability

This Agreement describes all of Hagerty DriveShare’s obligations in the event of any loss or damage resulting from your participation in the marketplace or the Services. To disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:


HAGERTY DRIVESHARE PROVIDES A MARKETPLACE THAT ENABLES CAR RENTAL SERVICES BETWEEN CAR OWNERS AND CAR RENTERS. HAGERTY DRIVESHARE DOES NOT PROVIDE CAR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE CAR MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-CAR GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, HAGERTY DRIVESHARE HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH HAGERTY DRIVESHARE, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HAGERTY DRIVESHARE MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY CARS RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HAGERTY DRIVESHARE WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL HAGERTY DRIVESHARE BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN HAGERTY DRIVESHARE’S EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, HAGERTY DRIVESHARE’S LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT OR $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

 

No Agency

Hagerty DriveShare does not intend to appoint you or any other user of the marketplace or any Services as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Hagerty DriveShare and Hagerty DriveShare will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.

 

No License:

driveshare.com and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Hagerty DriveShare, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except as part of the intended use of the Hagerty DriveShare marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. All rights are expressly reserved.

 

Copyright Complaints:

We respect the intellectual property of others. If you believe that your work has been copied — by us or by any third party on the Hagerty Website — in a manner that constitutes 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:

 

Hagerty 
Attention: Legal Department 
141 River’s Edge Dr., Suite 200 
Traverse City, MI 49684

 

Miscellaneous

 

This Agreement states the entire understanding between you and Hagerty DriveShare concerning your participation in the marketplace and the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of Hagerty DriveShare. You will remain responsible for your obligations contained here in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Hagerty DriveShare. Hagerty DriveShare’s failure to exercise any right under this Agreement will not constitute a waiver of any other right Hagerty DriveShare may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws provisions.   You and we agree to submit to the personal jurisdiction of the state and federal courts located in Grand Traverse County, Michigan or the District Court for the Western District of Michigan.  There is personal vehicle sharing legislation that may apply to you; for more information, please contact us at support@driveshare.com.

 

Terms for Renters

The following Sections apply if you rent a car using the Hagerty DriveShare marketplace:

 

Information provided to Hagerty DriveShare:

As part of establishing and maintaining your status as an authorized renter through the Hagerty DriveShare marketplace, you will need to provide certain information about yourself and your driving record. You understand and agree that you must meet the eligibility requirements at all times that you use a car through the marketplace; if, after initial approval, you later fail to meet the eligibility requirements (e.g., you have a subsequent driving violation that would make you ineligible), you are required to inform us of the change in status, and refrain from renting or driving cars via Hagerty DriveShare. As stated above, you have authorized Hagerty DriveShare to obtain your driving record and other applicable reports at any time, in order to verify that you meet the eligibility requirements of the marketplace. You understand and agree that Hagerty DriveShare may periodically request additional verification of eligibility and proper verification of usage from you as a renter, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Hagerty DriveShare may terminate your membership immediately. Hagerty DriveShare may, subject to these Terms of Service and the Privacy Policy, retain and continue to use for its own internal purposes any information previously provided by you. All of your information will be held and treated in accordance with the Privacy Policy. To note, any failure to disclose car-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership, effective as of such failure.

 

Fees and Losses:

You are responsible for paying all fees when they come due in connection with your use of the marketplace and the Services. You authorize Hagerty DriveShare to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the car. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the car has not been parked in an authorized and legal parking space). With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by Hagerty DriveShare will not be available to you until your personal insurance has been exhausted. Additionally, Hagerty DriveShare protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Hagerty DriveShare User Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Hagerty DriveShare marketplace. You agree that in the event damage is reported, Hagerty DriveShare may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Hagerty DriveShare’s legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace) or any Services. You acknowledge that Hagerty DriveShare does require and hold a deposit as part of the reservation of a car.

 

Use of the Car:

When you rent a car through Hagerty DriveShare, you may use the car only for your personal use and not for any commercial purposes (e.g. running a taxi service). You must exercise reasonable care in your use of the car. In the event Hagerty DriveShare has any concern about your use of a vehicle, Hagerty DriveShare may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear seatbelts during the operation of the car and to require that all of your passengers wear seatbelts as well. You are also required to meet any laws or regulations concerning car seats and other protections for young passengers. The Hagerty DriveShare User Policies section provides a list of Prohibited Uses of any car rented through the Hagerty DriveShare marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Hagerty DriveShare customer service at support@driveshare.com. You will be fully responsible for any claims, loss or damage related to your misuse of a car. Renters also acknowledge that using a vehicle in a prohibited manner may lower the renter’s liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.

