Terms of Use

 

The following terms and conditions (“Terms of Use”) govern the use of the website (the “Site”), any Haymaker mobile device software applications (the “Mobile Software”), and any related services (together with the Site and Mobile Software, (the “Service”) made available by Haymaker, LLC. (“us, “we,” or “Haymaker”). By accessing, using or participating in the Service, you (“you” or the “User”) agree to be bound by these Terms of Use. We may modify, add, or delete portions of these Terms of Use, including the pricing terms, at any time. If you do not agree to these Terms of Use, you must cease using the Service. If we change these Terms of Use, we will post a notice that we have made changes to these Terms of Use on the Site for at least 7 days after the changes are posted and will indicate at the bottom of the Terms of Use the date these terms were last revised. Any revisions to these Terms of Use will become effective on the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Use, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.   

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH HOSTS (DEFINED BELOW) MAY CREATE LISTINGS FOR SPACES (DEFINED BELOW), AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK SPACES DIRECTLY WITH THE HOSTS. YOU UNDERSTAND AND AGREE THAT HAYMAKER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS HAYMAKER A REAL ESTATE BROKER, AGENT OR INSURER, EVEN IF GUESTS AND HOSTS USE THE HAYMAKER APPLICATION TO BOOK A SPACE, HAYMAKER HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SERVICE OR ANY SPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.
These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Service. By accessing or using the Service, you are agreeing to this release.

IF YOU ARE A RESIDENT OF THE UNITED STATES OR ACCESS OR USE THE SERVICE IN THE UNITED STATES, BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT (UNLESS YOU FOLLOW THE OPT-OUT PROCEDURE) AND CLASS ACTION WAIVER DESCRIBED IN THE SECTION TITLED “ARBITRATION” BELOW TO RESOLVE ANY DISPUTES WITH HAYMAKER.

Accounts; Registration Data; Account Security
In order to reserve or otherwise schedule time in a workspace (a “Space”) from another User through the Service, or to offer for booking or otherwise make available your Space to another User through the Service, you must register for a User account. In these Terms of Use, Users that reserve or otherwise schedule time in a Space on the Service are referred to as “Guests” and Users that offer for booking or otherwise make available their Space through the Service are referred to as “Hosts.” A User may be a Guest, and/or a Host, and must register for a User account in order to use the Service.

In connection with registering for, using or participating in the Service (whether as a Guest or Host), you agree to (i) provide accurate, current and complete information about you and your organization as requested by Haymaker (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Haymaker, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

Hosts
Use of the Service by Hosts is also governed by our Host Terms. By using the Service as a Host, you are consenting to the terms of the Host Terms as well.

Agreement Between Hosts and Guests
This Agreement (“Agreement”) is made as of the Agreement Time between the Host and the Guest for use of the Space located in the Building or Dwelling
The Host and Guest agree as follows:
License. Subject to the terms and conditions of this Agreement, the Host grants Guest a non-transferable license to occupy and use the Space in the Building or Dwelling (the “License”) during the Term and the Guest accepts such License.
House Rules. During the Term, the Guest agrees to accept the terms, conditions, and policies provided by the Host relating to the use of the Space, including building/dwelling security procedures, IT access and use procedures, maximum occupancy limitations, specific state law requirements and other terms or procedures provided by the Host (the “House Rules”). The House Rules may be revised and amended by the Host without the prior consent of, or notice to, the Guest.
Payment. The Guest agrees to pay the Fees and Taxes for use of the Space to the Host or to the Marketplace Service on behalf of the Host.
Definitions. Capitalized terms used and not otherwise defined in this Agreement or the Exhibit and Schedules shall have the meanings set forth in the Section entitled “Definitions” below.
Entire Agreement. This Agreement (including the Exhibits) constitutes the entire agreement between the Host and the Guest regarding the use of the Space and supersedes any prior agreements between the Host
and Guest relating to Guest’s use of the Space.

Definitions
“Reservation Time” shall mean the date and time the reservation is booked through the Service;
“Host” shall mean the Host and the Host’s email and address shall have the values set by the Host in the Host’s Profile as of the Agreement Time;
“Guest” shall mean the Guest and the Guest’s email and address shall have the values set by the Guest in the Guest’s Profile as of the Agreement Time;
“Space” shall be the Space the Guest reserves by booking a reservation through the Service;
“Maximum Occupancy” shall be the value set by the Host in the Profile for the Space as of the Agreement Time;
“Building or Dwelling” shall be the Building in which the Space is located as set by the Host in the Profile for the Space as of the Agreement Time;
“Term” shall be the term of the reservation specified by the Guest and authorized by the Host;
“Fees” shall be the Fees set by the Host for the Space including the “Hourly Charge” as set by the Host in the Profile for the Space as of the Agreement Time;
“Taxes” shall be the taxes set by the Host and collected by Haymaker on the Host’s behalf.
“Marketplace Service” shall mean the Haymaker Terms

Compliance
You agree to abide by and cause your employees, agents, guests, invitees, contractors and subcontractors (“Invitees”) to abide by this Agreement and any applicable House Rules provided by the Host.

Possession and Delivery
The Space is accepted by the Guest in its “as-is” “where-is” condition and configuration. If, for any reason, the Host is unable to provide use of the Space at the anticipated beginning of the Term, you shall have the right to cancel the Reservation with no penalty and be entitled to a full refund of amounts paid.

