TERMS AND CONDITIONS

FOR

FAITH LIVESTOCK’S WEBSITE

 

 

Welcome to Faith Livestock’s user agreement.   In order to be able to use our website to buy and sell livestock you must read, agree with and accept all of the terms and conditions contained in this user agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you may not buy and sell livestock at this website.

Faith Livestock reserves the right to amend this user agreement from time to time by posting notice of the amended terms for a period of at least 15 days before such amendments become effective.  This agreement may not be otherwise amended except in a writing signed by you or Faith Livestock.  This agreement shall be effective upon acceptance in registration for new registering users and is otherwise effective on _____August 1       , 20__05   __, for all users.

Faith Livestock’s services at this website are available only to, and may be used only by, persons who are able to enter into legally binding contracts.  If you are an individual, you must be at least 18 years of age.  If you are registering as a business, you represent that you have the authority to bind that entity to this agreement.

For its services Faith Livestock charges as set forth below.  (A copy of this schedule of fees and charges is on file with the Grain Inspection, Packers & Stockyards Administration, U.S. Department of Agriculture.)  The schedule of fees and charges may be changed by giving notice as set forth in 9 CFR 201.17.  Unless otherwise noted, all fees and charges are in U.S. Dollars. 

Faith Livestock is subject to the Packers & Stockyards Act of 1921, as amended.  Faith Livestock conducts business as a livestock marketing agency selling on a commission basis.  As such, it is subject to the Packers & Stockyards Act of 1921, as amended, and the regulations promulgated thereunder.  It is also subject to certain livestock marketing laws of the State of South Dakota.

In order to sell livestock on this website you must complete and enter into a Consignment Contract for the Sale of Livestock.  To obtain a copy of a Consignment Contract form or to obtain more information, contact Scott Vance at Faith Livestock Commission Co, Inc., P.O. Box 397, Faith, SD 57626-0397, phone 605-967-2200, fax: 605-967-2203. 

In order to purchase livestock on this website, you must complete the Buyer Registration Form and indicate your acceptance of the terms and conditions of this user agreement by clicking on the icon below.  (Complete Buyer Registration Form now.) 

By bidding on livestock in a particular consignment number, you are making a non-retractable bid on the livestock in that consignment and you are agreeing to be bound by the terms and conditions set forth in that consignment.  Once your bid has been accepted, you are obligated to complete the transaction with the seller in accordance with the terms and conditions of that consignment.

If you are the successful bidder on a consignment of livestock listed on Faith Livestock’s website, you appoint Faith Livestock to sign the Livestock Sale Contract for that consignment of livestock if you are present or available to sign the contract in person.

If a dispute arises as to any bid, Faith Livestock shall determine the dispute and its decision shall be final. 

 By using this website, you agree not to interfere or attempt to interfere with the proper working of the site or any activities conducted on the site.

Without limiting other remedies that may be available to it, Faith Livestock may limit your activity or refuse to provide services to you if (a) you breach this agreement, (b) you breach a Consignment Contract for Sale of Livestock with Faith Livestock, (c) you breach a Livestock Sale Contract resulting from use of this website, or (d) Faith Livestock has reasonable grounds to believe that your actions or omissions may result in the violation of a federal or state law or regulation, or may cause financial loss or legal liability for you, our other users, or us. 

FAITH LIVESTOCK MAKES NO WARRANTIES AS TO THE LIVESTOCK CONSIGNED FOR SALE ON THIS WEBSITE.  ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.  This provision shall be of no force and effect in any state that prohibits the exclusion of implied warranties. 

FAITH LIVESTOCK SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, OR THE SERVICES PROVIDED BY FAITH LIVESTOCK AT THIS WEBSITE, OR THIS AGREEMENT. FAITH LIVESTOCK’S LIABILITY IN ANY CIRCUMSTANCE SHALL BE LIMITED TO THE GREATER OF (a) THE COMMISSION PAID OR (b) THE SUM OF $500.  This provision shall be of no force and effect in any state that prohibits limitation or exclusion of damages.

Faith Livestock does not guarantee continuous, uninterrupted or secure access to its website and operation of the site may be interfered with by numerous factors outside Faith Livestock’s control.  If any provision of this agreement is held to be invalid, that provision shall be stricken and the remaining provision shall be interpreted to the extent possible so as to carry out the intent of the parties.

Seller and Buyer agree to indemnify Faith Livestock and to hold it harmless form any claims, causes of action, cost , or expenses (including reasonable attorney’s fees and court costs) arising out of, or related to, Seller’s or Buyer’s breach of this agreement or the parties breach of any Livestock Sale Contract resulting from use of this website.

This Agreement shall be governed by the laws of the State of South Dakota as if the Agreement had been entered into and was to be performed entirely within South Dakota by South Dakota residents.  Any claim or controversy arising out of or related to this Agreement in which Faith Livestock is named as a party shall be adjudicated by a court of competent jurisdiction in Meade County, South Dakota, and all persons, by using the services of Faith Livestock provided by this website agree to submit to the personal jurisdiction of the courts located in Meade County, South Dakota.  If any provision of this agreement is deemed to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be interpreted in such a way as to carry out the intent of the parties to the greatest extent possible.

Click here to indicate that you have read and understand all of the provisions of this agreement, accept those provisions, and agree to abide by them.

Feel free to contact Scott Vance at 605-484-7127 (cell) or e-mail scott@faithsd.com for any questions that you may have.