Terms & Conditions
By using the Openherd.com website ("Openherd", "this site", "we", "our", "us"), you acknowledge your understanding of and agree to abide by the Terms and Conditions below.
While we allow anyone to view the information on Openherd.com, this in no way constitutes permission that the site in whole or in part, the data, information, criteria-based searching and compiled search results, text, images, site design, color scheme, logo, site images, site code, or any other content can be reused, displayed, sold, or used to create derivative work or products, or be distributed, either by human or automated means, for commercial purposes.
The information that individual members display on their public pages and the features provided by Openherd for the purposes of contacting or otherwise interacting with members are intended for legitimate enquiries related to the products and services offered by the members of Openherd.com. By using Openherd.com, you acknowledge and agree to not use the information presented or the features provided, including the "Email Us" feature, for the purpose of soliciting business, either by human or automated means. Enquiries into products and services offered by inidividual members of Openherd.com should be limited so as not to cause repeated, unwanted communication, especially when any member has specifically requested you to stop sending them messages. Failure to abide by these Terms may result in your member account being suspended, removed, measures implemented to prevent your use of the site, or other legal action being taken.
All content as it is assembled and presented on Openherd.com is the property of Alpaca Elite, LLC ("Openherd") and is protected by U.S. and International copyright laws. If you wish to use the Openherd logo or other content of this site you must obtain specific written permission from Openherd. Other web sites are given permission to link to Openherd.com as long as the page linked to is displayed in its entirety (not framed or otherwise cropped), and that the identity and content of Openherd.com is not used to falsely give affiliation or endorsement to another business or individual, used for derogatory purposes, or in any other way to misrepresent Openherd, its services, members, or the information presented on this site.
While Openherd encourages professionalism and integrity of all the businesses represented and linked to on this site, it does not warrant, take responsibility or assume liability for the products, services, practices, or actions of any individual, business entity or advertiser represented on this site. Therefore, users of this site are encouraged to review and evaluate a business, their statements and policies, products and services, and other sales information for themselves before deciding to conduct business with them, including placing bids on online auctions.
Openherd member accounts are intended for legitimate farms or farming-related businesses to promote their products and/or services. The Openherd member content management system is to be used in a manner consistent with its intended purpose, which includes using specific input forms or upload tools according to the listing type (individual animals, packages, services, products, etc.), input labels, captions, tooltip notes, or other notes related to that input. Sales pages may not be used as a form of page redirection or promotion of other websites or other online content. Openherd accounts are not to be used for promoting an organization or business that is not deemed by Openherd at its sole discretion to be consistent with the intent of this website. Members are required to provide all required farm and contact information which must be for a legitimate business entity. Members are not permitted to create multiple accounts that are disguised under fictitious or misleading identities or for which the business information does not appear to be for a legitimate business. Openherd reserves the right to immediately deactivate accounts that are not in compliance with this policy.
By creating an account on Openherd.com, you give Openherd permission to contact you regarding alpaca-related products, services, updates, promotions, and other relevant information. You also agree to give Openherd permission to use comments or feedback submitted via the Openherd.com forum and Openherd.com promotions, along with your name and business name (if applicable), in any Openherd marketing campaigns. Openherd does not share or sell any contact or personal information and does not engage in any spamming or other unethical practices.
Members are required to list their business name in a manner consistent with its legally registered name or DBA ("Doing Business As"). Suffixes such as "Inc." or "LLC" may be omitted. Members are not permitted to add or remove characters, symbols, or spaces to or from their legal business name as a means to manipulate their alphanumerical position in search results, to disguise their business identity, or as an attempt to infringe upon the legal identity of another business or individual. Openherd reserves the right at its sole discretion to modify a business's listed name that does not appear to be supported by materials uploaded, linked or referenced in their account. If a dispute arises over the use of a name that Openherd has deemed to be inconsistent with other instances of that business name, proof of legal registration may be submitted to Openherd for review and verification.