Workspace Use and Access
You agree to use the Space provided to you for general office purposes only and you may not use the Space to carry out any illegal activities or use the Space (a) in violation of law, the House Rules, or any other reasonable regulations or rules adopted by Host during the Term, or (b) for any immoral, unlawful, or objectionable purposes. Further, you shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Space or the Building. You shall not commit, or suffer to be committed, any waste upon the Space or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants in the Building or Dwelling.
You agree not to exceed the Maximum Occupancy of the Space.
You shall not make alterations, additions or improvements to the Space, including the installation of lighting or any phone or data lines.
You shall not generate, store, install, dispose of or otherwise handle any hazardous materials in the Space, or in or around the Building/Dwelling, in any manner contrary to any applicable law. You shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous materials released by you or your Invitees.
You agree that the Host has the right, to require that you relocate to another Space in the same Building/Dwelling of equal or larger size and similar configuration for the remainder of the Term, provided that the Fees for such new workspace are no greater than the Fees for your current Space.
The Host or its authorized representatives may enter the Space at any time. Unless there is an emergency, the Host will, as a matter of courtesy, try to inform you in advance when the Host needs access to the Space to carry out testing, repair or work other than routine inspection, cleaning and maintenance.

Good Care
You must take good care of and not damage, waste or make any changes to the Space or space leased or owned by the Host of which the Space is a part (the “Host Area”), or the Building/Dwelling. You shall not alter, add, replace, remove or damage any furnishings, equipment or other personal property located in, on or around the Space, the Shared Facilities, the Host Area or the Common Areas which is not owned by you or your Invitees (“Host Personal Property”). At the end of the Term, you must deliver the Space and all Host Personal Property to the Host in good condition, normal wear and tear excepted. If any damage (beyond normal wear and tear) to the Space or the Host Personal property should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify the Host immediately upon discovery of such damage occurring, but no later than 8 hours later. You are liable for any damage caused by you or your Invitees to the Space, the Shared Facilities, the Common Areas, the Host Personal Property or the Building/Dwelling.

Common Areas
If available at the Building, you may also have access to and non-exclusive use of any portions of the Building designated for common use of tenants and others (“Common Areas”), as, and to the extent, described in the House Rules. The Common Areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the Term without the consent of, or notice to, Guest. Unless otherwise set forth in the House Rules or Space description, the right to parking is not provided under this Agreement.

Shared Facilities
If available at the Building, you may also have access to and non-exclusive use of any shared office equipment and kitchenettes (the “Shared Facilities”) located near the Space on a first-come, first-served basis as, and to the extent, described in the House Rules and Space description. The Host may make changes to the Shared Facilities from time to time during the Term including, without limitation, removal of all or portions of the Shared Facilities without your consent or notice to you.

Keys and Security
Any keys or entry cards or entry codes for the Space or the Building, which the Host lets you use, remain the Host’s property at all times. You shall not make any copies of them or allow anyone else to use them without the Host’s consent. Any loss of keys or entry cards must be reported to the Host immediately, and you must pay the cost of replacement keys or cards and or changing locks, if required by the Host.
You shall not place any additional locks or bolts of any kind upon any of the doors or windows of the Space or Building nor make any changes to existing locks or the mechanisms thereof.

Name and Address
You may only conduct business in your name. You shall not put up any signs on the doors to the Space or Building or anywhere else, which are visible from outside the Space you are using, or the Building.

Mail and Packages
Mail and packages may not be delivered to you at the Space or Building unless permitted by the Host. The postal services may be subject to additional federal, state, and local requirements.

Conduct
You acknowledge that the Host is and will continue to be an equal opportunity employer and that the Host prohibits any form of discrimination in employment, against any of its employees (whether by its employees, its clients, including you, or others), including, on the basis of race, color, creed, religion, age, gender, marital status, sexual orientation, national origin, or disability, or other characteristics protected by law. In recognition of this policy, you and your officers, directors, employees, shareholders, partners, agents, representatives, contractors, customers, or invitees shall be prohibited from participating in any type of harassing or abusive behavior to employees of the Host or its affiliates, other clients or invitees, verbal or physical in the Building for any reason. You further agree, upon the request of the Host, to cooperate with the Host in its efforts to enforce and maintain its equal employment opportunity, non-discrimination and anti-harassment policies. The Host may immediately terminate this Agreement without cost or penalty if Guest or any of Guest’s Invitees engage in any behavior that the Host deems is contrary to such policies.

Damages and Insurance
You are responsible for any damage you cause to the Space or any Host Personal Property beyond normal wear and tear. You are responsible for arranging insurance for your personal property against all risks and for your liability to and for your employees and third parties and for maintaining any specific insurance set forth in the House Rules. You have the risk of damage, loss, theft or misappropriation with respect to any of your personal property and liability to and for your employees and third parties. You agree, as a material part of the consideration to be rendered to the Host under this Agreement, to waive any right of recovery against the Host, its directors, officers and employees for any damage, loss, theft or misappropriation of your property under your control and any liability to and for your employees and third parties, including for injuries to you or your Invitees in or about the Space, and you agree to hold the Host exempt and harmless and defend the Host from and against any damage and injury to any such person or to such property, arising from your use of the Space or from your failure to keep the premises in good condition and repair as provided in this Agreement. All property in your Space is understood to be under your control.

Payment
If there are Fees for the use of the Space during the Term, you shall pay the Fees and Taxes to Host, or the Marketplace Service on behalf of the Host. The Fees and Taxes are due immediately upon reserving the Space.

Cancellation
All Fees and taxes paid by Guests are non-refundable, except as expressly stated in the Haymaker Cancellation Terms.

