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Terms of Service

Effective Date: November 5, 2026 · Replaces the October 22, 2026 version when adopted · Combined with Herd Yard Message Alerts terms September 24, 2026

Welcome to Herd Yard. These Terms of Service ("Terms") govern your access to and use of the Herd Yard website, marketplace, services, payment features, and related tools (collectively, the "Platform").

By creating an account, purchasing a listing or membership, listing livestock or genetics, using Herd Yard's optional payment processing features, or otherwise accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use Herd Yard.

1. Overview of Herd Yard

Herd Yard provides an online marketplace and marketing platform that connects buyers and sellers of cattle, livestock genetics, and other approved agricultural products.

Except where expressly stated otherwise, Herd Yard is not the buyer or seller of items listed on the Platform and does not take ownership or title to cattle, livestock genetics, or other products offered by users.

For traditional private-treaty cattle sales, Herd Yard provides marketing, listing, communication, and connection tools that allow buyers and sellers to negotiate and complete transactions directly with one another.

Herd Yard may also offer optional e-commerce and payment processing functionality for certain eligible transactions. The availability and terms of these services may vary by product type or transaction.

2. Eligibility and User Accounts

You must be legally capable of entering into binding contracts to use Herd Yard for commercial transactions.

You are responsible for maintaining accurate account information and for all activity conducted through your account.

You may not impersonate another person or business, create an account using false information, or use another user's account without authorization.

Herd Yard reserves the right to suspend, restrict, or terminate accounts that violate these Terms, applicable law, or Herd Yard policies.

3. Seller Responsibilities

By listing cattle, genetics, or other approved products on Herd Yard, you represent and agree that:

You own the livestock, genetics, or products being offered for sale or have full legal authority to market and sell them.

Your listings are accurate, truthful, current, and not misleading.

You will accurately disclose material information that a reasonable buyer would consider relevant to the transaction.

You are responsible for complying with all applicable federal, state, and local laws and regulations governing the sale, transfer, health, testing, vaccination, identification, transportation, registration, and delivery of the items being sold.

You will not engage in fraudulent, deceptive, misleading, or unlawful conduct.

You are responsible for fulfilling any sale agreement you enter into with a buyer.

Sellers remain solely responsible for the livestock, genetics, products, representations, documentation, and fulfillment associated with their listings.

4. Buyer Responsibilities

By purchasing or agreeing to purchase cattle, genetics, or other products advertised through Herd Yard, you acknowledge and agree that:

You are responsible for evaluating the seller and the item being purchased.

You are responsible for verifying information that is material to your purchase before completing the transaction.

Unless expressly stated otherwise, Herd Yard does not independently inspect or certify livestock or genetics offered by sellers.

You are responsible for complying with applicable laws and regulations concerning ownership, transportation, importation, health requirements, and possession of livestock or genetics.

You are responsible for reviewing the terms of the transaction with the seller before agreeing to purchase.

5. Listing plans, Producer plans, and Broker plans

Herd Yard offers a free account, a one-time single listing credit, a Producer membership billed monthly or annually, and Broker plans billed monthly. A free account can browse, save, message, and follow. Publishing a listing takes a listing credit or a paid plan, as the product requires when you publish.

The plan name, price, billing period, renewal terms, and included listing access are the ones shown on the pricing page and at checkout. Those screens use the current price catalog. This section does not restate dollar amounts, so an older price is not kept alive here.

The Broker plans offered at checkout are:

Producer memberships and the self-serve Broker plans renew on the period shown at checkout until you cancel in the Stripe billing portal (Account, then Billing). A single listing credit is a one-time charge and does not renew. Unless checkout says otherwise, listing fees, membership fees, and subscription fees are non-refundable. Herd Yard may change plans, prices, and included access for later purchases. The price and terms you accept at checkout control that purchase, including a coupon or other offer entered there.

A legacy annual Producer price may still bill an existing subscription. A new Producer checkout does not use that legacy price. This section does not set the older amount.

6. Private-Treaty Cattle Sales

Herd Yard does not charge a Platform Fee or transaction fee on private-treaty cattle sales when payment and settlement occur directly between the buyer and seller outside Herd Yard's optional e-commerce payment system.

For these transactions, Herd Yard serves as a marketplace and marketing platform that connects buyers and sellers.

The buyer and seller independently negotiate and determine all material terms of the transaction, which may include:

Any warranties, guarantees, or other conditions of sale.

Herd Yard is not a party to these privately settled transactions and does not receive, hold, transfer, or guarantee payment between the parties unless the parties separately elect to use an eligible Herd Yard payment feature.

7. Optional E-Commerce Transactions

Herd Yard may provide optional e-commerce functionality that allows eligible buyers and sellers to complete certain transactions through the Platform.

When a seller elects to use Herd Yard's e-commerce payment functionality, payments may be processed through Stripe or another third-party payment processor selected by Herd Yard.