Individuals & Group Identities
Members are required to list theirs and any other name(s) and contact information associated with an account in their normal, full form (or contracted form, such as "Deb" instead of "Deborah", or commonly understood nickname such as "Jim" instead of "James"), as commonly associated and published with their legal business name. Abbreviations of first or last names, such as "J. Brown" or "James B." and incomplete contact information fields, are not permitted. Openherd reserves the right to suspend or deactivate any account 5 business days after a Member has been notified by email about a problem with their names or contact information and the required updates have not been made.
Members Rights, Responsibilities & Liability
A Member of Openherd includes anyone who has created an Openherd account. Members of Openherd.com take sole responsibility for the content (text, images, data, links, etc.) they upload and display and the accuracy and truthfulness of their information. Opinions and views expressed by members are solely theirs and do not necessarily reflect the opinions or views of Openherd. Openherd accepts no responsibility or liability for errors or omissions in third party records and information or information uploaded by members. Openherd will strive to keep this website free of profanity, inappropriate images, derogatory or libelous content, and any other content that Openherd determines to be unacceptable. Openherd reserves the right to edit, remove, or delete any content at its sole discretion and revoke a member's privileges or account.
Openherd members must obtain formal permission to publish or republish copyrighted material from its respective copyright owner(s) prior to publishing the material using their Openherd account. Complete credit, backlinks, or other identifying information must be included, as requested by the copyright holder and as required by applicable copyright laws. Any member that does not obtain formal permission to republish copyrighted material is in violation of U.S. and International copyright laws and are liable to prosecution by their respective copyright owner(s).
Openherd reserves the right to immediately remove any material it deems at its sole discretion to be in violation of copyright laws. Furthermore, Openherd reserves the right to suspend or revoke a member's account if a complaint or multiple complaints are received from copyright owner(s) for material published without their permission or that is not in full compliance with their terms for publication.
While Openherd strives to inform members of their responsibilities regarding publishing the work of others and obtaining formal permission to do so, Openherd does not accept responsibility or liability for material published by any member using their Openherd account and displayed on any website served by the Openherd database. If a copyright owner discovers that their work has been published without permission, they should contact Openherd immediately.
Openherd members are solely responsible for maintaining security of their account username/password, access to their account, its use and the information and content that they or anyone else using their account uploads and displays on their pages. Openherd assumes no responsibility or liability for the information and images that is uploaded through member accounts and displayed on their pages and any claims of ownership or copyright infringement that may arise from such information and images. Members are solely responsible for keeping their username and password secure and take responsibility for the actions and content uploaded by others who use their account, whether by permission or not, due to sharing of login information or by using browser features such as password managers or other technology that saves login information.
Openherd.com provides each of its breeder or vendor members with the ability to create their own personalized URL (Uniform Resource Locator) for the purpose of providing a professional web address to direct visitors to their own farm page. The personalized URL entered should closely resemble the corresponding business' name or registered domain name. The practice of domain speculation, whereby a URL is taken with the intention of denying a competitor from being able to use this URL for their own farm, as a means to deceptively direct web traffic away from a competitor's pages to their own, or with the intention of selling back a URL for any form of profit, is strictly prohibited. In the case where one member's farm name is very similar to a competitor's farm name and there is no evidence of domain speculation or malicious intent, then URLs are acquired on a first come, first served basis and Openherd assumes no responsibility for arbitrating such cases.
In the case where a member has entered a URL that appears to be unrelated to their own farm name and is confusingly similar to a competitor's farm name, Openherd reserves the right to remove their URL entry at Openherd's sole discretion. Openherd reserves the right to deny the privilege of a Personalized URL to any farm that engages in any form of domain speculation or malicious activity.
Items in the Openherd Shopping Cart always reflect the most recent price displayed on their product pages. Therefore, items that are added to the Shopping Cart and purchased at a later date may reflect a higher price. All items that are placed in the Openherd Shopping Cart are subject to availability and may be purchased by others until your payment process has been successfully completed.
All prices and fees presented on the Openherd.com website are in United States Dollars (USD). Openherd.com assumes no liability for purchases or bidding under any assumptions that prices shown are in any other currencies other than USD.