Default
You shall be considered in default of this License if you fail to comply with any term of this Agreement. Upon any default, the Host shall have the right without notice to terminate this Agreement, in which case you shall immediately surrender the Space and the Host Personal Property to the Host. If you fail to surrender the Space and/or the Host Personal Property, the Host may, in compliance with applicable law and without prejudice to any other right or remedy, enter upon and take possession of the Space and the Host Personal Property and you shall be liable for all past due Fees and Taxes, all Fees and Taxes due for the remainder of the Term, all costs incurred by Host to retake possession of the Space and Host’s Personal Property, and other losses and damages which Host may suffer as a result of Guest’s default.

Indemnity
You agree to indemnify, defend and hold the Host, its landlord, if applicable, and any mortgagee harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your and your Invitees’ use of a Space, Common Areas or Shared Facilities, or any violation of applicable law, this Agreement or House Rules. Nothing contained in this Agreement shall be construed to create privity of estate or of contract between you and Host’s landlord, if applicable.

Disclaimer
EXCEPT AS PROVIDED HEREIN AND IN ANY HOUSE RULES, THE HOST IS PROVIDING ITS SPACE TO THE GUEST “AS IS,” AND HOST DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SPACE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOST CANNOT AND DOES NOT GUARANTEE AND DOES NOT PROMISE TO GUEST, ANY SPECIFIC RESULTS FROM USE OF THE SPACE. HOST DOES NOT REPRESENT OR WARRANT THAT THE SPACE WILL MEET YOUR REQUIREMENTS; THAT THE SPACE MEETS APPLICABLE LEGAL STANDARDS OR IS SAFE AND SUITABLE FOR YOUR INTENDED USE.

 

Liability
IN NO EVENT WILL HOST OR ITS DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM THE GUEST’S USE OF THE SPACE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE MARKETPLACE SERVICE, OR GUEST’S USE OF THE SPACE, EVEN IF THE HOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOST’S LIABILITY TO GUEST OR ANY PARTY CLAIMING THROUGH GUEST, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID FOR THE SPACE, IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
YOU UNDERSTAND AND AGREE THAT MARKETPLACE SERVICE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN GUEST AND HOST, NOR IS MARKETPLACE SERVICE A REAL ESTATE BROKER, AGENT OR INSURER IN CONNECTION WITH THIS AGREEMENT. THE PARTIES SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS MARKETPLACE SERVICE FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SPACE, OR ANY VIOLATION OF APPLICABLE LAW, THIS AGREEMENT OR HOUSE RULES.

Suspension of Services
The Host may by notice suspend the provision of services (including access to the Space) for reasons of political unrest, strikes, terrorism, Acts of God or other events beyond the Host’s or the Host’s landlord’s reasonable control. This Agreement shall automatically terminate if the Space is rendered unusable as a result of a fire, other casualty or a condemnation. As between Host and Guest, all proceeds of any condemnation award shall belong to Host and all insurance proceeds of Host shall be retained by and belong to Host. The Host may also suspend the provision of services (including access to the Space) in the event the Space or the Building is being renovated or repaired, in which event you will be relocated to another space within the building, or if necessary, to another Building/Dwelling, all at the Host’s reasonable cost.

Sublicensing
You may not sublicense, assign, transfer any interest in this Agreement or allow any third party to use any portion of the Space, the Shared Facilities or the Common Areas.

No Lease
YOU ACKNOWLEDGE THAT THIS AGREEMENT IS NOT A LEASE OR ANY OTHER INTEREST IN REAL PROPERTY. IT IS A CONTRACTUAL ARRANGEMENT THAT CREATES A REVOCABLE LICENSE. The parties do not intend to create a lease or any other interest in real property for the benefit of Guest through this Agreement. The Host retains legal possession and control of the Space assigned to Guest. The Host’s obligation to provide space and services to Guest is subject, in all respects, to the terms of the Host’s lease with the Host’s landlord, if applicable. This Agreement and the License granted hereunder shall terminate simultaneously with the termination of the Host’s master lease or the termination of the operation of the Host Area for any reason at no cost or penalty to Host. you do not have any rights under the Host’s lease with its landlord, if applicable. When this Agreement expires or is earlier terminated, your license to occupy the Space shall automatically be revoked. You agree to remove your personal property and leave the Space as of the date of such expiration or termination. The Host is not responsible for your personal property left in the Space after expiration or termination. If you fail to remove your personal property, at the Host’s option, such personal property shall (a) be deemed conveyed to the Host and shall become the property of the Host, or (b) be removed from the Space by the Host at the Guest’s expense.

No Broker
You represent that you have dealt with no broker in connection with this Agreement. You agree to indemnify, defend and hold the Host harmless from any claims of any brokers claiming to have represented you in connection with this Agreement.

Subordination
This Agreement and any applicable House Rules are subordinate to any underlying lease, mortgage, deed of trust, ground lease or other lien now or subsequently arising upon the Space or the Building and to renewals, modifications, refinancings and extensions thereof including the Host’s lease with the Host’s landlord and to any other agreements to which the Host’s lease is subordinate.

Jurisdiction
This Agreement shall be interpreted and enforced in accordance with the laws of the state or commonwealth in which the Building is located.

Reviews.
After each Host Service, Guests and Hosts will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy Reviews are not verified by Haymaker for accuracy and may be incorrect or misleading.
Content.
Parts of the Haymaker Platform enable you to provide feedback, reviews, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Haymaker a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Haymaker pays for the creation of Content or facilitates its creation, Haymaker may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Haymaker the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy contained in this document, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Haymaker may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Haymaker does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
Fees.
Haymaker charges fees (and applicable Taxes) to Hosts and Guests for use of the Haymaker Platform. Haymaker reserves the right to change the fees at any time, and will provide Members notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change.
Haymaker will issue payments to hosts within 3 business days of the end of a booking made through the Haymaker application. Fees for use of the Haymaker application and any related services provided by Haymaker will be deducted from the total amount paid by the guest through the application.