 

Condition of the Car:

You understand that, unless otherwise specifically noted, the cars offered though the Hagerty DriveShare marketplace are owned by third parties and are not owned or maintained by Hagerty DriveShare. Each owner is responsible for maintaining and repairing the car(s) they offer through the marketplace in a roadworthy condition and is ultimately responsible for the condition of the car at the beginning of the rental period. Please complete a visual inspection of any rented car before you begin your use of the car. If you find damage in your initial inspection, you must notify Hagerty DriveShare immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, Hagerty DriveShare may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Hagerty DriveShare team immediately at 1-877-922-1702.

 

Incident Reporting:

You must immediately report any damage to the car you are using to Hagerty DriveShare at support@driveshare.com, or 1-877-922-1702, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Hagerty DriveShare with a written description of the incident and any other information Hagerty DriveShare may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Hagerty DriveShare, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Hagerty DriveShare staff. Failure to timely report an incident may reduce or invalidate protection from Hagerty DriveShare.

 

Insurance:

In addition to the terms of the Protection section above, you understand and agree that Hagerty DriveShare will provide primary liability insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with Hagerty DriveShare User Policies and all available state car sharing statutes. Hagerty DriveShare will provide certain liability insurance and protection against physical damage losses as described in this Agreement and the Hagerty DriveShare User Policies. You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a Hagerty DriveShare car. If Hagerty DriveShare advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Hagerty DriveShare’s schedule for re-payment of those amounts to Hagerty DriveShare.

 

Waiver:

Hagerty DriveShare provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, Hagerty DriveShare and the applicable car owner do not intend to take liability with respect to your use of the Hagerty DriveShare marketplace, the Services, or the applicable car(s).

 

AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST HAGERTY DRIVESHARE AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “HAGERTY DRIVESHARE PARTIES”) AND THE CAR OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE OR ANY SERVICES INCLUDING, WITHOUT LIMITATION, A CAR NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN A CAR, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR PASSENGERS AND, IN THE CASE OF THE HAGERTY DRIVESHARE PARTIES, ANY ACTIONS OR INACTION OF THE CAR OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Terms for Owners

The following Sections apply if you rent out your car through the Hagerty DriveShare marketplace:

 

Information Given at Registration

When you sign up for Hagerty DriveShare, you will identify a particular passenger car(s) that you want to list for rent through the marketplace. Each car must meet the requirements provided by Hagerty DriveShare on the Hagerty DriveShare site from time to time. You may only use the marketplace in connection with cars that you own or otherwise have all the necessary rights and permissions to rent out.

 

Car Availability

Once you accept a reservation and it is booked, you are required to make the car available as expected by the renter. You must also include the general location of the car on your profile page and ensure that the car is available at that location at the beginning of the rental period.

 

Rental Fees

You will have the ability to set and revise the vehicle’s rental rates as you choose. Hagerty DriveShare will pay you the amount collected from those who rent your car, less the applicable fees payable to Hagerty DriveShare, as well as any taxes or similar charges that Hagerty DriveShare collects. You acknowledge that Hagerty DriveShare’s fees may change from time to time. A current fee schedule can be found at Hagerty DriveShare Fees Policy. The fees that apply to you will be the same as posted on the Hagerty DriveShare site at the time of the applicable rental. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. Hagerty DriveShare will need certain information from you to ensure we can report income paid to you as required by law. Hagerty DriveShare may withhold payments until we have received that information from you.

 

Maintenance

You are required to regularly check your car for any defects in its operations or safety and have your car inspected as described in the Maintenance Policy. You promise that, at all times, your car will be in safe and roadworthy condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If Hagerty DriveShare believes that your car does not conform to reasonable standards, Hagerty DriveShare will notify you and reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved.

 

Decals

Hagerty DriveShare may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your car while you participate in the marketplace. Hagerty DriveShare will provide instructions for removal of those labels or decals in connection with any termination of your participation in the marketplace.

 

Event Reporting

If you believe that a renter has caused any damage to your car, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the reservation) and to provide reasonable cooperation in our investigation of the damage. In any event, with each break in rental activity you need to inspect your car and report any damage that you believe was caused by a renter. Based on its investigation, Hagerty DriveShare will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, Hagerty DriveShare will reimburse you for the loss as described in Sections 24, 25 and 26 below. If Hagerty DriveShare is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. In that case, you agree that we may decline any financial responsibility for such damage.