Advertisements on Openherd.com should be industry-related and relevant to our membership and site visitor demographic. Openherd reserves the right to decline to publish an advertisement that in our sole discretion is not appropriate or relevant to the purposes and goals of Openherd.com and/or link to a site or content that is not consistent with these terms or with the information, products, services, or themes presented in the advertisement. If in doubt, please submit your web-ready artwork and ad URL to Openherd Support for approval at least 7 days prior to the commencement of the advertisement's scheduled run date.
Openherd advertisers are solely responsible for the advertising ("ad") information and materials that they provide or upload and Openherd takes assumes no responsibility or liability for inaccurate, misleading, incomplete information or incorrect URLs ("hyperlinks"). Ads that promote Openherd competitors or link to Openherd competitors or that are offensive, inappropriate, disparaging or libelous towards Openherd or another business or individual or are in any other way deemed to be unacceptable at the sole discretion of Openherd, will be removed. If an advertiser establishes a habit or pattern of abuse of these Terms, Openherd reserves the right to revoke their advertising privilege or member account. If an ad is deemed unacceptable by Openherd and is removed, the advertiser will be notified immediately and will be given the opportunity to replace the ad with one that is acceptable for the balance of the ad run time, unless their privileges have been revoked. No credit will be given for elapsed ad runtime that is not utilized.
In the case that an Openherd advertiser has not selected content or uploaded materials for their scheduled ad run, Openherd will make reasonable effort to contact the advertiser ahead of the ad's scheduled runtime. However, if an advertiser can not be reached and materials or necessary information provided in time, they will not be entitled to a refund or rescheduling of their ad. Advertisers are solely responsible for their advertising purchases and ensuring that they have provided the necessary materials or information in good time before the ad's run commences.
Advertising prices DO NOT include graphic design services. Advertisers will need to provide their own web-ready artwork according to the specifications provided in the member account. Openherd does not offer refunds for unused or partially used advertising. Rescheduling an advertising space for different dates may be approved on an individual basis upon request, as long as the currently scheduled start date is not less than 30 days from the date the rescheduling request was made. Rescheduling is subject to availability of ad space.
Peruvian Import Records are provided by Stachowski Alpacas, LLC. This information is provided solely for informational purposes and is correct to the best of Stachowski Alpacas, LLC knowledge. By using the Import Records on Openherd.com, users agree to hold Openherd harmless for any errors, omissions, and any monetary or other claims arising from such errors or omissions. Any errors, omissions, or inaccuracies discovered, should be promptly addressed to Stachowski Alpacas, LLC.
Users of the Openherd forum take sole responsibility for the content they post, the accuracy of their information, advice given, or opinions expressed, which do not necessarily reflect the opinions of Openherd or its moderators. Openherd and its moderators reserve the right to edit, alter, or remove any content posted to the forum. Openherd also reserves the right to revoke a user's privilege to post content. No profanity, "flaming", derogatory or libelous comments, advertising, legal advice, voicing grievances, or other inappropriate content will be allowed.
Openherd Store & Member Stores
The Openherd Store and individual member storefronts are a product and service listing and advertising service provided for Openherd members. Individual sellers are responsible for the products and services they advertise, list and sell, for shipping, delivery, insurance, returns, guarantees and warranties, purchase transactions, and anything else related to the sale. Openherd does not take responsibility or liability for products and services listed or advertised in the Openherd Store and Openherd's terms and conditions are not superceded by any Seller terms, conditions, or policies. Please contact individual Sellers for any questions or customer service issues.
The Openherd Store and individual member storefronts are a product and service listing and advertising service provided for Openherd members. Individual sellers are responsible for the products and services they advertise, list and sell, for shipping, delivery, insurance, returns, guarantees and warranties, purchase transactions, and anything else related to the sale. Openherd does not take responsibility or liability for errors, losses, fraud, or any other issue related to products and services listed or advertised in the Openherd Store or purchase transactions. Openherd's terms and conditions are not superceded by any Seller terms, conditions, or policies. Please contact individual Sellers for any questions or customer service issues.
Openherd Auctions is an internet venue to allow Openherd members with a valid account and email address, to offer, sell, and buy items, at anytime, from anywhere, in a number of pricing formats, such as fixed price "Buy It Now!", and auction-style bidding. Additionally, Openherd auctions provide sellers with integrated advertising of their items and the ability to contact any bidders on their item after their auction has ended, using anonymous messaging through their Openherd account.