Payment
You agree to the fees and charges and other pricing terms applicable to your use of the Service as specified in these Terms of Use and as otherwise communicated to you through the Service, including any applicable Fees (defined below). All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Use and the Haymaker Cancellation Policy. Haymaker may change the fees and charges for the Service at any time in its sole discretion.

If you are a Guest and you have been duly authorized to book the Space by the Host, when you complete a reservation for a Space on the Service, you agree to pay the applicable fee for using the Space as set forth in the offering for such Space (the “Fee”). Haymaker will ask for your credit card information and billing address or other payment information, and Haymaker will process your Fee payment on behalf of the Host. Haymaker is acting as the Host’s limited payment collection agent, and the Fee paid through this option shall be considered the same as a payment made directly to the Host.

The amount and timing of the Fee payments processed by Haymaker on behalf of the Host is based on the hourly rate associated to the reserved space and the duration. For Reservations booked under the Haymaker application, Haymaker will process payment for such reservations immediately upon booking the space. Reservations will be charged the Fee for the total number of hours booked including any taxes as set forth in the offering for the Space (the “Reservation Payment”). Any changes you make to your reservation after it is made may result in an adjustment to the Hourly Reservation Payment for the reservation subject to the Cancellation Terms. In the event you use the Space for longer than the amount of time you booked for your reservation, the applicable Host may adjust the Hourly Reservation Payment for your reservation based on your actual use of the Space. If you believe a change to your Hourly Reservation Payment made by a Host was in error, you may request a refund by providing notice to Haymaker by contacting us at support@haymakerspace.com. Haymaker may but is not obligated to provide you a refund at Haymaker’s sole discretion.

If you are a Host, you acknowledge that Haymaker accepts payments from Guests as a limited collection agent for the Host and that Haymaker’s obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Guests. Haymaker does not guarantee payments to Hosts for amounts that have not been successfully received by Haymaker from Guests.
Any reservations that are cancelled by the Guest or by the Space at the Guest’s request are subject to the Cancellation Terms.

Cancellation Terms
Cancellations of any booking shall be governed by the terms and conditions of the Cancellation Terms (the “Cancellation Policy”).

Privacy
Use of the Service is also governed by our Privacy Policy, a copy of which is located at https://HaymakerSpace.com/terms/Privacy-Policy (the “Privacy Policy”). By using the Service, you are consenting to the terms of the Privacy Policy.

Proprietary Rights in Site Content; Limited License
All content on the Site and otherwise available through the Service, including User Content, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of Haymaker, its Users or its licensors. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms of Use. Users may access and use the Service and the Site Content and download or print a reasonable number of copies of portions of the Site Content to which the User has properly gained access (a) solely for the User’s personal, non-commercial use, or (b) solely for the purpose of referring third parties to the Service or for compiling a collection of Space listings via the Service (a “Collection”), provided in each case that the User maintains all copyright or other proprietary notices on all copies of such Site Content.
Except for your own User Content or for use in a Collection, you may not publish or otherwise distribute Site Content, including via the Internet or any intranet or extranet site, or incorporate the Site Content in any other database or compilation (other than in a Collection). You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Site Content. Any use of the Site or the Site Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Service and the Site Content granted herein. All rights of Haymaker or its licensors that are not expressly granted in these Terms of Use are reserved to Haymaker and its licensors.

User Content Posted on the Service
You may be able to display certain information on designated portions of the Site or otherwise through the Service regarding you or your company or organization including, if you are a Host, your Space (a “Listing”). Your Listing will display to other Users certain of your Registration Data and other content about you or your company or your organization including, if you are a Host, your Space, that you upload or otherwise provide to Haymaker for use in your Listing (collectively the “Listing Content”). You agree to provide accurate and current information in your Listing and to promptly update the Listing Content to keep it accurate and current.
You are solely responsible for the Listing Content, messages, notes, text, information, offerings, images, links and any other content that you upload, publish, display or otherwise provide to Haymaker for display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users or to third parties via the Service (collectively, “User Content”). You may not post, transmit, or distribute User Content that you did not create or that you do not have permission to post. You understand and agree that Haymaker may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that Haymaker believes violates these Terms of Use. Haymaker has no backup or storage obligations regarding User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Haymaker.
Haymaker does not verify the accuracy, completeness, reliability or authenticity of any User Content, including any Space descriptions or Space availability information provided by Hosts or Professionals, and makes no representations or warranties with respect to any User Content.
When you post User Content to the Site, you grant to Haymaker an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute such User Content. Subject to the rights granted to us in these Terms of Use, you retain ownership of your User Content.

Trademarks
“Haymaker” is a registered trademark of Haymaker, LLC. “Haymaker” together with the other graphics, logos, designs, page headers, button icons, scripts and service names on the Site are the trademarks or trade dress of Haymaker in the U.S. and other countries (“Haymaker Marks”). You may not use the Haymaker Marks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Haymaker endorses any product or service. You may not reproduce or use the Haymaker Marks without the prior written permission of Haymaker.

User Conduct
You agree not to do any of the following in connection with your use of the Service and to otherwise use the Service in compliance with these Terms of Use.

