BulletinBarn

Terms of Service

BulletinBarn

Last updated: [DATE]

DRAFT — ATTORNEY REVIEW REQUIRED. This document is a working template, not legal advice. Before publishing, have a licensed attorney review it, complete all bracketed items, and confirm it reflects current federal and state law and your final product design.

1.Agreement to These Terms

These Terms of Service ("Terms") are a binding agreement between you and [COMPANY LEGAL NAME], a [STATE] [ENTITY TYPE] ("BulletinBarn," "we," "us"). By creating an account, posting a listing, sending a message, or otherwise using the BulletinBarn website or mobile application (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old to use the Service.

2.What the Service Is — and Is Not

BulletinBarn is a classified advertising and communication platform. We provide a place where private parties can post listings for animals and communicate directly with one another.

We are not a party to any transaction. Specifically, BulletinBarn:

  • Does not buy, sell, breed, broker, auction, or take ownership, custody, or possession of any animal;
  • Does not process, hold, or transmit payments between users;
  • Does not arrange, provide, or facilitate shipping or transport of animals;
  • Does not act as an agent, dealer, or broker for any user;
  • Does not inspect, examine, or verify any animal, listing, or user claim;
  • Does not endorse, recommend, or guarantee any user, animal, or transaction.

Any sale, purchase, trade, or other transaction is arranged and completed solely between the buyer and seller, on terms they set themselves, entirely outside the Service. All listings are intended for local, in-person transactions.

3.Your Responsibility to Follow the Law

You are solely responsible for ensuring that any listing you post, any communication you send, and any transaction you enter complies with all applicable federal, state, tribal, and local laws, regulations, and ordinances. These vary by location and may include, without limitation:

  • The federal Animal Welfare Act (7 U.S.C. § 2131 et seq.), including licensing requirements that may apply to certain breeders and dealers;
  • The Endangered Species Act, the Lacey Act, and other federal wildlife laws;
  • State laws governing animal sales, breeding, health, and welfare, which vary significantly by state;
  • State animal import and health-certificate requirements, including veterinary inspection requirements for animals transported across state lines;
  • County and municipal ordinances, including kennel licensing, zoning, and species restrictions.

By posting a listing, you represent and warrant that: (a) you are a private party or otherwise legally entitled to offer the animal described; (b) you hold any license, permit, or certificate required for the sale you propose; (c) the listing is truthful and not misleading; and (d) the sale you propose is lawful in your jurisdiction and, to your knowledge, in the buyer's.

Informational notices that may appear in the Service (for example, reminders about interstate health-certificate requirements) are provided as a courtesy only. They are not legal advice, may be incomplete or outdated, and do not shift any compliance responsibility to us.

4.Prohibited Listings and Conduct

You may not use the Service to post, offer, solicit, or arrange any of the following:

Prohibited listings

  • Any animal whose sale, purchase, or possession is prohibited by applicable law;
  • Endangered, threatened, or protected wildlife, or any wildlife requiring a permit the seller does not hold;
  • Exotic or wild animals of any kind. BulletinBarn does not permit exotic animal listings regardless of licensure or permits;
  • Dogs or cats under eight (8) weeks of age;
  • Sick or injured animals misrepresented as healthy;
  • Stolen animals or animals the seller does not own or lacks authority to sell;
  • Animals offered for fighting, baiting, or any unlawful purpose;
  • Animals offered for use in research in violation of applicable law;
  • Live animals offered for shipment or sight-unseen delivery.

Prohibited conduct

  • Misrepresenting an animal's age, health, breed, registration, vaccination status, or origin;
  • Operating as an unlicensed commercial dealer, broker, or breeder where a license is required;
  • Using the Service, including its private messaging feature, to plan, conceal, or carry out any unlawful activity;
  • Harassment, threats, fraud, or spam;
  • Circumventing removal of a listing or suspension of an account;
  • Scraping, harvesting user data, or interfering with the Service's operation.

We may remove any listing, restrict any feature, or suspend or terminate any account at any time, with or without notice, if we believe in our sole discretion that these Terms have been violated or that content may be unlawful. We are not obligated to monitor listings or messages, and our removal of some content does not obligate us to remove other content.

5.Listings and User Content

You retain ownership of the content you post. You grant BulletinBarn a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and distribute your content solely for the purpose of operating and promoting the Service.

All listings, photographs, descriptions, and messages are created by users. We do not create, verify, or adopt user content, and we are not responsible for its accuracy, legality, or quality.

6.Private Messaging

The Service includes a private messaging feature so buyers and sellers can communicate directly. Messaging is provided for lawful communication about listings.

Privacy features do not create a right to use the Service for unlawful purposes. We reserve the right to act on user reports, respond to valid legal process, and take enforcement action consistent with our policies and applicable law. Our Privacy Policy describes what information we collect and how we handle it.

7.Transactions Are Between Users

Because we are not a party to any transaction:

  • We make no representation about any animal's health, temperament, pedigree, registration, or fitness for any purpose;
  • We do not guarantee that any seller will complete a sale or that any buyer will pay;
  • Any dispute arising from a transaction — including refunds, health issues discovered after sale, or failure to deliver — is solely between the buyer and seller;
  • You release BulletinBarn from all claims arising out of or relating to any transaction or interaction with another user, to the fullest extent permitted by law.

We strongly encourage users to meet in safe public locations, verify animal health with a veterinarian, obtain written bills of sale, and confirm any required health certificates before completing a transaction.

8.Reporting

If you believe a listing or user violates these Terms or the law, use the in-app report feature or contact us at [CONTACT EMAIL]. We review reports and take action we deem appropriate, but we do not guarantee any particular outcome.

9.Accounts and Termination

You are responsible for your account credentials and all activity under your account. You may close your account at any time. We may suspend or terminate your access at any time for violation of these Terms, suspected unlawful activity, risk to other users or animals, or discontinuation of the Service. Sections 3, 5, 7, and 10–13 survive termination.

10.Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any listing or user content is accurate or lawful.

11.Limitation of Liability

To the fullest extent permitted by law, [COMPANY LEGAL NAME] and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss arising from any transaction between users, any animal purchased or sold, or any user content. Our total liability for any claim arising out of the Service will not exceed the greater of one hundred dollars ($100) or the amount you paid us in the twelve months before the claim arose.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12.Indemnification

You agree to indemnify, defend, and hold harmless [COMPANY LEGAL NAME] from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your listings or other content; (b) your transactions or interactions with other users; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

13.Governing Law and Disputes

These Terms are governed by the laws of the State of [STATE — attorney to advise], without regard to conflict-of-law rules. [ATTORNEY TO ADVISE: venue, arbitration clause, class-action waiver, and small-claims carve-out.]

14.Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms with a new "Last updated" date and, for material changes, provide notice through the Service. Continued use after changes take effect constitutes acceptance.

15.Miscellaneous

If any provision of these Terms is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy and any posted policies, are the entire agreement between you and us regarding the Service. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

16.Contact

[COMPANY LEGAL NAME]
[MAILING ADDRESS]
[CONTACT EMAIL]