Auction Membership Purchase, Fees, Commissions
Openherd charges a single annual fee or recurring monthly fee to use our auction system. There are no other fees associated with listing items for sale or any commissions charged on sales, except where explicitly stated as part of a separate agreement. All sale transactions are strictly between Seller and Buyer. Although it is the goal of Openherd to facilitate sales for its members, in no way does the purchase of an Openherd auctions membership plan promise or guarantee in any way the sale of an item. Openherd does not offer refunds on partially used auction packages or where a seller was not successful in selling an item.
Use of Openherd Auctions
By using Openherd auctions you acknowledge that we are not a traditional auctioneer. You agree to not hold Openherd responsible or liable for the information, actions or inactions, products and services, that other Openherd members list. Openherd is not involved in the preparation of any sales terms or contracts or in any transactions between Buyers and Sellers. Openherd has no control over and does not guarantee the legal ownership, quality, health, valid and/or required veterinary inspections, or safety of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items, or that a Buyer or Seller will actually complete a transaction. A bid initiates a non-binding transaction representing a buyer's serious expression of interest in buying the Seller's item. Conversely, if you do not place a bid, you acknowledge that you have not expressed a serious interest in buying the Seller's item.
We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement modifies any state or federal governing provisions, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our site, services, or tools, and operation of our site, services, or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our site, services, and tools.
Openherd shall be the sole arbitrator of any disputes regarding auction operations, including, but not limited to, retraction of bids, disputes arising from bidding, a Seller ending an auction early, removal by Openherd of an auction listing, denying an item from being listed, and suspension of an Openherd member's right to bid or sell. In no way do any contract provisions of the Seller or lack thereof relating to the sale of an item have any bearing on how Openherd conducts its auctions, what it considers a "sale", or any other aspect of business on Openherd.
Auction Item Listings
By listing an item in an auction, you as the seller acknowledge that you are solely responsible for providing accurate, truthful, and complete information about the item and clearly stating on the item's detail page the terms of sale, delivery, timeframes, fees, features, discounts, breedings, any included or excluded options, and any other conditions or items related to the sale. Openherd and Alpaca Elite, LLC accept no responsibility for any contract or language included in an item's listing or associated with it in any way. Openherd accepts no liability for errors, omissions, or unfulfilled contractual obligations. It is recommended that all contracts be prepared and reviewed by a licensed attorney.
Selling an Item
Openherd assumes no responsibility and accepts no liability for ownership verification before an item is listed. Sellers are solely responsible for verifying ownership status and securing any necessary legal agreements to sell from all interested parties, including any lien holders on an item, whether or not the item is being sold in part, in whole, or for its services or products.
When a Seller lists an item in Openherd's auctions, they acknowledge that they understand and have reviewed all of their auction listing information, including the item's category, the item itself, starting price, reserve price, Buy It Now! price, auction start and end dates and times, and auction duration, before clicking the "Post Listing!" button. The ending time of the auction listing is determined by the start time you specify. All Openherd auctions are conducted according to U.S. Central Time (CT).
The starting price is the price that the auction item will initially be listed at. If no reserve price is entered, the item may sell for its starting price and the seller will be obligated to sell to the highest bidder. Seller's who list items with no reserve price acknowledge that they are solely responsible for the pricing of their item and any subsequent sale that occurs due to a successful winning bid, regardless if it is not a price that the seller is content with.
The reserve price (optional) is the minimum amount that the seller is willing to sell their item for. The reserve price is not shown to bidders but a "reserve not met" message will be displayed until a bid is received that meets or exceeds the reserve price. If an item does not receive a bid that meets or exceeds the reserve price, the seller is not obligated to sell their item and the high bidder is not obligated to purchase that item. However, if a bid is placed that meets or exceeds the reserve price and it is the highest bid at the time the auction closes, the high bidder is obligated to buy that item. If no reserve price is set, "reserve not met" will NOT be displayed and the first bid will be a winning bid and the high bidder at the time the auction ends (see Ending Auctions Early below) will be obligated to purchase that item.
