Terms of Service
Agreement between User and Hay Neighbor:
Welcome to Hay Neighbor! Hay Neighbor is owned and operated by McFamily LLC doing business as Hay Neighbor. The following document refers to Hay Neighbor as the familiar name for McFamily LLC. Any use of “we/us” refers to McFamily LLC DBA Hay Neighbor. The Hay Neighbor website (the "Site") is composed of various web pages operated by Hay Neighbor. Hay Neighbor is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Hay Neighbor constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Hay Neighbor is an E-Commerce Site.
Hay Neighbor is an online marketplace that connects horse people of all types. We provide short term accommodations for horses and owners.
Privacy Your use of Hay Neighbor is subject to Hay Neighbor's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications Visiting Hay Neighbor or sending emails to Hay Neighbor constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Hay Neighbor is not responsible for third party access to your account that results from theft or misappropriation of your account. Hay Neighbor and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen Hay Neighbor does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Hay Neighbor only with permission of a parent or guardian.
Cancellation/Refund Policy Reservations can be canceled with no penalty up to 48 hours before check in. Check in time is 2pm on the day of reservation. Reservations that are canceled 48 hours prior to 2pm the day of check in are eligible for a full refund. Cancellations made 24 hours prior to 2pm the day of check in will be eligible for a 50% refund. Cancellations made after the 24 hour period prior to 2pm of check in will be non-refundable.
Hosting on Hay Neighbor Host. As a Host, Hay Neighbor offers you the right to use the Site to share your accommodation with potential guest. You are responsible for creating the listing for your accomodation and you are in control of how you host - set your price, availability, and establish rules for each listing.
Contracting with Guests. When you accept a booking request, or receive a booking confirmation through the Site, you are entering into a contract directly with the guest, and are responsible for delivering your accommodation under the terms and at the price specified in your listing. You are also agreeing to pay applicable fees like Hay Neighbor’s service fee, and all applicable taxes for each booking.
Independence of Hosts. Your relationship with Hay Neighbor is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Hay Neighbor. Hay Neighbor does not direct or control your accommodation, and you agree that you have complete discretion whether and when to provide your accommodation, and at what price and on what terms to offer it.
Assumption of Risk. You acknowledge that hosting carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Site, offering your accommodation, or any interaction you have with other users of the Site whether in person or online. You agree that you have had the opportunity to investigate the Site and any laws, rules, regulations, or obligations that may be applicable to your accommodation and that you are not relying upon any statement of law made by Hay Neighbor.
Guest Terms Booking. When you book an accommodation, you are agreeing to pay all charges for your booking including the listing price, applicable fees like Hay Neighbor’s service fee and other applicable fees and taxes, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Hay Neighbor may charge the payment method used to book the accommodation. When you receive the booking confirmation, a contract for host services (a "Reservation") is formed directly between you and the applicable host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking the applicable accommodation.
Guest Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any accommodation. For example, this means: (i) you are responsible for leaving an accommodation (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable damage claim amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to an accommodation, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to an accommodation, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Site and any, including your stay at any accommodation, or any other interaction you have with other Site users whether in person or online. This means it is your responsibility to investigate the applicable accommodation to determine whether it is suitable for you. For example, accessing accommodations may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to book the accommodation.
Links to Third Party Sites/Third Party Services Hay Neighbor may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hay Neighbor and Hay Neighbor is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Hay Neighbor is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Hay Neighbor of the site or any association with its operators. Certain services made available via Hay Neighbor are delivered by third party sites and organizations. By using any product, service or functionality originating from the Hay Neighbor domain, you hereby acknowledge and consent that Hay Neighbor may share such information and data with any third party with whom Hay Neighbor has a contractual relationship to provide the requested product, service or functionality on behalf of Hay Neighbor users and customers.
No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use Hay Neighbor strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Hay Neighbor that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hay Neighbor or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Hay Neighbor content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Hay Neighbor and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hay Neighbor or our licensors except as expressly authorized by these Terms.
Use of Communication Services The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Hay Neighbor has no obligation to monitor the Communication Services. Communications using the Site (any other tools provided on Site) are available for review by the Guest and the Host who are party to the communication and for viewing by Hay Neighbor representatives in order to comply with its obligations to monitor for compliance with Terms & Conditions. However, Hay Neighbor reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Hay Neighbor reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Messages sent via Hay Neighbor's messaging system should only relate to genuine booking inquiries.
We do not tolerate spam or unsolicited commercial electronic communications of any kind. It is prohibited to misuse Hay Neighbor's systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of users to a third party, unless you have the express permission from the user.
Hay Neighbor reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Hay Neighbor's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Hay Neighbor does not control or endorse the content, messages or information found in any Communication Service and, therefore, Hay Neighbor specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Hay Neighbor spokespersons, and their views do not necessarily reflect those of Hay Neighbor. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials Provided to Hay Neighbor or Posted on Any Hay Neighbor Web Page Hay Neighbor does not claim ownership of the materials you provide to Hay Neighbor (including feedback and suggestions) or post, upload, input or submit to any Hay Neighbor Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Hay Neighbor, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hay Neighbor is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Hay Neighbor's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Content Guidelines By posting content on Hay Neighbor, you are agreeing to abide by these conditions. We reserve the right to remove any content that violates these guidelines, our terms and conditions, or for any other reason at our sole discretion.
All content posted on Hay Neighbor must adhere to the Terms and Conditions of the Hay Neighbor website and must also follow the following guidelines: Listings must relate only to the subject property. Listings should not direct Users to third-party websites, list email addresses, phone numbers or addresses or contain any marketing materials. Content on listings should not include company logos, links or company names. Any photographic content submitted must relate to the listed property. In the event that there are repeat violations, Hay Neighbor may suspend or deactivate the account in violation.
Third Party Accounts You will be able to connect your Hay Neighbor account to third party accounts. By connecting your Hay Neighbor account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users The Service is controlled, operated and administered by Hay Neighbor from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Hay Neighbor Content accessed through Hay Neighbor in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification You agree to indemnify, defend and hold harmless Hay Neighbor, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hay Neighbor reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hay Neighbor in asserting any available defenses.
Class Action Waiver Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Hay Neighbor agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Disclaimer of Warranties. We provide the Hay Neighbor Site and all content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any guest, host, accommodation, listing or third party; (ii) we do not warrant the performance or non-interruption of the Site; and (iii) we do not warrant that verification, identity or background checks conducted on listings or Site users (if any) will identify past misconduct or prevent future misconduct. Any references to a Site user or listing being "verified" (or similar language) indicate only that the Member or Listing or Airbnb has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HAY NEIGHBOR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. HAY NEIGHBOR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HAY NEIGHBOR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HAY NEIGHBOR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HAY NEIGHBOR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction Hay Neighbor reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hay Neighbor as a result of this agreement or use of the Site. Hay Neighbor's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hay Neighbor's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hay Neighbor with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Hay Neighbor with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hay Neighbor with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Governing Law and Venue If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Colorado and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) must be brought in state or federal court in Denver, Colorado, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Denver, Colorado.
No Waiver Hay Neighbor’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
Force Majeure Hay Neighbor shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Changes to Terms Hay Neighbor reserves the right, in its sole discretion, to change the Terms under which Hay Neighbor is offered. The most current version of the Terms will supersede all previous versions. Hay Neighbor encourages you to periodically review the Terms to stay informed of our updates.
