GENERAL:

Purfect Products, LLC d/b/a bayequest.com (hereinafter referred to as “BAEN” or the “Website”) is a company formed under the laws of the State of Colorado. By using the services offered on the Website or by continuing to view materials on the Website, you agree to be bound by these Terms of Use. If you do not agree with these Terms of Use or our Privacy Policy, do not access or use the Website.

Disclaimer: BAEN does not compensate buyers or sellers for any losses they may suffer as a result of using the Website.

INDEMNITY:

You agree to indemnify and hold BAEN, its officers, members, directors, agents, subsidiaries, joint ventures, and employees harmless from any damages, claims, or demands, including reasonable attorney’s fees, arising out of:

1. Your breach of these Terms of Use.
2. Your use of the Website, including transactions for items, animals, or services.
3. Your violation of any laws or third-party rights.

RELEASE:

If you have a dispute with any other user of the Website, you release BAEN and its officers, members, directors, agents, subsidiaries, joint ventures, and employees from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or connected to such disputes.

BUYING AND SELLING:

1. Nature of Service: BAEN serves as an online venue for interactive, self-published listings of horses, items, and services. BAEN is not involved in transactions between buyers and sellers and acts solely as a listing service.
2. Liability Disclaimer: BAEN does not:
   • Act as an agent, broker, or dealer.
   • Guarantee the sale of any items, animals, or services.
   • Assume liability for the accuracy, integrity, or quality of content posted on the Website.
3. Seller Obligations:
   • You must have possession of any item or animal listed and be able to transfer ownership.
   • Sellers are responsible for ensuring the accuracy of listings, complying with applicable tax laws, and marking items as sold.
4. Buyer Caution: Buyers are strongly encouraged to:
   • Perform due diligence, including pre-purchase veterinary exams for horses.
   • Avoid purchasing items or animals sight unseen.
   • Obtain written agreements signed by all parties for transactions.

NO GUARANTEE:

BAEN does not guarantee the performance, fitness, or accuracy of representations made by any users or listings on the Website. Users transact at their own risk.

COPYRIGHTED IMAGES, PROOFS, AND OTHER CONTENT:

1. User Responsibility:
   • You represent and warrant that you own or have the necessary rights to upload content.
   • Uploaded content must not violate any intellectual property or other laws.
2. Prohibited Content:
   • Images labeled “PROOF” or with visible watermarks or photographer’s signatures, unless permission has been obtained.
3. DMCA Compliance: If you believe your copyrighted work has been infringed, submit a DMCA notification including:
   • A description of the work.
   • The specific URL or location of the material.
   • Your contact information and a statement of good-faith belief regarding the infringement.
   • A statement under penalty of perjury affirming the accuracy of your claim.
   • Your physical or electronic signature.
   • Notifications can be sent through the Contact Us page on the Website.
4. License to Use and Resell Uploaded Content: By uploading content to the Website, you grant BAEN a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to:
   • Use, reproduce, modify, distribute, display, and perform the content.
   • Sell or license the content for commercial purposes.

GOVERNING LAW:

These Terms of Use are governed by the laws of the State of Colorado. By using the Website, you agree to the exclusive jurisdiction of the state and federal courts in Arapahoe County, Colorado.

RIGHT TO REFUSE SERVICE:

BAEN reserves the right to refuse service to anyone for any reason, at its sole discretion.

EDITORIAL CHANGES:

BAEN reserves the right to delete, edit, or refuse any ad or posting deemed unacceptable or inappropriate, at its sole discretion.

DISALLOWED ADVERTISING:

BAEN prohibits:

• Malicious, slanderous, or derogatory ads.
• Ads for items or animals with ownership disputes.
• Profanity or harassment. Users violating these terms may have their accounts disabled or ads removed without notice.

SOLICITATION AND SPAMMING:

Spamming or solicitation through the Website is strictly prohibited. Violators may face account termination and other penalties.

MONITORING AND COOPERATION WITH LAW ENFORCEMENT:

BAEN reserves the right to monitor user activity, disclose user information as required by law, and cooperate with law enforcement authorities to address illegal activity.

NO ARCHIVE:

Users are responsible for saving copies of their ads. BAEN does not archive deleted or expired listings.

MISCELLANEOUS:

• BAEN does not provide guarantees for uninterrupted service.
• Fees paid for listings are non-refundable.
• Sellers are responsible for proofreading ads and ensuring accurate content.

RECOMMENDATIONS:

BAEN strongly encourages buyers and sellers to:

1. Perform due diligence, including vet checks for horses.
2. Avoid transactions without physical inspection of items or animals.
3. Conduct thorough research on the other party.
4. Use written contracts to document agreements.