HerdStat LLC Terms of Use
These Terms of Use ("Terms") are a legal agreement between you and HerdStat LLC ("HerdStat," "we," "us") governing your use of herdstat.com and the HerdStat software, tools, embeds, and related services (the "Service"). By using the Service you agree to these Terms. If you do not agree, do not use the Service.
Text Messaging (SMS/MMS) Program Terms
Program name: Sale barn text alerts, sent through HerdStat.
Program description. Sale barns may use the Service to send text messages (such as sale announcements, consignment deadlines, sale sheet links, and market updates) to their own buyers, sellers, and contacts from a dedicated number assigned to that sale barn.
- How you join: by checking an unchecked box labeled for text messages on a sale barn's consignment form or sale-alert sign-up form. See how consent is collected.
- Message frequency varies. Message and data rates may apply.
- Cancel: reply STOP at any time. You will receive one confirmation and no further marketing texts unless you opt in again.
- Help: reply HELP or email support@herdstat.com.
- Consent to receive text messages is not a condition of any purchase, sale, or consignment.
- Carriers are not liable for delayed or undelivered messages.
- Privacy: see our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
SMS Terms for Sale Barns and Senders
Sections 11.16 through 11.22 apply to any user who sends, schedules, or directs text messages through the Service, and to any person who receives them.
11.17. Sender of record. The sale barn, and not HerdStat, is the sender of record and the party responsible for every text message it sends. HerdStat provides tools and a dedicated number only as a conduit and does not review, approve, or control message content, recipients, or consent.
11.18. Prior express written consent. Before sending any marketing text to a person, the sender must hold that person's prior express written consent for text messages from the sender, obtained in compliance with the Telephone Consumer Protection Act, the CTIA Messaging Principles and Best Practices, and applicable state law, and must be able to prove it on request. Consent must be specific to text messaging, must clearly identify the sender, and may not be bought, rented, shared, or inferred from an email opt-in, a business relationship, or an uploaded list. Phone numbers imported without documented text consent may not be texted.
11.19. Opt-out and help. Senders must honor STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT requests immediately and must never text a number that has opted out unless that person opts in again. The Service records opt-outs automatically and blocks further marketing texts to those numbers; senders may not circumvent that block.
11.20. Prohibited content. Senders may not send messages that are unlawful, deceptive, harassing, or threatening, or that involve phishing, fraud, or illegal goods or services. Senders may not use the Service to send content related to cannabis, hemp-derived products, firearms, gambling, sweepstakes, adult content, high-risk financial offers, or debt collection, and may not use URL shorteners other than those provided by the Service. Messages must identify the sale barn that is sending them.
11.21. Registration and carrier review. Texting from a dedicated number requires carrier verification of the sale barn's business. The sender authorizes HerdStat to submit the business information on file (legal name, address, contact, website, and tax or registration number) to its messaging providers and carriers for that purpose, and represents that the information is accurate. Verification is decided by carriers; HerdStat does not guarantee approval, timing, or continued delivery, and carriers may suspend or block numbers at any time.
11.22. Suspension and records. HerdStat may suspend or terminate texting immediately if it receives complaints or carrier or provider notices, or has reason to believe a sender is violating these terms. HerdStat may retain and disclose consent records, opt-out records, and message logs to carriers, providers, regulators, and complainants.
General Terms
The Service. HerdStat provides software, marketing, communication, and data-management tools for the livestock industry. HerdStat is not a buyer, seller, broker, auctioneer, or party to any transaction between users, and does not guarantee any sale, price, or outcome.
Accounts. You must provide accurate information and keep your login credentials secure. You are responsible for activity under your account.
Your content. You must have the right to submit anything you upload, and it must be truthful to the best of your knowledge. Some content you submit may be displayed publicly through sale pages, embeds, and shared links.
Acceptable use. You may not use the Service unlawfully, interfere with its operation, or send communications without the consent the law requires.
Disclaimers and limits. The Service is provided "as is" to the fullest extent permitted by law. HerdStat's liability is limited as set out in the full Terms.
Governing law. These Terms are governed by the laws of the State of Oklahoma.
The complete Terms of Use, with all sections, are available at herdstat.com/TermsOfUse.
Contact
HerdStat LLC
Email: support@herdstat.com