GENERAL:
Purfect Products, LLC d/b/a bayequest.com (hereinafter referred to as “BAEN” or the “Website”) is 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 are consenting to be bound by these Terms of Use. If you do not agree to these Terms of Use or our Privacy Policy available here, do not access or use the Website.

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

INDEMNITY:
You agree to indemnify and hold BAEN and its officers, members, directors, agents, subsidiaries, joint ventures, and employees harmless from any damages arising out of any claims or demands. including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms of Use, your use of the Website, including your sale or purchase of any items, animals, or services on the Website, or your violation of any law or the rights of any third party.

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

BUYING AND SELLING:
Use caution and good judgment when transacting through the Website. BAEN acts as an online venue for interactive, self-published listings of horses and other items for sale. BAEN is not involved in the transaction between buyers and sellers. BAEN is NOT an agent, broker, or dealer in horses or used tack and does not receive any commission.

“No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230).
https://www.eff.org/issues/cda230

The Website is a classified ad search engine and listing service that brings together buyers and sellers. Information about a particular item, animal or service is supplied by the seller, not by Purfect Prodcuts, LLC. BAEN will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does BAEN take title to any of the goods or animals offered for sale on the Website or process any payments related to goods or animals offered for sale on the Website. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular item. All payments are handled directly between the buyer and the seller, and the Company will not provide any refunds or other compensation for transactions relating to listings on the Website.

When you place an ad on this Website, you must be prepared to sell the item, animal, or service in the ad at the price at which, and the terms on which you’ve listed it. You must have possession of the actual item or animal listed and the ability to transfer ownership. To list an item, animal or service for sale on the Website, sellers are required to provide certain identifying and contact information. BAEN reserves the right to deny use of the Website to anyone who uses the Website in a manner we consider, in our sole discretion, inappropriate. Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all messages transmitted through the Website. Sellers are solely responsible for any taxes or fees resulting from use of the Website, including any sales arising out of the Website.

NO GUARANTEE:
BAEN does not guarantee the sale of your horse, item or services. BAEN does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. In addition, BAEN strongly recommends that all buyers perform pre-purchase due diligence, such as a pre-purchase exam by the buyer’s equine veterinarian of choice for any horse purchase. BAEN does not guarantee or warrant the performance of any person or entity advertising on its site. BAEN does not control or verify the content posted on the Website and, as such, does not guarantee the accuracy, integrity or quality of such content.

GOVERNING LAW:
These Terms of Use have been made in, and will be construed in accordance with the laws of the State of Colorado. By using this Website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Arapahoe County, Colorado USA in all disputes arising out of or relating to these Terms of Use or use of this Website.

RIGHT TO REFUSE SERVICE:
We reserve the right to refuse service to anyone for any reason.

EDITORIAL CHANGES:
All advertisement listings are subject to reasonable editorial changes or deletion. BAEN may mark ads sold or delete sold ads at our discretion, but we have no obligation to do so. Although BAEN cannot monitor all the ads posted to our Website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using the Website you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Website. We retain the right to deny access to anyone who we believe has violated these Terms of Use or any other term of this agreement.

DISALLOWED ADVERTISING:
Slanderous, malicious, warning, or ANY KIND OF DEROGATORY ads are not permitted on BAEN. Ads for any animal or item with any kind of ownership dispute are not allowed on BAEN. Profanity and harassment are not allowed on BAEN.

If you have a complaint about a seller on our system, please Contact Us with the details. If we receive information that a seller is participating in any sort of questionable or fraudulent activity via our site, engaging in any sort of false or misleading advertising, etc., we may disable that seller’s account without notice at our own discretion. BAEN may remove users that do not comply with these Terms of Use, but it is not required to do so.

COMMUNITY FLAGGING:
If you see an inappropriate ad listed on our site, please login and then click the Report button found on the ad. This is a quick and easy way to alert our staff to problem ads. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities.

SOLICITATION AND SPAMMING:
Solicitation or spamming of other BAEN users through our site or ads is not allowed. If you send any type of unsolicited email (spam) to other users of our site advertising your own services, your account may be disabled and your ads may be deleted, your email may be blocked from further ad responses, and you may be marked on our site as a spammer.

