July 1, 2017
Welcome to ClassicsandExotics.com, a peer-to-peer classic and exotic car rental marketplace web site and online service provided by Hagerty DriveShare, LLC. ("Classics&Exotics" "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.
The marketplace is available to users who are  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 Classics&Exotics 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 Classics&Exotics generally, please contact us at firstname.lastname@example.org.
Thank you for your interest in Classics&Exotics!
The Classics&Exotics Team
The following terms apply to each user(including car renters and car owners) of the Classics&Exotics marketplace:
- 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 Classics&Exotics. You promise Classics&Exotics that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with Classics&Exotics 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 Classics&Exotics, 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.
- 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), Classics&Exotics 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.): Classics&Exotics 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 Classics&Exotics 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 Classics&Exotics protections, please contact us at email@example.com and we will connect you with our broker to explain how our protections operate.
- Termination. You may discontinue your use of the Classics&Exotics marketplace or any Services at any time and Classics&Exotics may terminate your access to the Classics&Exotics 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 Classics&Exotics may retain and continue to use for its own internal purposes any information previously provided by you. 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 Classics&Exotics’ obligations in the event of any loss or damage resulting from your participation in the marketplace or the Services. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:
CLASSICS&EXOTICS PROVIDES A MARKETPLACE THAT ENABLES CAR RENTAL SERVICES BETWEEN CAR OWNERS AND CAR RENTERS. CLASSICS&EXOTICS 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, CLASSICS&EXOTICS HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE CARS AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH CLASSICS&EXOTICS, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLASSICS&EXOTICS 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 CLASSICS&EXOTICS WILL CREATE ANY EXPRESS WARRANTY. IN NO EVENT WILL CLASSICS&EXOTICS BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN CLASSICS&EXOTICS’ EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, CLASSICS&EXOTICS’ 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 BYYOU 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. Classics&Exotics does not intend to appoint you or any other user of the marketplaceor 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 Classics&Exotics and Classics&Exotics will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.
- No License. classicsandexotics.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 Classics&Exotics, 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 Classics&Exotics 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 hereby expressly reserved.
- General. This Agreement states the entire understanding between you and Classics&Exotics 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 Classics&Exotics. You will remain responsible for your obligations hereunder 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 Classics&Exotics. Classics&Exotics’ failure to exercise any right under this Agreement will not constitute a waiver of any other right Classics&Exotics may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, 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 Boston, Massachusetts. There is personal vehicle sharing legislation that may apply to you; for more information,please contact us at firstname.lastname@example.org.
Terms for Renters
The following Sections 11–17 apply if you rent a car using the Classics&Exotics marketplace:
- 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 Classics&Exotics 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 Classics&Exotics will not be available to you until your personal insurance has been exhausted. In addition, Classics&Exotics 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 Classics&Exotics 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 Classics&Exotics marketplace. You agree that in the event damage is reported, Classics&Exotics 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 Classics&Exotics’ legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace) or any Services. You acknowledge that Classics&Exoticsdoes require and hold a deposit as part of the reservation of a car.
- Use of the Car. When you rent a car through Classics&Exotics, 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 Classics&Exotics has any concern about your use of a vehicle, Classics&Exotics 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 Classics&Exotics User Policies section provides a list of Prohibited Uses of any car rented through the Classics&Exotics marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Classics&Exotics customer service at email@example.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 Classics&Exotics marketplace are owned by third parties and are not owned or maintained by Classics&Exotics. 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 Classics&Exotics 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, Classics&Exotics 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 Classics&Exotics team immediately at 1-800-665-7457.
- Incident Reporting. You must immediately report any damage to the car you are using to Classics&Exotics at firstname.lastname@example.org, or 1-800-665-7457, 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 Classics&Exotics with a written description of the incident and any other information Classics&Exotics 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 Classics&Exotics, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Classics&Exotics staff. Failure to timely report an incident may reduce or invalidate protection from Classics&Exotics.
- Insurance. In addition to the terms in Section 5 above:
You understand and agree that Classics&Exotics will provide primary liability insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with Classics&Exotics User Policies and all available state car sharing statutes. Classics&Exotics will provide certain liability insurance and protection against physical damage losses as described in this Agreement and the Classics&Exotics 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 Classics&Exotics car. If Classics&Exotics advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Classics&Exotics’ schedule for re-payment of those amounts to Classics&Exotics.
- Waiver. Classics&Exotics provides a marketplace to allow car owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, Classics&Exotics and the applicable car owner do not intend to take liability with respect to your use of the Classics&Exotics marketplace, the Services, or the applicable car(s). AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST CLASSICS&EXOTICS AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “CLASSICS&EXOTICS 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 CLASSICS&EXOTICS 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 18–26 apply if you rent out your car through the Classics&Exotics marketplace:
- Information Given at Registration. When you sign-up for Classics&Exotics, 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 Classics&Exotics on the Classics&Exotics 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. Classics&Exotics will pay you the amount collected from those who rent your car, less the applicable fees payable to Classics&Exotics, as well as any taxes or similar charges that Classics&Exotics collects. You acknowledge that Classics&Exotics’ fees may change from time to time. A current fee schedule can be found at Classics&Exotics Fees Policy. The fees that apply to you will be the same as posted on the Classics&Exotics 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. Classics&Exotics will need certain information from you to ensure we can report income paid to you as required by law. Classics&Exotics 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 Classics&Exotics believes that your car does not conform to reasonable standards, Classics&Exotics will notify you and reserves the right to refrain from listing your car on the marketplace until its concerns have been resolved.
- Decals. Classics&Exotics 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. Classics&Exotics 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, Classics&Exotics will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If it was, Classics&Exotics will reimburse you for the loss as described in Sections 24, 25 and 26 below. If Classics&Exotics 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, Classics&Exotics 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, Classics&Exotics 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 Classics&Exotics chooses to pay you the agreed cash value for your car, you will be required to transfer title to the car to Classics&Exotics 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 Classics&Exotics or its third party claims administrators in their discretion. There are some exceptions to Classics&Exotics obligations under this Section: Classics&Exotics 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, Classics&Exotics will not reimburse you for normal wear and tear to your car. Furthermore, Classics&Exotics 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 Classics&Exotics at email@example.com. With respect to any insurance policy procured by Classics&Exotics for your benefit, you hereby appoint Classics&Exotics 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 Classics&Exotics. Classics&Exotics may obtain insurance through a third party provider, or may choose to self-insure (meaning Classics&Exotics 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 Classics&Exotics with information regarding your policy’s coverage as may be requested from time to time. You must inform Classics&Exotics promptly in the event information previously provided changes.Except with respect to losses to be paid by Classics&Exotics 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 Classics&Exotics renter (or by Classics&Exotics itself), Classics&Exotics 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 Classics&Exotics prompt written notice of the claim; (b) allow Classics&Exotics sole control over the defense of the claim; and (c) provide Classics&Exotics reasonable cooperation in its defense of the claim, at Classics&Exotics’ expense.
- SMS Alerts. 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.