• use automated scripts to collect information from or otherwise interact with the Service;
• use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Service;
• impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from Haymaker;
• upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
• upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, veteran status, disability, sexual orientation, gender identity or expression, age or any other characteristic protected by applicable law;
• upload, post, transmit, distribute or otherwise make available any material which does or may infringe any copyright, trade mark or other intellectual property rights of any other person;
• upload, post, transmit, distribute or otherwise make available any material which is defamatory of any person, obscene, offensive, hateful or inflammatory;
• upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
• use or attempt to use another’s account, service or system without authorization from Haymaker, or create a false identity on the Service;
• use the Service in a manner that may create a conflict of interest or undermine the purposes of the Service, such as trading reviews with other Users or writing or soliciting shill reviews;
• use the Service in a manner that violates any law (including the CAN-SPAM Act of 2003) or otherwise conduct illegal activities in connection with your use of the service
• upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or
• upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Haymaker, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Haymaker or its users to any harm or liability of any type.

No High Risk Use
You may not use the Service in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage (“High Risk Use”). High Risk Use is STRICTLY PROHIBITED, and Haymaker expressly disclaims any liability that may result from your High Risk Use of the Service or any Space, to the extent permitted under applicable law. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug and Cosmetic Act.

Additional Representations and Warranties
In addition to any other representations and warranties in these Terms of Use, you represent and warrant that:
• the User Content and all other content submitted to the Service through your account or otherwise posted, transmitted, or distributed by you on or through the Service: (i) does not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights), (ii) does not contain libelous, defamatory or otherwise unlawful material, and (iii) is truthful and accurate; and
• you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.

Third Party Websites and Content
The Site may contain (or you may be sent through the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Haymaker. If you decide to leave the Site and access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Eligibility
This Service is intended solely for users who are 18 years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 years of age or older.

Mobile Software License
Subject to the terms of these Terms of Use, Haymaker grants you a non-transferable, non-exclusive license to download, install and use one copy of the Mobile Software in object code form only on a mobile device that you own or control.
You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.
Haymaker and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.
The following terms and conditions apply to you only if you are using Mobile Software from the Apple App Store. To the extent the other terms and conditions of these Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Mobile Software from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and Haymaker, not Apple, and that Apple has no responsibility for the Mobile Software or content thereof. Your use of the Mobile Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Software. In the event of any failure of the Mobile Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price,
if any, for the Mobile Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Haymaker acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Mobile Software or your possession and/or use of the Mobile Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Haymaker acknowledge that, in the event of any third party claim that the Mobile Software or your possession and use of that Mobile Software infringes that third party’s intellectual property rights, Haymaker, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the Mobile Software. You and Haymaker acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the Mobile Software, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Copyright Policy
Haymaker respects the intellectual property rights of others and expects Users of the Service to do the same. Haymaker complies with the federal Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office Website at http://www.copyright.gov/legislation/dmca.pdf. We will respond to notices of alleged copyright infringement that comply with the DMCA and other applicable law and are properly provided to us.
If you believe that any User Content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• identification of the copyrighted work claimed to have been infringed;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• your contact information, including your address, telephone number, and an email address;
• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you believe that your User Content that was removed after we received a notice of copyright infringement is not actually infringing, or that you have the necessary rights to post your User Content, please send us a counter-notice containing the following information:
• your physical or electronic signature (with your full legal name);
• identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
• a statement that you have a good faith belief, under penalty of perjury, that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
• your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If we receive a counter-notice, we may send a copy of the counter-notice to the person alleging copyright infringement and inform that person that we may replace the removed User Content in ten business days. Unless the original person alleging copyright infringement files an action seeking a court order against the User Content provider, member or User, the removed User Content may be replaced, in 10 to 14 business days or more after receipt of the counter-notice, at Haymaker’s sole discretion.
Filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
We reserve the right to remove User Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Haymaker may also terminate a User’s account if the User is determined to be a repeat infringer. Haymaker’s designated copyright agent for notice of alleged copyright infringement appearing on the Services is:

Haymaker
℅ Texan Registered Agent
5900 Balcones Dr #100,
Austin, TX 78731

Disclaimers
Haymaker is not responsible or liable in any manner for any User Content or Third Party Content posted on the Site or displayed in connection with the Service, including but not limited to the accuracy of any Space descriptions, Space availability information or Guest information. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or distribute on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Haymaker is not responsible for the conduct, whether online or offline, of any User, including any Guest’s non-compliance with any terms, conditions and policies relating to the use of any Space. The Service may be temporarily unavailable from time to time for maintenance or other reasons. Haymaker shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Haymaker be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content, or any use of Spaces, products or services provided by Users.
Haymaker PROVIDES THE SERVICE, INCLUDING ALL CONTENT THEREIN, TO HOSTS, GUESTS AND PROFESSIONALS “AS IS,” AND, EXCEPT AS PROVIDED HEREIN, AND Haymaker AND ITS SUPPLIERS DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SPACES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Haymaker CANNOT GUARANTEE AND DOES NOT PROMISE TO HOSTS, GUESTS AND PROFESSIONALS, AND HOSTS AND PROFESSIONALS CANNOT GUARANTEE AND DO NOT PROMISE TO GUESTS, ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR A SPACE. WITHOUT LIMITING THE FOREGOING, Haymaker DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; Haymaker DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ANY SPACE RESERVATION OR BOOKING WILL MEET YOUR REQUIREMENTS; THAT ANY SPACE MEETS APPLICABLE LEGAL STANDARDS AND IS SAFE AND SUITABLE FOR YOUR INTENDED USE; AND Haymaker DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Liability
IN NO EVENT WILL Haymaker OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE, ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, OR A GUEST’S USE OF A SPACE, EVEN IF Haymaker IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Haymaker BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS OR DISPUTES BETWEEN A GUEST AND A HOST OR BETWEEN A PROFESSIONAL ON THE ONE HAND AND A GUEST OR HOST ON THE OTHER HAND. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Haymaker’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Haymaker FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Termination
Haymaker may terminate or suspend your account or ability to use the Service, in whole or in part, without notice in the event that (i) you violate these Terms of Use, the Reservation Agreement (including any applicable House Rules) or violate any other rules that govern the use of the Service, (ii) your conduct may harm Haymaker or others or cause Haymaker or others to incur liability, (iii) you receive negative feedback from other Users, or (iv) as otherwise determined by Haymaker in its sole discretion. If we terminate or suspend your account or ability to use the Service, (a) any pending or accepted future reservations as either Guest or Host will be immediately terminated; (b) we may communicate to your Guests or Hosts that such reservations have been cancelled; (c) for Hosts, we may refund your Guests in full for any and all confirmed reservations; (d) you will not be entitled to any compensation for reservations that were cancelled as a result of a suspension or termination of your account; and (e) for Professionals, you will not be entitled to any Referral Fees (as defined in the Professional Terms) for reservations that end after the suspension or termination of your account.
Haymaker may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Haymaker.
You may terminate your Haymaker account at any time by providing Haymaker with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Haymaker at any time after your termination of your account. Notwithstanding anything herein to the contrary, upon termination of your account, Haymaker will remove your Profile and cease displaying your Profile Content, including your Space listings if you are a Host and your Collections, on or through the Service.