If you see a slanderous or malicious ad on our site or receive unsolicited email (spam) from another user such as someone trying to sell you their own services via our ad response form, please report the scammer/spammer through your saved messages within your account.

If you see a possible stolen or missing horse listed on our site for sale, please Contact Us.

YOUR PRIVACY, ETC.:
If you provide personal contact information, BAEN is not responsible for any misuse of this information. BAEN does not and will never sell or release your email address. (See our Privacy Policy.)

NO ARCHIVE:
Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.

MONITORING AND COOPERATION WITH LAW ENFORCEMENT, ETC.:
We have the right to:

Remove or refuse to post any user information for any or no reason in our sole discretion.
Take any action with respect to any user information that we deem necessary or appropriate in our sole discretion, including if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, sales, payments, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

MISCELLANEOUS:
BAEN does NOT have any sort of program to insure receipt of your purchases from third parties. We recommend that you place insurance and tracking on all items.

Owners are responsible to proofread ads and confirm that correct photos are appearing on ads. Owners are responsible for early deletion of ads. Owners are responsible for marking horses as sold.

Service interruptions are possible. BAEN cannot guarantee uninterrupted service due to circumstances beyond our control.

BAEN is not responsible for photos lost or damaged in the mail. BAEN is not responsible for typos or accidental errors appearing on advertisements as they are completely self-published. Our photo ads have a fee which is subject to change. This is a setup, hosting, and bandwidth fee. Photo(s) will remain on the ad until the horse is SOLD, removed by the owner, requested to be removed by the BUYER, or purchased time period has passed–whichever comes first. All fees paid are non-refundable, i.e. if your ad sells quickly, there is no refund for remaining time. We reserve the right to delete ads for sold items without notice to seller upon the request of the buyer.

By using and continuing to use this interactive service, all users, sellers, and buyers agree to the above terms entirely.

Copyrighted Images, Proofs, Etc.
BAEN cannot be held responsible for violations created by its users and/or customers. These violations include, but are not limited to: copyright violation, trademark violations, trade names or patents, or other content which is in violation of any local, state or federal laws.

Our customers are solely responsible for obtaining express permission from professional photographers, subjects, etc. to display images on our site. We will not accept any images labelled “PROOF” for use on our web site. If there is a visible photographer’s signature or label on the face of a photo, we will not remove this information from the digital image that we display. If we are informed of copyright violations created by our customers, we will remove disputed images from the site without refund or prior notice to the offender. BAEN may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of users who have infringed on the copyrights of others. If you are a photographer, please be sure to contact your customer directly about their inappropriate use of your photo.

If you believe that your intellectual property has been infringed on our site, please provide BAEN with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed.
The Horse ID or Item ID or other location where this property is being displayed.
Your name, business name, address, telephone number, and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The signature of the person authorized to act on behalf of the owner of the copyright.

BAEN Agent for Notice of claims of copyright or other intellectual property infringement can be reached through our Contact Us page.

Recommendations
While BAEN cannot give legal advice, we do have some general recommendations for buying and selling:

BAEN strongly recommends that a Vet-Check or Pre-Purchase Exam should ALWAYS be performed on any horse being considered for purchase by the buyer’s Equine Veterinarian of choice.

We recommend that you DO NOT BUY a horse sight unseen. At the very least, have a veterinarian or trusted individual lay eyes on the animal.

Always be sure to specifically ask the seller if the horse has any soundness issues, vices, or other problems.

You should never complete a transaction without first writing down the terms of the deal and have each party sign it. If you can’t afford a lawyer to draft up a contract, you still should write down the terms of the deal in plain English and get it signed. Any buyer or seller that is hesitant or resists is usually a sure sign of a potential problem.

Do Your Research to make sure you are comfortable with the other party to your transaction. Find out who you are dealing with. Research any and all information you can find online about the person. Look up their social media accounts, look them up on people-finder sites like truepeoplesearch.com, look for their email address on Google, etc. Ask for verifiable references such as their Veterinarian, Farrier, Trainer, or other business associates in the horse industry. Look online for complaints by other people.

Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.