 

Physical Damage:

Subject to all of the terms of this Agreement, during each rental period, Hagerty DriveShare will bear the risk of theft, destruction or damage with respect to your car. In the event of a loss that is covered by this Agreement, Hagerty DriveShare will either pay you the reasonable and actual expenses of repair of the car or, if that amount is greater than the agreed cash value of your car, pay you the agreed cash value. Note, if Hagerty DriveShare insurer chooses to pay you the agreed cash value for your car, you will be required to transfer title to the car to Hagerty DriveShare or its agent. The standard for the car’s “agreed cash value” will be the amount agreed upon during the listing process and subsequent approved adjustments or other industry-accepted, comparable source as determined by Hagerty DriveShare or its third party claims administrators in their discretion. There are some exceptions to Hagerty DriveShare obligations under this Section: Hagerty DriveShare is not responsible for any personal property that is taken from your car or damaged during a rental period. We recommend that you remove all personal property before making the car available for a reservation. In addition, you should expect normal wear and tear on your car, including minor scrapes and dings, in connection with your participation in the marketplace. To the extent allowed by applicable law, Hagerty DriveShare will not reimburse you for normal wear and tear to your car. Furthermore, Hagerty DriveShare will only provide protection for “comprehensive” losses due to acts of nature (e.g., flood, earthquake, severe weather, etc.) that equal the corresponding comprehensive coverage you have in effect immediately prior to the reservation period, as evidenced by valid written documentation of your existing insurance.

 

Other Insurance and Legal Matters:

In addition to the terms provided in Section 5 above, You agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your car. There is personal vehicle sharing legislation that may apply to you; for more information contact Hagerty DriveShare at support@driveshare.com. With respect to any insurance policy procured by Hagerty DriveShare for your benefit, you hereby appoint Hagerty DriveShare as your attorney-in-fact solely for the purpose of filing claims, receiving payment and otherwise administering that policy. You also promise to maintain any proof of insurance in your car during every registration period, as requested by Hagerty DriveShare. Hagerty DriveShare may obtain insurance through a third party provider, or may choose to self-insure (meaning Hagerty DriveShare takes on part or all of the insurance obligations itself, subject to all applicable laws and regulations). As part of your participation in the marketplace, you must maintain your own insurance policy and meet any minimum insurance levels required by law. You agree to provide Hagerty DriveShare with information regarding your policy’s coverage as may be requested from time to time. You must inform Hagerty DriveShare promptly in the event information previously provided changes. Except with respect to losses to be paid by Hagerty DriveShare as described above, you will be fully responsible for any losses or damages suffered by any party as the result of your activities under this Agreement.

 

Indemnification:

In the event of any claim for a loss or injury that occurs during the use of your car by a Hagerty DriveShare renter (or by Hagerty DriveShare itself), Hagerty DriveShare will defend and indemnify you against such claims as required by applicable law. In connection with any indemnified claim, you are required to: (a) give Hagerty DriveShare prompt written notice of the claim; (b) allow Hagerty DriveShare sole control over the defense of the claim; and (c) provide Hagerty DriveShare reasonable cooperation in its defense of the claim, at Hagerty DriveShare’s expense.

 

Consent to Electronic Communications

When you opt-in to the service, we will send you an SMS message to confirm your signup.

You can cancel the SMS service at any time. Just text "STOP" to 774-450-0022. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If at any time you forget what keywords are supported, just text "HELP" to 774-450-0022. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 3-4 messages/rental. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

 

If you have any questions regarding privacy, please read our Privacy Policy.

 

Consent to Driver Verification: 

Hagerty DriveShare LLC (the “Company”) has engaged Checkr, Inc. to obtain a consumer report and/or investigative consumer report for driver verification purposes. Checkr Inc. will provide a background investigation as a pre-condition of your engagement with the Company and in compliance with federal and state employment laws. 

 

Rights under the FCRA

 

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go to www.consumerfinance.gov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.

 

  • You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment – or to take another adverse action against you – must tell you, and must give you the name, address, and phone number of the agency that provided the information.

 

  • You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your “file disclosure”). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:

 

  • a person has taken adverse action against you because of information in your credit report;

 

  • you are the victim of identity theft and place a fraud alert in your file; o your file contains inaccurate information as a result of fraud; you are on public assistance;

 

  • you are unemployed but expect to apply for employment within 60 days.
    In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.