Governing Law; Arbitration
THIS SECTION INCLUDES AN ARBITRATION AGREEMENT AND AN AGREEMENT THAT ALL CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY (AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE PROCEEDING). PLEASE READ IT CAREFULLY. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT OUT PROCEDURE DESCRIBED BELOW.

Informal Process First
You agree that if you have any dispute with Haymaker relating in any way to these Terms of Use or from access to or use of the Service, you will first contact us and attempt to resolve the dispute with us informally.

Arbitration (“Arbitration Agreement”)
If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Use by binding arbitration. If you are an individual you may opt out of this Arbitration Agreement within 30 days of the first of the date you access or use the Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Haymaker are each waiving the right to a trial by jury or to participate in a class action. This Arbitration Agreement will survive any termination of these Terms of Use.
If you intend to seek arbitration, after following the informal dispute resolution procedure, you must first send written notice to Haymaker of your intent to arbitrate (“Notice”). The Notice to Haymaker should be sent by sending the Notice by registered or certified mail to 2225 E. Bayshore Rd. Suite 200,Palo Alto, CA 94303. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be administered by the International Institute for Conflict Prevention and Resolution (“CPR”) under the CPR Rules for Administered Arbitration by a single arbitrator. The arbitration will be conducted in the County of Santa Clara, California, U.S.A.
Each party will be responsible for paying any CPR, administrative and arbitrator fees (other than the initial filing fees) in accordance with CPR Rules, except that Haymaker will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Nothing in this Arbitration Agreement shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
If you do not want to arbitrate disputes with Haymaker and you are an individual, you may opt out of this Arbitration Agreement by sending an email to: info@haymakerspace.com within 30 days of the first of the date you access or use the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS GUEST IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND Haymaker ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of the State of California and the FAA without regard to or application of its conflict of law provisions or your state or country of residence, and will be brought solely in the federal or state courts located in the County of Santa Clara, California, United States. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Indemnity
You agree to indemnify and hold Haymaker harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with any User Content you post or distribute on or through the Service, your use of or participation in the Service, your interactions with other Users of the Service, and any violation of these Terms of Use, the Reservation Agreement, the Host Terms, the Professional Terms or of any law or the rights of any third party.

Miscellaneous
These Terms of Use, the Host Terms, the Professional Terms and the Privacy Policy constitute the entire agreement between you and Haymaker regarding the use of the Service and supersede any prior agreements between you and Haymaker relating to your use of the Service. The failure of Haymaker to exercise or enforce any right or provision of these Terms of Use, the Host Terms or the Professional Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use, the Host Terms or the Professional Terms is determined to be unlawful, void or for any reason unenforceable, such determination shall not affect the validity and enforceability of any of the remaining provisions. You may not assign, transfer or delegate in any manner these Terms of Use, the Host Terms or the Professional Terms or the rights and obligations hereunder or thereunder to any third party.

 

Haymaker’s Off-Platform Policy
By hosting on Haymaker, you agree to abide by our terms and policies, including our Terms of Service, which we reserve the right to enforce at our sole discretion. In the event of repeated or severe violations, we may suspend or permanently deactivate a person’s or business’s account.
In order to protect our community and business, the following behaviors are prohibited:
Taking people off of the Haymaker platform for new, partial, or future bookings
Contacting potential guests prior to booking on Haymaker to move the booking off of Haymaker (ex: offering discounts to book off of Haymaker)
Asking guests to fill out forms, or call, email, or otherwise contact you via a non-Haymaker communications service prior to accepting booking requests
Canceling existing full or partial reservations and having guests rebook off of Haymaker
Asking or encouraging guests to book outside of Haymaker for repeat or future bookings

