Tom's Hay Farm Terms of Use

Last updated: July 20, 2025

Tom's Hay Farm and its affiliates (hereinafter “Tom's Hay Farm”) welcome you to www.tomshayfarm.com. By clicking or tapping “Sign In”, “Create Account”, “Place Order” or entering or otherwise using our website (the "Site"), you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you participate in our The Wranglers loyalty program, you also will be subject to the The Wranglers Terms and Conditions available on the Site) and are incorporated in these Terms. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE BELOW. YOU AND TOM'S HAY FARM AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND TOM'S HAY FARM WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, JURY TRIAL OR CLASS-WIDE ARBITRATION.

Privacy Policy

Please review our Privacy Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.

Electronic Communications

When you use our Site, or send e-mails, text messages, chat, or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Accounts

In order to use certain features of the Site and make purchases or use other services on the Site, you may register for an account with Tom's Hay Farm ("Account") or you may proceed with your purchase using our guest checkout. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in the Account, guest checkout or otherwise. If there is a problem charging your selected payment method in your Account, we may charge any other valid payment method associated with your Account.

You agree not to purchase any goods or services or register an Account using a false identity or information or on behalf of someone other than yourself.

You are responsible for maintaining the confidentiality of your Account login information. You are fully responsible for all activities that are associated with your Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Tom's Hay Farm of any unauthorized use or suspected unauthorized use of your Account or any other actual or potential breach of security.

Promotions

From time to time we may offer promotions, including discounts, special pricing, free or reduced price shipping, or other incentives. If a promotional code is required to take advantage of a promotion, such codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code. Tom's Hay Farm further reserves the right, in its sole discretion, to determine your eligibility for a promotion and prevent you from taking advantage of such promotion.

For new Account promotions, unless we expressly communicate otherwise, such promotions are available only to new users that have never had an Account before. It is a violation of these Terms of Use to sign up for an Account and seek such promotion if you created an Account in the past. Where Tom's Hay Farm in its sole discretion determines that you are not eligible for a new Account promotion, we may charge you the full price.

Products purchased from Tom's Hay Farm on the Site are intended for use in the United States of America. We reserve the right, in our sole discretion, to cancel your order if we think you are selling any Products purchased from our Site outside the United States or acting as a reseller.

Product Descriptions

Tom's Hay Farm attempts to be as accurate as possible. However, Tom's Hay Farm does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by Tom's Hay Farm is not as described, your sole remedy is to return the Product. Contact us for return information.

Pricing

Tom's Hay Farm cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, sell you the Products at the lower price, contact you for instructions before shipping, or cancel your order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. Tom's Hay Farm will collect and remit sales tax as required by law.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. No sale is complete until shipment. Tom's Hay Farm reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and Tom's Hay Farm reserves the right to revoke any stated offer or promotion and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Tom's Hay Farm reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Tom's Hay Farm's sole discretion.

Risk of Loss and Shipping and Delivery

All items purchased from Tom's Hay Farm are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier. The carrier will attempt to deliver the Products to your door but in the case your front door is not easily accessible, the carrier will attempt to deliver your Products at an alternative location at your premises at carrier’s sole discretion.

Permissible Uses of the Site

Subject to these Terms of Use, Tom's Hay Farm grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. Tom's Hay Farm may terminate this license at any time for any reason.

The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party; (b) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service; and (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.

User Content

If you post reviews, comments, questions, or other content on the Site ("User Content"), you grant Tom's Hay Farm a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content and that it does not violate these Terms or any third-party rights.

Tom's Hay Farm has the right but not the obligation to monitor and edit or remove any activity or content. Tom's Hay Farm takes no responsibility and assumes no liability for any User Content posted by you or any third party.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tom's Hay Farm, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as permitted by these Terms.

Disclaimers and Limitation of Liability

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TOM'S HAY FARM ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TOM'S HAY FARM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL TOM'S HAY FARM'S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO TOM'S HAY FARM IN THE PAST 12 MONTHS.

Arbitration Agreement and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to any products or services sold or distributed by Tom's Hay Farm or through the Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules.

You and Tom's Hay Farm each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Tom's Hay Farm each waive any right to a jury trial.

Governing Law

These Terms and any dispute or claim arising out of or related to them will be governed by the laws of the State of California without regard to its conflict of law provisions.

Miscellaneous

These Terms constitute the entire agreement between you and Tom's Hay Farm regarding the use of the Site. If any provision of these Terms is held invalid, the remainder will continue in full force and effect.

Questions? Contact us at tomshayfarm@tomshayfarm.com.