 

  • You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.

 

  • You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation of dispute procedures.

 

  • Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.

 

  • Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

 

  • Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.

 

  • You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.consumerfinance.gov/learnmore.

 

  • You may limit “prescreened” offers of credit and insurance you get based on information in your credit report. Unsolicited “prescreened” offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).

 

  • You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

 


States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your federal rights, contact: 

 

DISCLOSURE REGARDING BACKGROUND INVESTIGATION

Hagerty DriveShare LLC. (“the Company”) may obtain information about you from a third party consumer reporting agency for verification purposes. Thus, you may be the subject of a “consumer report” and/or an “investigative consumer report” which may include information about your character, general reputation, personal characteristics, and/or mode of living. These reports may contain information regarding your motor vehicle records (“driving records”), criminal history, or other background checks.

 

You have the right, upon written request made within a reasonable time, to request whether a consumer report has been run about you, and disclosure of the nature and scope of any investigative consumer report and to request a copy of your report.
Please be advised that the nature and scope of the most common form of investigative consumer report is an MVR history or verification. These searches will be conducted by Checkr, Inc., 2505 Mariposa St. San Francisco, CA 94110 | 844-824-3247 | applicant.checkr.com. The scope of this disclosure is all-encompassing, however, allowing the Company to obtain from any outside organization all manner of consumer reports throughout the course of your engagment to the extent permitted by law.

 

Para información en español, visite www.consumerfinance.gov/learnmore o escribe al Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552

 

ACKNOWLEDGMENT AND AUTHORIZATION FOR BACKGROUND CHECK

I acknowledge receipt of the above documents entitled DISCLOSURE REGARDING BACKGROUND INVESTIGATION and A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT and certify that I have read and understand both of those documents. I hereby authorize the obtaining of “consumer reports” and/or “investigative consumer reports” by the Company at any time after receipt of this authorization and throughout my engagement with Hagerty DriveShare LLC., if applicable. To this end, I hereby authorize, without reservation, any law enforcement agency, administrator, state or federal agency, institution, school or university (public or private), information service bureau, employer, or insurance company to furnish any and all background information requested by Checkr, Inc., 2505 Mariposa St. Floor 2, San Francisco, CA 94110 | 844- 824-3247 | applicant.checkr.com. I agree that an electronic copy of this Authorization shall be as valid as the original.

  • New York applicants only: Upon request, you will be informed whether or not a consumer report was requested by the Company, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report. You have the right to inspect and receive a copy of any investigative consumer report requested by the Company by contacting the consumer reporting agency identified above directly. By signing below, you acknowledge receipt of Article 23-A of the New York Correction Law

  • Washington State applicants only: You also have the right to request from the consumer reporting agency a written summary of your rights and remedies under the Washington Fair Credit Reporting Act.

  • Minnesota and Oklahoma applicants only: Please email support@driveshare.com if you would like to receive a copy of a consumer report if one is obtained by the Company.

  • California applicants only: Under California Civil Code section 1786.22, you are entitled to find out what is in the CRA’s file on you with proper identification, as follows:

    •  In person, by visual inspection of your file during normal business hours and on reasonable notice. You also may request a copy of the information in person. The CRA may not charge you more than the actual copying costs for providing you with a copy of your file.

    • A summary of all information contained in the CRA file on you that is required to be provided by the California Civil Code will be provided to you via telephone, if you have made a written request, with proper identification, for telephone disclosure, and the toll charge, if any, for the telephone call is prepaid by or charged directly to you.

    • By requesting a copy be sent to a specified addressee by certified mail. CRAs complying with requests for certified mailings shall not be liable for disclosures to third parties caused by mishandling of mail after such mailings leave the CRAs.

    • “Proper Identification” includes documents such as a valid driver’s license, social security account number, military identification card, and credit cards. Only if you cannot identify yourself with such information may the CRA require additional information concerning your employment and personal or family history in order to verify your identity. The CRA will provide trained personnel to explain any information furnished to you and will provide a written explanation of any coded information contained in files maintained on you. This written explanation will be provided whenever a file is provided to you for visual inspection. You may be accompanied by one other person of your choosing, who must furnish reasonable identification. An CRA may require you to furnish a written statement granting permission to the CRA to discuss your file in such person’s presence.

    • Please email support@driveshare.com if you would like to receive a copy of an investigative consumer report or consumer credit report at no charge if one is obtained by the Company whenever you have a right to receive such a copy under California law.