Buy It Now! Price
Sellers have the option to include a Buy It Now! price. This gives bidders the option to buy an item right away at a known, fixed price and by doing so, end the auction early, making them the winning bidder. Bidders who use the Buy It Now! feature acknowledge that they understand that they are obligated to purchase the item for the Buy It Now! price.
Updating Auction Listings
Seller's may modify their item's pricing at any time prior to receiving a bid. Once a bid has been placed on an item you will no longer be able update the item's pricing. It is the seller's responsibility to verify that their item's pricing is correct before they list the item. If you make a mistake with the timing of your auction, you may end the auction early and re-list the item after the mandatory 24-hour cool-down period.
Ending Auctions Early
A seller may choose to end their auction early at any time, whether bids have been received or not. If you do end your auction early and there is a winning bidder, you are still obligated to sell the item to the winning bidder, except for reasons detailed in Sales Transactions below. Should you discover a listing error, you should end your listing as soon as possible. When you end an auction early, buyers may feel disappointed. If bids have already been received, you are strongly discouraged from ending your auction early. If you regularly end auctions early, your account may be subject to account restrictions or other disciplinary action.
After any item's auction has ended, the item is not allowed to be re-listed for a 24-hour period. This ensures that a newly re-listed item's auction is not confused with the prior listing.
In order to place a bid, you must be a registered member of Openherd.com and have an activated account with complete and up-to-date account information, including email address. As an auction Seller, you are not permitted to bid on your own auction listings. This includes the setting up of additional Openherd accounts for the purpose of bidding on your own auction listings. Openherd reserves the right to suspend or deactivate a Seller's account if they are found to be placing bids on their own listings. Openherd reserves the right to suspend or deactivate a Bidder's account if they fail to complete a purchase transaction without good reason, or if Openherd receives reports of unfulfilled obligations, dishonest dealings, or any other practice that is deemed inappropriate or inconsistent with the spirit or letter of our policies. Such determinations shall be at Openherd's sole discretion and be final. All prices and bids are in U.S. Dollars (USD).
By placing a bid, the bidder acknowledges that they have carefully reviewed the item's details and have asked the seller any questions pertaining to item and the sale prior to bidding, including but not limited to, investigating or determining the accuracy of pedigrees, genetic background and traits, health records, show winnings, ownership, liens, veterinary inspections, medical or veterinary care, boarding fees, transfer fees, transportation/delivery, insurance, deposits, payments, interest, breedings, co-ownership, etc. By clicking the "Accept Bid" or "Accept Purchase" button, bidders acknowledge that they have carefully reviewed and confirmed the item for which they are placing a bid or purchasing, including the item's category. When you place a bid, your internet IP address is recorded and may be used to verify the legitimacy of bids or investigate any matters related to bidding.
If you bid an amount that meets or exceeds the item's reserve price and you are the high bidder at the time the auction ends, you will become the winning bidder. As the winning bidder, you will be obligated to buy the item and the seller will be obligated to sell the item to you. If no reserve price is specified, the seller will be obligated to sell their item to the highest bidder at the time the auction ends. It is the nature of online auctions that bids are often placed in quick succession as the ending time of the auction approaches. Whoever places the last bid before the auction ends, will be the winning bidder, as long as any reserve price is met. Any bid that is placed within the last 2 (two) minutes of an auction listing's closing time, will automatically extend the auction's ending time to 2 (two) minutes. This is known as "sniper protection" and is intended to give other bidders reasonable time to counter-bid should another bidder place a bid very close to the auction's closing time.
Network Latency & Timing of Bids
Due to factors outside of Openherd's control, such as internet connection speeds, network and server technologies, internet routing paths, geographic distances, and end-user computer equipment and software, Openherd can not guarantee exact timing of bid submissions, bids received, and end-user auction status display. Therefore, Openherd assumes no responsibility or accepts no liability for bids that are not placed within reasonable time before an auction ends or for disputes arising over bid status, timing or receiving of bids, or the order of bids received.
Openherd auctions are conducted according to U.S. Central Time (CT).
