<

Last Updated October 2023

Your use of this website constitutes your agreement to be bound by these website terms and conditions of use.

These terms contain a mandatory arbitration provision that, as further set forth below, requires the use of arbitration on an individual basis to resolve disputes, in lieu of jury trials, other court proceedings, or class actions of any kind.

This Website Terms and Conditions of Use (“Terms”) constitutes a legally binding agreement between you and Speed Digital, LLC (“Company”), a North Carolina limited liability company. These Terms govern your use of speeddigital.com and any other website or mobile app on which these Terms appear (collectively the “Site”). Company may change the Terms from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms.

General. By accepting the Terms through your use of the Site, you affirm that you are either (i) 18 years of age or older, or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to be bound by these Terms on behalf of a person between the ages of 13 and 17, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur, and you agree that you will ensure that neither you nor your child submits your child’s personally identifiable information to Company via the website as Company does not collect or store the personal information of persons under age 18. Note that persons under age 18 may not subscribe to any of our cloud software services, including the Dealer Accelerate®, Auction Accelerate℠, and Private Collection℠ platforms. We believe the content on the Site is suitable for everyone; federal law (47 U.S.C. § 230(d)) nevertheless requires that we notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information, go to consumer.ftc.gov.

You agree that your use of the Site is entirely at your own risk. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, COMPANY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER COMPANY NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTRACTORS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF COMPANY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTRACTORS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site and is the copyright owner or licensee of the content and/or information on this Site including to any screens appearing on the Site. Clicking on links within this Site might take you to other websites having content for which Company assumes no responsibility.

User Conduct. While using the Site, you may not:

  • Restrict or inhibit any other visitor from using or enjoying the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
  • Use the Site or content on or from the Site for any unlawful purpose;
  • Express or imply that any statement you make is endorsed by Company;
  • Post or transmit any unlawful, confidential, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or foreign law, including without limitation the U.S. export control laws and regulations;
  • Engage in spamming, flooding, phishing, or other activity intended to gather information unlawfully;
  • Publish or distribute any material that infringes on the rights, including intellectual property rights, of another;
  • Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses, and defects;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
  • Remove any copyright, trademark, patent, or other notices of proprietary rights contained on the Site
  • "Frame" or "mirror" any part of the Site without Company's prior written authorization;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
  • Harvest or collect information about Site visitors;
  • Take any action that imposes an unreasonable or disproportionately large load on Company's infrastructure; or
  • Use the Site for any reseller activities. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Company or another seller) through any channel to downstream customers

Company has the right, but not the obligation, to monitor, screen, post, remove, modify, store, and review any user posts to the Site and any communications sent via the Site. Unless Company agrees otherwise in writing, any communication or material of any kind that you transmit through this Site will be treated as non-confidential and non-proprietary; and Company is free to use any ideas, concepts, know-how, or techniques disclosed in such communications without compensation to you.

Product and Service Descriptions, Price and Other Information. We have taken reasonable precautions to ensure that all product descriptions, prices, and other information shown on our Site are correct and fairly described. However, when ordering services through our Site, please note that:

  • Company reserves all lawful rights to refuse or discontinue the supply of any service to any customer, or change, suspend, or discontinue any aspect of our Site at any time in our sole and absolute discretion;
  • all prices are displayed in United States Dollars unless expressly indicated otherwise;
  • content may vary from that shown on our Site;
  • any measurements and capacities shown on our websites are approximate only; and,
  • you will be responsible for all applicable taxes, which may be collected by us.

Please also note that we may be required to change the terms of any goods or services that we offer and/or you purchase. This includes without limitation changes to prices, taxes, shipping, and handling amounts, specifications, delivery times, and/or package contents.

Failure to Comply with Terms. You acknowledge and agree that Company may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Company in its sole discretion believes violates any of the Terms, violates any rights of Company, or otherwise merits termination or denial of access.

Indemnification. You agree to defend, indemnify, and hold Company and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys fees, arising in any way from your use of the Site or the placement or transmission of any materials through the Site by you or users of your account or related to any violation of these Terms by you or users of your account.

Copyright Complaints

We respect others' intellectual property. If you believe that your work has been copied — by us or by any third party on the Site — in a way that creates copyright infringement, please provide us with the following written information.

  1. A description of the copyrighted work that you claim has been infringed upon;
  2. A description of where the material that you claim is infringing is located on the Site, 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 Site should be sent to:

Hagerty Attention: Legal Department 121 Drivers Edge Traverse City, MI 49684
Or by email at: dmca@hagerty.com

Applicable Law. These Terms of Service shall be deemed entered into and shall be interpreted under the laws of the State of North Carolina without regard to choice of law provisions. All disputes arising out of or related to these Terms of Service shall be subject to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Charlotte, North Carolina

Arbitration. PLEASE READ THIS SECTION CAREFULLY because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.

Arbitration is different from court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, biding, and subject to only limited review by a court. You agree to give up your right to a trial in court except for certain small claims as described below. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to these Terms. Any dispute or claim made by you against Company or against any of our subsidiaries, parents, or affiliated companies arising out of these Terms, whether based on contract, statute, fraud, misrepresentation, tort, or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.

You must first present any claim or dispute to Company by emailing a complete description of the basis for the claim or dispute to Legal@speeddigital.com. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days of you emailing the basis to us.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of a nationwide arbitration organization, as modified in these Terms. Any arbitration will be conducted in Charlotte, North Carolina. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class-wide or representative basis, or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award damages that any statute deems unwaivable and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

The decisions of the arbitrator shall be binding and conclusive upon all parties involved, and any judgment or decision on an arbitration may be entered in and specifically enforced in any court having proper jurisdiction. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect. Unless an applicable statute expressly permits awarding attorney’s fees to the prevailing party, all administrative fees and expenses of arbitration will be divided equally between you and Company. Each party will bear the expense of its own counsel, experts, witnesses, facility fees, and preparation and presentation of evidence at any arbitration hearing.

Severability. If any provision of these Terms is deemed invalid, the remaining provisions will remain in full force and effect.

Entire Agreement. These Terms constitute the sole and entire agreement between you and Company and supersede all prior agreements with respect to your use of the Site. In the event of a conflict between these Terms and the terms you agree to as part of engaging any of Company’s services, including software subscription services, (“Subscription Terms”) then the Subscription Terms will prevail.