USER TERMS AND CONDITIONS

BY REGISTERING AND BIDDING YOU ARE AGREEING THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND HAVE REVIEWED AND UNDERSTAND THE TERMS AND CONDITIONS AS SET FORTH BELOW.

1. Introduction. You agree to comply with all Terms and Conditions of this Agreement when accessing or using the services provided by Thehorsebay. You agree that you are making use of Thehorsebay services at your own risk, that all sales are FINAL, and that any services are being provided to you on an “AS IS” and “AS AVAILABLE” basis.
    

2. About Thehorsebay. Thehorsebay is a marketplace that allows user to offer, sell, and buy horses from various locations across the United States. Thehorsebay is not a party to contracts for sale between third-party sellers and buyers.

   Any guidance Thehorsebay provides, such as pricing, shipping, listing, and sourcing is solely given for informational purposes and users may decide to follow it or not. Unless otherwise expressly provided, Thehorsebay has no control over and does not guarantee the quality, safety, or soundness of the horses advertised.

3. Using Thehorsebay. In connection with using or accessing Thehorsebay services, you agree to comply with these Terms and Conditions and all applicable laws, rules, and regulations, and you will not:
   • use Thehorsebay services if you are under the age of eighteen (18) or otherwise not able to form legally binding contracts;
   • as a Buyer, fail to furnish valid payment to a Seller by the next business day for a purchase secured by a winning bid if prior arrangements are not made;
   • as a Seller, fail to deliver the horse(s) to a Buyer that has been validly purchased and paid for;
   • as a Seller, bid on your own horse(s) with another account;
   • manipulate or allow to be manipulated the price of any listing, including but not limited to the practice of “shill bidding”, with the intent to artificially increase the price or desirability of a listing;
   • publish vulgar, inappropriate, false, misleading, deceptive, inaccurate, defamatory, or libelous content;
   • collect or otherwise use information about users for purposes beyond the use of Thehorsebay services without their consent..

   If Thehorsebay, at its sole discretion, determines that you are abusing or misusing Thehorsebay services in any way, it may limit, suspend, or terminate your user account(s) and access to services, delay or remove listing, and take any further technical and/or legal steps to prevent you from using Thehorsebay services.

4. Seller’s Warranty. When selling a horse using Thehorsebay services, you represent and warrant that, for all such content you provide, that you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms and Conditions. You further represent and warrant that such content you provide is accurate, as the accuracy of all information regarding any horses for sale on Thehorsebay.com is the sole responsibility of the owner.

   There are no warranties, either express or implied, made by Thehorsebay as to the condition, merchantability, soundness, or fitness of the horses contained in any listing on Thehorsebay.com for any particular purpose.

   Buyer agrees to hold Thehorsebay harmless from any claims arising out of any such inaccuracies or omissions. If a prospective Buyer is uncertain about information contained in a listing, they should consult with the owner prior to placing a bid.

5. Purchase Conditions. When buying a horse using Thehorsebay services, you are responsible for reading the full listing and making all necessary inquiries to the Seller before making a bid or offer, buying, or committing to buy. It is the sole responsibility of the Buyer to inspect any horses prior to bidding and/or purchase. By placing a bid or making an offer on a listing, Buyer is indicating that they have fully examined or researched the horse listed to their satisfaction.

   By placing a bid or an offer on a listing, you acknowledge that your bid is a legally binding offer to purchase the horse being auctioned. Thus, you acknowledge that if you have the winning bid, you have entered into a legally binding and legally enforceable contract to purchase the horse in the listing.

   Thehorsebay holds no ownership interest in any of the horses offered for sale and does not transfer legal ownership of any listed horse from the Seller to Buyer. All arrangements for payment, transportation, boarding, and other necessary arrangements for transfer of the horse to Buyer from Seller are the sole responsibility of the Buyer. Thehorsebay is not responsible for making these arrangements but can make recommendations to get Buyers connected with a trusted shipper. If prior arrangements with the Seller are not made, payment must be made directly to Seller by end of the next business day following notification of a winning bid.

6. Payment through Thehorsebay. As stated above, it is the sole responsibility of the Buyer to make arrangements with Seller regarding payment and shipping prior to making an offer or placing a bid on a horse. All payments must be made directly to Seller. When necessary, pursuant to a request by Buyer and Seller, Thehorsebay may accept payment from Buyer for transfer to Seller. Under these circumstances, the parties must sign an additional Transfer of Funds Agreement and payment must be made by end of the next business day following notification of a winning bid.
    
7. Default on Purchase. If any person who places the winning bid on a listing does not pay theSeller, the Buyer will be in default of this agreement and Thehorsebay or the Seller will have the right to resell the horse or pursue legal action against Buyer. Buyer agrees to pay all costs of any resale and price deficiency, if any, as well as any costs associated with filing suit together with reasonable attorney fees.
    
8. Risk and Responsibility. Upon conclusion of an auction, the Buyer holding the winning bid assumes all risk, responsibility, and expense for the horse purchased, including but not limited to illness, injury, or death of the horse. Buyer agrees to pay for any basic board and care as needed, unless otherwise agreed between Buyer and Seller, until Buyer takes possession of the horse or otherwise has the horse picked up from the Seller.
    
9. Choice of Law. These Terms and Conditions, and the interpretation thereof, shall be governed by the internal law of the State of Missouri, without regard to any choice of law provisions that may call for the application of any other law. Thehorsebay users hereby consent to the Circuit Court for Webster County, Missouri as the appropriate court in which to resolve any disputes or breaches relating to this Agreement, or to enforce any terms of this Agreement, and the Parties waive any objection to jurisdiction or venue for any such action which may be brought in either of said courts.
    
10. Release. You agree to release Thehorsebay from any claims or disputes of every kind and nature, known and unknown, that you may have against one or more users arising out of the sale, transfer of funds, or use of services provided by Thehorsebay.
     
11. Indemnity. You agree to indemnify and hold Thehorsebay harmless from any prospective claims made by any third-party arising out of or related to your breach of these Terms and Conditions or your violation of any law or the rights of any third-party.
     
12. Severability. Any provision of this Agreement, which is deemed invalid, illegal, or unenforceable in any jurisdiction will not affect the remaining provisions in that jurisdiction or render that or any other provision of this Agreement invalid, illegal, or unenforceable in any other jurisdiction.