Openherd Terms & Conditions

For information about privacy and the use of personal information, please refer to our Privacy Policy.

By using the Openherd.com ("Openherd") web site, you agree to and accept the terms and conditions below:

Openherd.com Website Use

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 search results, text, images, design, color scheme, logo, site grahics, site code, or any other content can be reused, displayed, sold, used to create derivative work or products, or be distributed, either by human or automated means, for commercial purposes.

All content as it is assembled and presented on Openherd.com is the property of 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 need to obtain specific permission in writing 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 business products, 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 and their statements and policies for themselves before deciding to conduct business with them.

Member Accounts

Openherd User Accounts are intended for individuals to have the ability to post to the Openherd Forum and Event Schedule. Please refer to the "Openherd Forum" section for terms and conditions related to account usage as it relates to the Openherd Forum. Openherd reserves the right to edit, remove, or delete any content at its sole discretion and revoke a User's privileges or account.

Openherd Breeder Accounts are intended for individual farms to promote their farm and breeding program, list animals for sale, and provide other information directly related to their breeding program. Openherd Breeder Accounts are not to be used for promoting an organization, business other than an alpaca farm, auction, sale, or any other operation or commercial enterprise that is not deemed by Openherd at its sole discretion to be consistent with the intent of the Openherd Breeder Account type. Openherd reserves the right to suspend or delete accounts that are not in compliance with this policy 5 business days after email notification is given to the account holder.

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 Users or 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 Users or 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 User's or Member's privileges or account.

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 remembers and stores login information.

Personalized URLs

Openherd.com provides each of its Breeder 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 farm's 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 and assign it to the complainant's farm, 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.

Shopping Cart

Items in the Openherd Shopping Cart always reflect the most recent price displayed on their product pages. Items will remain in the Shopping Cart for 90 days after which they will automatically be removed. 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. After ads have been successfully purchased, they can be managed through the My Ads page under My Account.

Currencies

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.

Advertisers

Openherd advertisers are solely responsible for the advertising 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 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 every 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 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 on the Manage Ad page.

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. 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.

Import Records

Peruvian Import Records are provided by Stachowski Alpacas, LLC. This information is provided soley 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.

Openherd Forum

Users of the Openherd forum take sole responsibility for the content they post, the accuracy of their information and 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 Auctions

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 to use our auctions system. There are no other fees associated with listing items for sale nor are any commissions charged on sales. 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 package 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 will not hold Openherd responsible for other users' content, actions, or inactions, and items they list. Openherd is not involved in the preparation of any sales terms 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 or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item.

Auctions Sales

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, disputes arising from bidding, removing of items from auctions, 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 relating to the sale of an item have any bearing on how Openherd conducts its auctions 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 an auction will be the same as the start time you specify. All Openherd auctions are conducted according to U.S. Central Standard Time (CST).

Starting Price

The starting price is the price that the auction item will initially be listed at. If not 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.

Reserve Price

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. However, if a bid is placed that meets or exceeds the reserve price and it is the highest bid, the bidder is obligated to buy 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 will have to end the auction early and re-list the item after a 24-hour cool-down period.

"Cool-down" Period

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 its prior listing and confuses bidders.

Bidding

In order to place a bid, you must be a registered member of Openherd.com and have a valid account with complete and up-to-date account information, including email address. Openherd reserves the right to suspend or delete a bidder's account if they fail to complete a purchase transaction without good reason, or 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 the sale prior to bidding. Bidders are encouraged to independently verify all details pertaining to the sale item prior to bidding. 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, in particular the item's category. When you place a bid, your internet IP address is recorded for verification purposes.

If you bid an amount that meets or exceeds the item's reserve price, the seller will be obligated to sell this item to the winning bidder and you will be obligated to buy the item. 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. Openherd assumes no responsibility or accepts no liability for bids that are not placed in time before the auction ends or for disputes arising over the timing or receiving of bid submissions.

Openherd auctions are conducted according to U.S. Central Standard Time (CST).

Proxy Bidding

When you place a bid, you can enter a maximum amount you are willing to pay for the item. If the Reserve Price has not been met, the bid amount you enter will automatically raise the current price of the item to your 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 amount you entered. Any amount you have bid over the Reserve Price will be proxy bid so that you will never pay more than is necessary to keep you the winning bidder. If you bid an amount over the Reserve Price, your maximum bid will not be displayed for anyone else to see and is kept a secret. By placing a proxy bid, 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.

Bidder Activity

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 when there is a winning bidder.

Bid Retraction/Cancellation

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're the winning bidder. However, honest mistakes sometimes occur. If you feel you have a valid reason for retracting a bid, please contact support@openherd.com. Openherd reserves the right to decline any bid retraction/cancellation for any reason at its sole discretion.

Bidder Contact

Once an auction has ended, all bids are recorded along with bidder ID, date and time of auction, 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 courtesty to sellers to allow them to contact bidders who, by virtue of their bid, have indicated an interest in their item. The bidder's email address is never revealed unless they reply to the seller's initial email. Openherd takes its users' privacy seriously. Openherd requires that 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.

Sales Transactions

Sellers are obligated to sell their item to the winning bidder unless they are able to demonstrate that the buyer does not have the ability, means, or training necessary to adequately care for the animal or that they do not have the means to pay for the item. 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.

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.

Brokering

Only those members who have a current Broker auctions package may list brokered animals in Openherd auctions. Brokered animals are where the seller has no legal ownership rights of the item and are selling the items on behalf of another owner(s). Partial ownership is not considered brokering. Openherd reserves the right to suspend a member's ability to list auctions and to end any currently running auctions early, if they are caught listing brokered items without a valid and current Broker package. Openherd will reinstate a member's ability to list auctions once full payment has been made for the upgrade to the Broker package, effective to the time their current package was purcahsed. Subsequent violation may result in termination of the member's privilege to use Openherd auctions or suspension of their Openherd account.

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 publishing material that to our knowledge and in good faith has been given permission by its copright 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 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 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, loss of business, or productivity from such modifications.

Openherd reserves the right to modify our policies and Terms & Conditions at any time without notice.

Alpaca Elite, LLC (DBA Openherd.com)
225 Dutch Hollow Road, Kittanning, PA 16201
(724) 954-3044

Rev.02 05/06/2010

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