Transactions processed through Herd Yard's e-commerce system are subject to a Herd Yard Platform Fee based on sale type, unless a different fee is expressly disclosed and agreed to before the transaction is completed: Commercial cattle 2%; Registered seedstock 4%; Beef products 10%; Genetics (semen, embryos, and other frozen genetics) 25%. Herd Yard may set a different Platform Fee for an account or plan; when that applies, the rate shown at checkout controls. Buying a Broker plan does not, by itself, replace these sale-type rates.

The applicable transaction amount, Platform Fee, and any other applicable charges will be disclosed as part of the transaction or payment process.

These Platform Fee rates apply only to transactions processed using Herd Yard's optional e-commerce/payment functionality. They do not apply to ordinary private-treaty transactions completed and paid directly between buyers and sellers outside the Herd Yard payment system.

Use of payment processing services may also be subject to additional terms, requirements, restrictions, verification procedures, and policies imposed by Stripe or another applicable payment processor.

Herd Yard may delay, restrict, suspend, or reverse transactions and may initiate refunds when reasonably necessary to address suspected fraud, chargebacks, disputes, compliance requirements, payment processor requirements, incomplete transaction documentation (including missing Genetics Release Forms), or other circumstances permitted under applicable transaction terms.

Payments for e-commerce transactions are processed as direct charges that settle directly to the seller's own Stripe-connected account. Herd Yard does not escrow or hold seller funds at any point. Where a refund, chargeback, or other amount is owed after funds have settled, Herd Yard or its payment processor may recover those amounts from the seller's Stripe balance in accordance with Stripe's policies, and Herd Yard may restrict accounts with unresolved balances.

Livestock genetics transactions (semen and embryos) completed through the Platform's e-commerce system are subject to additional terms and procedures, including the Herd Yard Genetics Buyer Terms and the Refund, Cancellation & Chargeback Policy (accepted by the buyer at checkout), the seller Release Certifications, the Genetics Release Form requirement, and associated refund policies. When applicable, those supplemental terms are incorporated into these Terms by reference.

8. Payment Processing

Payment processing offered through Herd Yard may be provided by third-party payment processors, including Stripe.

By using Herd Yard's payment functionality, buyers and sellers agree to provide accurate payment, banking, identity, tax, and business information as reasonably required by Herd Yard or its payment processing providers.

Herd Yard does not control the banking networks, card networks, or third-party payment processing systems used to process transactions and is not responsible for delays, interruptions, holds, account restrictions, or other actions imposed by a payment processor or financial institution.

Users are responsible for any obligations they incur as a result of refunds, reversals, chargebacks, disputes, or fraudulent transactions, subject to applicable law and any supplemental Herd Yard transaction policies.

9. Taxes and Regulatory Obligations

Buyers and sellers are responsible for determining and satisfying their respective tax, licensing, reporting, registration, and regulatory obligations arising from transactions conducted through or initiated on Herd Yard, except where Herd Yard is expressly required by law to collect, report, remit, or withhold an amount.

Herd Yard may collect or report transaction information when required by law or by its payment processing providers.

10. Prohibited Activities

Users may not:

Post false, misleading, deceptive, or fraudulent listings.

Offer livestock or products that may not legally be sold.

Misrepresent ownership, health information, genetics, registration information, pedigree, location, age, weight, breeding status, or other material characteristics.

Engage in fraud, payment fraud, chargeback abuse, or other deceptive financial activity.

Harass, threaten, abuse, or unlawfully discriminate against other users.

Attempt to gain unauthorized access to Herd Yard systems or another user's account.

Upload malicious software or otherwise interfere with the operation or security of the Platform.

Use Herd Yard for unlawful activities.

Use Herd Yard in a manner that violates applicable federal, state, or local laws or regulations.

Herd Yard may remove listings or suspend accounts that it reasonably believes violate these Terms or create legal, financial, security, or reputational risk to the Platform or its users.

11. No Guarantee of Listings or Transactions

Herd Yard does not guarantee:

The performance or conduct of any buyer, seller, transporter, veterinarian, storage facility, breeding facility, or other third party.

Users are responsible for conducting appropriate due diligence before entering into a transaction.

12. Disputes Between Buyers and Sellers

For private-treaty transactions completed directly between buyers and sellers, the parties are responsible for resolving disputes between themselves.

Herd Yard is not obligated to mediate or adjudicate disputes involving livestock condition, representations, payment, transportation, delivery, ownership, or other transaction terms.

For transactions processed through Herd Yard's e-commerce system, Herd Yard may administer refunds, payment disputes, chargebacks, documentation requirements, or fund releases according to the applicable transaction policies and payment processor requirements.

Herd Yard's involvement in administering a payment transaction does not make Herd Yard the buyer or seller of the underlying livestock, genetics, or other goods.

13. Limitation of Liability

To the fullest extent permitted by law, Herd Yard and its owners, members, managers, employees, contractors, affiliates, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to:

Use of or inability to use the Platform.

Herd Yard provides a marketplace and technology platform and does not assume responsibility for the performance of buyers or sellers.

Nothing in these Terms excludes liability that cannot legally be excluded or limited under applicable law.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Herd Yard and its owners, members, managers, employees, contractors, affiliates, and agents from claims, damages, liabilities, losses, costs, and reasonable legal expenses arising from or related to:

Your fraudulent, negligent, or wrongful conduct.