When you place a bid, you can enter a maximum amount you are willing to pay for the item and let Openherd bid on your behalf up to that amount, should another bidder outbid you. If the Reserve Price has not been met, your maximum bid will automatically raise the current price of the item to your maximum bid amount, or the Reserve Price, whichever is less. Once the Reserve Price has been met, Openherd will bid incrementally on your behalf (proxy bidding), up to the maximum bid amount you entered (not displayed to other bidders). This ensures that you will never pay more than is necessary to keep you the winning bidder. By placing a maximum bid amount that exceeds the minimum bid amount, you acknowledge that Openherd will bid on your behalf up to your maximum bid and that, should you be the winning bidder, you will be obligated to purchase the item.
Openherd recognizes that one of the benefits of online bidding is that bidders' identities and bid amounts are kept confidential. Because of this, Openherd does not display any bidder activity at any time for visitors to see, whether they have an Openherd account or not, or are logged in or not. Sellers may view how many bids they have received on their item during an auction and once the auction has ended, they are able to view bidder activity. Never are bidder identities revealed to the seller, except in the case of a winning bidder.
As a general rule, you can not retract or cancel a bid. Once you place a bid, you agree to pay for the item if you are the winning bidder. However, honest mistakes sometimes occur and in rare cases an account may be compromised and used to place illegitimate bids. If you feel you have a valid reason for retracting a bid, please contact Openherd Support immediately. Multiple bids by the same bidder on the same item indicate to a greater degree that the bidder is aware of what they are bidding on and of their intention to purchase the item, should they be the winning bidder. Openherd reserves the right to decline any bid retraction/cancellation for any reason at its sole discretion.
Once an auction has ended all bids are recorded in the seller's account, including bidder ID, date and time of bids, bid amount, and an anonymous link to send an email message to the bidder. Bidder identities and contact information, including their email address, are not revealed. Only a winning bidder's identity and contact information is displayed to the seller. The "Email Bidder" feature is provided as a courtesy to sellers to allow them to contact bidders who, by virtue of their bid, have indicated an interest in purchasing their item. The bidder's email address is never revealed unless the bidder replies to the seller's initial email. Openherd takes its users' privacy seriously. Openherd requires that as a seller, your contact with bidders be kept respectful and modest. Excessive, harassing, or aggressive contact will not be tolerated. Such behavior may result in the suspension of this feature or, in serious cases, termination of the member's account.
Sellers are obligated to sell their item to the winning bidder unless they have reasonable grounds to believe that the buyer does not have the ability, means, or training necessary to adequately care for the animal, or they do not have the means to pay for the item, that there is evidence the transaction may be an attempt at fraud, or there is evidence that the winning bidder has a history of unfulfilled sales agreements, payment(s), or contractual obligations. If you are the winning bidder of an item, you are obligated to complete the sale in a timely, professional, straightforward manner. All sales are to be conducted in U.S. Dollars (USD), unless mutually agreed upon by Buyer an Seller.
Sellers and Buyers acknowledge that any issues arising out of warranty, transportation, payment, or any other aspect of the transaction, are solely between Buyer and Seller and in no way are the responsibility of Openherd or Alpaca Elite, LLC, or any of its agents, employees, advertisers or other members.
Openherd reserves the right at its sole discretion to restrict, suspend or terminate a member's account immediately without notice if a pattern is determined of unusual or prolific bidding activity, if multiple complaints are received of unfulfilled purchases as detailed in Openherd's auction Terms, or if fraudulent account activity is detected.
Sale Commission Fees on Auction Sales
If an agreement exists between Alpaca Elite, LLC and a third party to provide Openherd.com auction services for which commission fees are to be charged on sales (whether bidding is exclusively online or a combination of online and live event bidding), the exclusive definition of a "sale" is when an Openherd.com auction ends with a winning bidder. No other contract language or terms may amend, add to, or supercede this definition. If an item has a winning bidder, commission fees become due, regardless of whether or not a purchase agreement between the seller and buyer is signed. If the winning bidder does not complete the purchase, defaults on the purchase, or backs out for any reason and within any timeframe, this does not establish grounds for the sales commission fee to be deducted or refunded. The final decision regarding sales commission fees shall be made by Alpaca Elite, LLC at its sole discretion.