Asking guests for, or using, contact or identity information in ways unrelated to their stay, or that compromise the quality of their stay
Asking guests for contact information prior to booking; all guest communications prior to booking must be on Haymaker Platform
Soliciting guests for their email, mailing address, or other communications channels using the Haymaker messaging system or email alias after a booking
Asking guests for contact information after a booking in order to run credit checks or background checks
Asking guests to send photos of their government ID prior to arrival except where required for legal or compliance reasons as outlined below
Asking for or using guests’ contact information to settle additional payments outside of Haymaker’s platform; all payments related to a guest’s stay, including extensions of a stay (and besides exceptions identified below), must go through Haymaker (ex: using the Resolution Center)
Using contact information provided by Haymaker for other purposes that violate our Terms of Service
Selling, sharing, or using guest contact information for marketing communications or signing guests up for contact lists
Exceptions
You may require additional contact/identity information if it is required for legal or compliance reasons and can be verified by a Host upon request by Haymaker (such as local laws, HOA rules, building security rules). In such instances, Hosts must include information about what is required and why in their listing description, so guests understand this additional step is a requirement prior to booking. Hosts are responsible for ensuring compliance with applicable data privacy laws.
After accepting a booking, you may ask a guest to confirm that the contact information provided by Haymaker is an appropriate way to get in touch during their trip or if the guest requests an alternative or communication after booking
You may use an alternative means of communicating with a guest if requested by a guest after booking (ex: chat app), however, you must ensure such communications comply with the other requirements of this policy
Taking people off of the Haymaker platform for feedback and reviews
You may not ask guests to review an Haymaker stay on a non-Haymaker website or fill out a survey regarding an Haymaker stay on a non-Haymaker website (such as a form off of Haymaker) unless you are an approved hotel partner. These actions take valuable input about a guest’s stay away from the Haymaker community. We want guests to share their feedback directly on Haymaker so that other guests may benefit from their insights.
Requiring guests to use other websites or apps to physically access their listing
Asking guests to create a separate account or register on another website besides Haymakerspace.com for purposes of gaining entry to a listing is not permitted
Asking guests to install a third-party app to access a listing; all listings on Haymaker should be accessible to a guest without requiring they have another app or account

Fees Outside of the Haymaker Platform from Guests
Hosts may offer goods or services for a fee outside of the haymaker platform provided they are not in competition with the services offered by Haymaker. Items that may I’m be charged to your guests outside of the Haymaker platform include food, beverages, services offered by managed properties such as dry cleaning, spa, concierge services, parking, valet, and business office services.
Exceptions
Additional registration or installation of additional apps is permitted where it’s required for legal or compliance reasons which a Host can verify in writing upon request by Haymaker (such as local laws, HOA rules, building security rules). In such instances, Hosts must include information about what is required, and why, in their guest-facing listing description, so guests understand this additional step is a requirement prior to booking.
Keyless entry apps and apps that facilitate a guest’s experience during the stay (ex: Sonos, Nest, concierge apps) as long as they are optional

Extenuating Circumstances Policy
Effective date: March 1, 2022
Overview
This Extenuating Circumstances Policy explains how cancellations are handled when unforeseen events beyond your control arise after booking and make it impracticable or illegal to complete your reservation. This Policy applies to reservations for both accommodations and Experiences.
When this Policy allows for cancellation, it controls and takes precedence over the reservation’s cancellation policy. Guests that are impacted by an event covered by this Policy can cancel their reservation and receive, depending on the circumstances, a cash refund, travel credit, and/or other consideration. Hosts that are impacted by an event covered by this Policy can cancel without adverse consequences, but, depending on the circumstances, their calendars may be blocked for the dates of the cancelled reservation.
What events are covered
This Policy uses the term “Event” to refer to the following situations that occur after booking, are unforeseen at the time of booking, and prevent or legally prohibit completion of the reservation.
Changes to government travel requirements. Unexpected changes to visa or passport requirements imposed by a governmental agency that prevent travel to the destination. This doesn’t include lost or expired travel documents or other personal circumstances relating to a guest’s authorization to travel.
Declared emergencies and epidemics. Government declared local or national emergencies, epidemics, pandemics, and public health emergencies. This does not include diseases that are endemic or commonly associated with an area—for example, malaria in Thailand or dengue fever in Hawaii.
Government travel restrictions. Travel restrictions imposed by a governmental agency that prevent or prohibit traveling to, staying at, or returning from the Listing location. This does not include non-binding travel advisories and similar government guidance.
Military actions and other hostilities. Acts of war, hostilities, invasions, civil war, terrorism, explosions, bombings, rebellions, riots, insurrection, civil disorder, and civil unrest.
Natural disasters. Natural disasters, acts of God, large-scale outages of essential utilities, volcanic eruptions, tsunamis, and other severe and abnormal weather events. This does not include weather or natural conditions that are common enough to be foreseeable in that location—for example, hurricanes occurring during hurricane season in Florida.
What is not covered
Everything else. This Policy only allows for cancellations for the Events described above. Everything else is excluded. Examples of situations that this Policy does not allow cancellations for include: unexpected disease, illness, or injury; government obligations like jury duty, court appearances or military duties; travel advisories or other government guidance (that fall short of a travel ban or prohibition); cancellation or rescheduling of an event for which the reservation was made; and transportation disruptions unrelated to a covered Event like road closures, as well as flight, train, bus and ferry cancellations. If you cancel a reservation in these cases, the amount refunded will be determined by the cancellation policy that applies to the reservation.

Nondiscrimination Policy
Last updated: March 1, 2022
Specific Guidance for Hosts in the United States, European Union, and Canada
Hosts are required to comply with all applicable legal requirements. Hosts should contact Haymaker customer service if they have any questions about their obligations to comply with this Nondiscrimination Policy. Guided by these principles, host community will follow these rules when considering potential guests and hosting guests:
Race, Color, Ethnicity, National Origin, Religion, Sexual Orientation, Gender Identity, or Marital Status
Haymaker hosts may not:
Decline a booking based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
Gender Identity
Haymaker does not assign a gender identity to our users. We consider the gender of individuals to be what they identify and/or designate on their user profiles, and we expect our Haymaker community to do the same. This includes respecting the pronouns (he/him, she/her, they/them, etc.) any users within the community identify themselves with.
Haymaker hosts may not:
Decline a booking from a guest based on gender identity unless the host shares living spaces (for example, bathroom, kitchen, or common areas) with the guest.
Impose any different terms or conditions based on gender unless the host shares living spaces with the guest.
Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of gender, unless the host shares living spaces with the guest.
Haymaker hosts may:
Make a unit available to guests of the host’s gender and not the other, where the host shares living spaces with the guest.