15. User Content and License to Herd Yard

Ownership. You keep ownership of the content you submit to Herd Yard. "User Content" means listings, photographs, videos, PDFs and other documents, descriptions, logos, Producer Profile content, reviews, ratings, comments, and any messages or other materials you post to public areas of the Platform. This license does not transfer ownership of your User Content to Herd Yard.

License. By submitting User Content, you grant Herd Yard LLC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable (through multiple tiers) license to use, host, store, reproduce, modify, adapt, edit, resize, translate, create derivative works of, publish, publicly perform, publicly display, distribute, and otherwise commercially exploit that User Content, in whole or in part, in any media, formats, and channels now known or later developed, for any purpose. These purposes include operating and improving the Platform; marketing, advertising, and promoting Herd Yard, your listings, and your Producer Profile on and off the Platform (including social media, email, print, and partner sites); training, testing, and improving software, analytics, and artificial intelligence and machine learning models; and creating, using, and licensing aggregated or de-identified data products.

Names and likeness. You consent to Herd Yard's use of your name, ranch or business name, brand, logo, and any likeness or voice that appears in your User Content, in connection with the uses described above, without further notice or compensation.

Moral rights and attribution. To the fullest extent permitted by law, you waive, and agree not to assert, any moral rights, rights of attribution, or similar rights in your User Content against Herd Yard, its sublicensees, and their successors. Herd Yard is not required to credit you as the source of User Content.

No obligation; no compensation. Herd Yard is not obligated to use, publish, keep, or display any User Content, and may remove it at any time. You are not entitled to any payment, royalty, or other compensation for any use of User Content under this license.

Survival. This license survives the removal of User Content, the deletion or termination of your account, and the termination of these Terms. After removal or deletion, Herd Yard will stop showing removed User Content in your public listings and Producer Profile within a reasonable time, but may keep and continue to use copies already made, incorporated into marketing materials, models, or aggregated or de-identified data, or kept in backups and records.

Your promises. You represent and warrant that (a) you own your User Content or have all rights, licenses, consents, and releases needed to grant this license, including from every person who appears in or created it; (b) Herd Yard's use of your User Content as allowed here will not infringe or violate anyone's copyright, trademark, privacy, publicity, or other rights; and (c) your User Content is accurate and lawful.

Limits. Personal information is governed by the Privacy Policy, and nothing in this section expands how Herd Yard uses or shares personal information beyond that policy. Private messages between buyers and sellers are not published by Herd Yard. The separate, optional SMS program and its terms, including that mobile numbers are not shared with third parties for their marketing, are not changed by this section. See also the Data Use Policy and the Copyright & Intellectual Property Policy.

16. Suspension and Termination

Herd Yard may remove listings, restrict features, suspend accounts, or terminate access to the Platform when Herd Yard reasonably determines that a user has violated these Terms, engaged in fraudulent or abusive conduct, created unacceptable risk, or violated applicable law.

Termination or suspension does not eliminate payment, refund, chargeback, indemnification, or other obligations incurred before termination.

17. Changes to These Terms

Herd Yard may update these Terms from time to time to reflect changes to the Platform, pricing, payment functionality, legal requirements, or business practices.

Updated Terms will be posted on the Herd Yard website with a revised effective date.

Material changes affecting recurring paid services or existing transactions will be handled in accordance with applicable law and any notice requirements associated with those services.

Continued use of Herd Yard after updated Terms become effective constitutes acceptance of the revised Terms.

18. Governing Law

These Terms and your use of Herd Yard are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except where applicable federal law controls.

19. Contact Us

Questions regarding these Terms may be directed to:

Herd Yard LLC

Email: [email protected]

20. Additional Herd Yard Policies

The Acceptable Use Policy and the Data Use Policy are part of these Terms. The Cookie Policy explains cookies and browser storage used on the Platform. If you sign in with Google or Apple, you also agree that Herd Yard may receive your name and email address from that provider to create or link your account. New accounts may require approval by Herd Yard before they can list or message.

21. Mobile Apps and Communications

Herd Yard may be offered as an installable web app. By creating an account you agree that Herd Yard may send you service email about your account, approvals, listings, messages, orders, and passwords. Text messages are covered only by the separate, optional SMS program described below.

SMS — optional, not part of the required Terms

These Terms do not include consent to receive text messages. You may use Herd Yard without SMS. If you want Herd Yard Message Alerts, you must opt in separately on the standalone form at /sms or with the optional, unchecked checkbox on Account → Notifications, or by texting START, YES, or UNSTOP. Program details, frequency, rates, and STOP/HELP live on that SMS page. Consent is not a condition of purchase or of creating an account.

Scripture quotations

Scripture quotations are from the ESV® Bible (The Holy Bible, English Standard Version®), copyright © 2001 by Crossway, a publishing ministry of Good News Publishers. Used by permission. All rights reserved.

Other agreements

The following policies from herdyard.com are part of these Terms: the Disclaimer and the Copyright & Intellectual Property Policy. The Privacy Policy and optional SMS program details also apply.