Terms of Service
Please read these terms carefully before using HerdMart.
Last Updated: November 12, 2025
Effective Date: November 12, 2025
These Terms of Service ("Terms") govern your access to and use of HerdMart ("we," "our," "us," or the "Service"), an online marketplace platform. By accessing or using HerdMart, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Acceptance of Terms
By creating an account, accessing, or using HerdMart in any manner, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must immediately cease using the Service. We reserve the right to modify these Terms at any time, and your continued use constitutes acceptance of any changes.
2. Description of Service
HerdMart provides an online marketplace platform that enables users to:
- Buy and sell goats and goat-related livestock
- Advertise goat-related services (breeding, transport, veterinary, etc.)
- Post and discover goat-related events (shows, auctions, fairs, clinics)
- Connect with other users through listing contact information
- Process payments for listing fees
HerdMart serves solely as a platform connecting buyers and sellers. We do not own, sell, resell, manage, or control any listings. We are not a party to any transactions between users.
3. Eligibility and User Accounts
3.1 Eligibility
To use HerdMart, you must:
- Be at least 18 years old or the age of legal majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under U.S. law
- Comply with all applicable local, state, and federal laws
3.2 Account Registration
When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your login credentials secure and confidential
- Accept full responsibility for all activities under your account
- Notify us immediately of any unauthorized account access
- Not create multiple accounts or use another person's account
4. Listing Guidelines and Standards
4.1 General Requirements
All listings must:
- Contain accurate, truthful, and complete information
- Include clear, authentic photos of the actual animals or services
- Provide honest descriptions without misleading claims
- Include accurate health status, registration, and genetic information
- Specify pricing clearly without hidden fees or misleading terms
- Comply with all applicable animal welfare and commerce laws
4.2 Prohibited Content
Listings must not contain or promote:
- Stolen, illegal, or prohibited animals or products
- Animals obtained through illegal means
- False, deceptive, or misleading information
- Violations of intellectual property rights
- Spam, duplicate listings, or keyword stuffing
- Content that violates third-party rights
- Harmful, offensive, or inappropriate material
5. Payment Terms and Fees
5.1 Listing Fees
HerdMart charges fees for posting listings as follows:
- Goat Listings: $2.99 per listing (one-time fee)
- Service Listings: $4.99 per listing (one-time fee)
- Event Listings: $2.99 per listing (one-time fee)
All fees must be paid before your listing is published. Fees are non-refundable except as expressly stated in our Refund Policy.
5.2 Payment Processing
All payments are processed securely through Stripe, a third-party payment processor. By making a payment, you agree to Stripe's terms of service. HerdMart does not store your payment card information. You authorize us to charge your selected payment method for all fees incurred.
5.3 Price Changes
We reserve the right to modify our fees at any time. Changes will be effective upon posting to the website. Your continued use of the Service after fee changes constitutes acceptance of the new fees.
6. User Conduct and Prohibited Activities
Users are strictly prohibited from:
- Posting false, fraudulent, or misleading content
- Engaging in fraudulent transactions or payment schemes
- Harassing, threatening, or abusing other users
- Violating any local, state, federal, or international laws
- Attempting to circumvent payment systems or fees
- Using automated tools, bots, or scrapers to access the Service
- Interfering with or disrupting the Service or servers
- Infringing on intellectual property rights of others
- Impersonating any person or entity
- Collecting user information without consent
- Transmitting viruses, malware, or harmful code
- Attempting unauthorized access to any part of the Service
7. Platform Role and Disclaimers
7.1 Marketplace Platform Only
HerdMart is a marketplace platform that connects buyers and sellers. We do not participate in transactions between users. We do not own, sell, or control any listings. We are not responsible for the quality, safety, legality, accuracy, or availability of any listings, animals, or services. All transactions are solely between buyers and sellers.
7.2 No Endorsement
We do not endorse, guarantee, or verify any users, listings, or content on the platform. The presence of a listing does not constitute our approval or recommendation. Users must conduct their own due diligence before any transaction.
7.3 Animal Welfare
Users are solely responsible for ensuring compliance with all animal welfare laws, health regulations, and ethical standards. HerdMart does not verify animal health, breeding history, registration status, or living conditions. Buyers must independently verify all animal-related claims.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
- THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- WE ARE NOT LIABLE FOR ANY LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER
- WE ARE NOT LIABLE FOR USER CONDUCT, TRANSACTIONS BETWEEN USERS, OR THIRD-PARTY ACTIONS
- WE DO NOT GUARANTEE UNINTERRUPTED, SECURE, OR ERROR-FREE SERVICE
9. Indemnification
You agree to indemnify, defend, and hold harmless HerdMart, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising from or related to: (a) your use of the Service; (b) your listings or transactions; (c) your violation of these Terms; (d) your violation of any laws or regulations; (e) your violation of third-party rights; or (f) any content you post on the platform. This indemnification obligation survives termination of these Terms.
10. Intellectual Property Rights
10.1 Platform Ownership
HerdMart and its content (excluding user-generated content) are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of our platform without express written permission.
10.2 User Content License
By posting content (listings, photos, descriptions), you grant HerdMart a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform your content in connection with operating the Service. You retain ownership of your content and may remove it at any time.
11. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy, which is incorporated into these Terms by reference.
12. Dispute Resolution Between Users
HerdMart is not responsible for resolving disputes between users. Users must resolve disputes directly with each other. We recommend documenting all communications and transactions. In cases of suspected fraud or illegal activity, contact local law enforcement.
13. Account Termination and Suspension
13.1 Our Rights
We reserve the right to suspend or terminate your account, remove listings, and refuse service at our sole discretion, without prior notice, for any reason, including:
- Violation of these Terms
- Fraudulent, illegal, or harmful conduct
- Multiple user complaints
- Non-payment of fees
- Abusive behavior toward other users or staff
- Use of the Service in a manner that harms our business interests
13.2 Effect of Termination
Upon termination, your right to use the Service ceases immediately. You remain liable for all fees and obligations incurred prior to termination. We may delete your account and content, though some information may be retained as required by law or for legitimate business purposes.
13.3 Voluntary Account Deletion
You may delete your account at any time through your account settings. Deletion is permanent and cannot be undone. No refunds will be issued for unused listing credits upon voluntary account deletion.
14. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of California and the federal laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You consent to personal jurisdiction and venue in these courts.
15. Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Los Angeles, California. You waive your right to participate in class action lawsuits or class-wide arbitration.
Exception: Either party may seek injunctive relief or other equitable remedies in court for intellectual property infringement or unauthorized access to the Service.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on this page with an updated "Last Updated" date. Material changes will be communicated via email or prominent notice on the platform. Your continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree with the changes, you must cease using the Service and delete your account.
17. Severability and Waiver
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to reflect the parties' intent as closely as possible. Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it in the future.
18. Entire Agreement
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and HerdMart regarding your use of the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
19. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
20. Contact Information
For questions, concerns, or legal inquiries regarding these Terms of Service, please contact us:
HerdMart
Email: support@herdmart.com
Location: Los Angeles, California
IMPORTANT LEGAL NOTICE:
BY USING HERDMART, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE. THESE TERMS CONTAIN IMPORTANT LIMITATIONS ON LIABILITY, AN ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER. PLEASE READ CAREFULLY.