 

Age and Familial Status
Haymaker hosts may not:
Impose any different terms or conditions or decline a reservation based on the guest’s age or familial status, where prohibited by law.
Haymaker hosts may:
Provide factually accurate information about their listing’s features (or lack of them) that could make the listing unsafe or unsuitable for guests of a certain age or guests with children or infants.
Note in their listings applicable community restrictions (e.g., senior housing), regulations, or laws that prohibit guests under a particular age or guests with children or infants.
Disability
Haymaker hosts may not:
Decline a guest based on any actual or perceived disability.
Impose any different terms or conditions based on the fact that the guest has a disability.
Substitute their own judgment about whether a unit meets the needs of a guest with a disability for that of the prospective guest.
Inquire about the existence or severity of a guest’s disability, or the means used to accommodate any disability. If, however, a potential guest raises his or her disability, a host may, and should, discuss with the potential guest whether the listing meets the potential guest’s needs.
Prohibit or limit the use of mobility devices.
Charge more in fees for guests with disabilities, including pet fees when the guest has an assistance animal (such as a service or emotional support animal) because of the disability.
Post any listing or make any statement that discourages or indicates a preference for or against any guest on account of the fact that the guest has a disability.
Refuse to communicate with guests through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
Refuse to provide reasonable accommodations, including flexibility when guests with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a guest requests such an accommodation, the host and the guest should engage in a dialogue to explore mutually agreeable ways to ensure the unit meets the guest’s needs.
Haymaker hosts may:
Provide factually accurate information about the unit’s accessibility features (or lack of them), allowing for guests with disabilities to assess for themselves whether the unit is appropriate to their individual needs.
Personal Preferences
Haymaker hosts may:
Except as noted above, Haymaker hosts may decline a booking based on factors that are not prohibited by law. For example, except where prohibited by law, Haymaker hosts may decline a booking with pets, or to guests who smoke.
Require guests to respect restrictions on foods consumed in the listing (e.g., a host who maintains a Kosher or vegetarian kitchen may require guests to respect those restrictions). These restrictions should be stated clearly in your house rules. For example, an Haymaker host may turn down a guest who wants to smoke in a unit, or place limits on the number of guests in a unit.
When guests are turned down. Hosts should keep in mind that no one likes to be turned down. While a host may have, and articulate, lawful and legitimate reasons for turning down a potential guest, it may cause that member of our community to feel unwelcome or excluded. Hosts should make every effort to be welcoming to guests of all backgrounds. Hosts who demonstrate a pattern of rejecting guests from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential guests feel unwelcome, and Haymaker may suspend hosts who have demonstrated such a pattern from the Haymaker platform.
What happens when a host does not comply with our policies in this area?
If a particular listing contains language contrary to this nondiscrimination policy, the host will be asked to remove the language and affirm his or her understanding and intent to comply with this policy and its underlying principles. Haymaker may also, in its discretion, take steps up to and including suspending the host from the Haymaker platform.
If the host improperly rejects guests on the basis of protected class, or uses language demonstrating that his or her actions were motivated by factors prohibited by this policy, Haymaker will take steps to enforce this policy, up to and including suspending the host from the platform.
As the Haymaker community grows, we will continue to ensure that Haymaker’s policies and practices align with our most important goal: To ensure that guests and hosts feel welcome and respected in all of their interactions using the Haymaker platform. The public, our community, and we ourselves, expect no less than this.

Haymaker Service Fees
To help Haymaker run smoothly and to cover the cost of services, we charge a service fee at the conclusion of a booking. Haymaker will automatically deduct a percentage of the booking fee paid by the guest prior to payment distribution to the host.
Host fee
There is no fee to list your location and spaces with Haymaker provided those spaces are made available for rent through the Haymaker application to Haymaker guests. Upon completion of a booking, Haymaker will deduct a percentage of the total booking amount. The percentage of the deduction varies based on property type and services provided by Haymaker including additional for-fee services such as catering or other related services.
Guest fee
Guests will pay a fee upon booking a property or space. The fee paid by the guest is due upon successful booking of a rental. Fees for rental are determined by the host or entity responsible for the property being booked in the Haymaker platform.

Additional Considerations
The Nondiscrimination Policy applies to all parts of the Haymaker business. We recognize there are additional considerations that need to be made for varied offerings in the Haymaker Community. Here, we have included a few considerations that speak to those instances:
Gender Exemption:
Haymaker hosts may offer a single gender experience if it is necessary to create a safe space (one that does not incite harm or danger and one that is not illegal), protect the safety and privacy of participants, and/or comply with legal or cultural requirements.
Accessibility / Disability / Reasonable Accommodations:
Due to the broad range of Experience offerings, Haymaker Experience hosts may need to inquire about guests’ abilities to participate in certain physical activities or inquire about guests’ accommodation needs to best prepare their Experiences. Additionally, we encourage Experience hosts to:
Provide factually accurate information about the physical nature of an Experience to allow guests to assess for themselves whether the Experience is appropriate given their individual needs.
Actively engage with guests who have disclosed disabilities and/or have questions regarding the accessibility of an experience, and to consider reasonable accommodation requests.
Seek opportunities to provide reasonable accommodations where accommodating a request would not substantively change the nature of the activity.