Seller and Buyer Privacy
By listing an item for sale in Openherd's auctions or by bidding on an item for sale in Openherd's auctions, Sellers and winning bidders agree to allow Openherd to use their names, business names, business logo, and provide links to their respective websites or web pages in post-auction reporting, advertising, marketing, emails, and other promotional activities. Openherd does not publish the identities of bidders who are not winning bidders.
Warranties and Disputes
Openherd makes no claim or statement as to the quality, health, value, or ownership status of the alpacas listed, nor to the business practices of the Buyers and/or Sellers. Openherd assumes no responsibility or liability for items sold with outstanding liens or other interest or for any ongoing litigation, registration, or other disputes relating to ownership and/or the ability to register or transfer registration. All parties operate at their own risk and agree to indemnify Openherd and Alpaca Elite, LLC, and any of its agents, employees, advertisers and members against any loss, injury, damage of reputation, or expense that may occur as a result of any transaction.
Openherd reserves the right at its sole discretion to remove any item from Openherd's auctions if it deems the item or the content of the item's details to be in any way misleading, untrue, misrepresented, inappropriate, disparaging to any individual or business, or if we believe any animal to be in poor health, mistreated, or in any other way not fit for sale or display on Openherd.com.
Listing brokered animals in Openherd online auctions is allowed as long as the member whose account and farm name the auction is listed under 1. Is the legal sales agent of the animal; 2. Is the individual handling all sales correspondence and negotiations; and 3. Is the individual handling the sales agreement, transaction, transportation, etc. Partial ownership is not considered brokering.
Openherd Herd Health
Openherd Herd Health is a membership feature for recording, storing, and retrieving medical, shearing, breeding, fiber and other herd health related information.
If your account type is Free, after agreeing to the terms at the start of using Herd Health and clicking the "Continue" button, you will start a free 45-day trial period. When your trial period has expired, you will be prompted to upgrade your account in order to continue using Herd Health and it's related functions.
By using the Herd Health feature, you understand and acknowledge that you are solely responsible for the medical or other information that you enter and that all Herd Health data is provided as it was entered, without modification, manipulation, or calculation. You agree not to hold Alpaca Elite, LLC ("Openherd"), any of its agents, employees, advertisers or members, responsible or liable for any losses, injuries, damage of reputation, expenses, or consequential damages arising, directly or indirectly, from the data you enter or retrieve.
Compensation for Losses
While Openherd strives for 100% uptime with its servers, we can not guarantee or warrant against interruptions to service. Openherd does not provide compensation for losses or other claims relating to interruptions of service or lost data. Every effort will be made to avoid downtime and schedule maintenance for off-peak, non-business hours. Members will be notified via postings on the website of any scheduled interruptions to service or account access.
Openherd does not take liability or provide compensation for any losses as the result of any sales transaction facilitated through Openherd.com. All sales transactions and sale contracts are strictly between the Seller and Buyer and no Seller terms, conditions or policies shall supercede, amend, or add to these terms and conditions.
Copyrights & Trademarks
Openherd does everything it can to be aware of, respect and not infringe upon any copyrighted material or business trademark. Articles, photos and other material submitted to Openherd by individuals or members are assumed to have permissions granted by their respective copyright or trademark holders for the intended use. Openherd does not take repsonsibility or assume liability for published material that has been given permission by its copyright or trademark holder or else does not appear to be copyrighted or trademarked. Any copyright or trademark owner who believes that their material has been used without permission should contact Openherd Support immediately in order to resolve the issue.
Presentation and Modification of Content, Terms, and Policies
While Openherd attempts to be as accurate as possible in describing services and Terms & Conditions, we can not guarantee that the information presented on this site is complete and free from error. Any questions, concerns or clarifications should be addressed to Openherd Support in a prompt and timely manner.
Openherd is constantly improving services and tools offered to our members and so modifications are often necessary to our site, its content, organization, tools, and appearance. While we make every attempt to make this a smooth and error-free process, Openherd does not warrant against claims of loss of data, loss of business, or productivity from such modifications.
We reserve the right to modify these Terms & Conditions at any time without notice.
Copyright © 2018 Openherd.com
Rev.13 - 09/20/2016
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