Terms of service
The agreement between you and HoofnHorn. It says what a bid commits you to, what sellers promise, the terms every sale carries, and where HoofnHorn’s role begins and ends: we run the venue, and the sale itself is between buyer and seller.
Last updated September 17, 2026. Our privacy notice explains how we handle your information, and the fee schedule lists what we charge.
Part A
General terms for everyone
1. This agreement
1.1These Terms of Service (the "Terms") are a legal agreement between you and HoofnHorn LLC ("HoofnHorn", "we", "us") governing your use of hoofnhorn.com, the HoofnHorn mobile apps, and related services (together, the "Platform").
1.2By creating an account, or by using the Platform, you agree to these Terms. The following documents are part of these Terms and are incorporated by reference: the Privacy Notice, the Fee Schedule, the Bidding Rules, the Seller Listing Standards, the Community and Messaging Rules, and the Welcome Offer Terms. Where a document incorporated here conflicts with these Terms, these Terms control unless that document says otherwise.
1.3Part A applies to everyone. Part B applies when you bid or buy. Part C applies when you list an animal for sale. Part D applies after a sale. You agree to the Parts that apply to what you do on the Platform, and you agree to Part B by registering to bid or placing a bid, and to Part C by submitting a listing.
1.4If you use the Platform on behalf of a farm, ranch, business or other entity, you represent that you are authorized to bind that entity, and you personally guarantee the entity's obligations under these Terms.
2. Who we are, and who we are not
2.1HoofnHorn is an online venue where sellers offer animals for sale by timed auction and buyers bid on them. HoofnHorn is not a party to any sale. The contract for the sale of an animal is between the seller and the buyer only.
2.2HoofnHorn is not a livestock dealer, livestock market, market agency, clerk, sale manager, selling agent, auctioneer, auction house, broker, or agent of any buyer or seller. HoofnHorn does not conduct auctions: sellers conduct their own sales using our software, on the terms the seller sets within the Seller Listing Standards. HoofnHorn does not negotiate, solicit, or arrange the sale of any animal on anyone's behalf.
2.3HoofnHorn has never held title to, taken possession of, inspected, transported, or handled the purchase price of any animal listed on the Platform, and will not. Buyer and seller settle the purchase price between themselves, outside the Platform. HoofnHorn charges only its own fees, as set out in the Fee Schedule.
2.4Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between you and HoofnHorn, or between HoofnHorn and any other user. No user is HoofnHorn's agent, and HoofnHorn is no user's agent.
2.5HoofnHorn does not guarantee the identity, solvency, or conduct of any user; the existence, health, quality, pedigree, registration status, title or legality of any animal; the accuracy of any listing; the ability of a seller to sell or a buyer to pay; or that any buyer or seller will complete a sale.
3. Accounts and eligibility
3.1You must be at least 18 years old and able to form a binding contract under the law that applies to you. You must provide accurate information and keep it current, including the state in which you reside, which determines which listings you may bid on (see 7.3).
3.2One person, one account. You are responsible for everything done through your account and for keeping your credentials secure. Tell us immediately at support@hoofnhorn.com if you believe your account has been compromised.
3.3We may refuse, suspend, restrict, or close any account, and may refuse to approve any person to bid or list, at our discretion, including for conduct described in Section 5 and the records described in Part D.
3.4Verified breeder status is granted at our discretion and requires an identity check carried out by a third-party provider and a review of evidence that you operate a farm, which may be automated. We may refuse or withdraw it. It is not a condition of listing or selling, and it is not a statement by HoofnHorn about any animal, document, or sale.
4. Communication stays on the Platform
4.1All communication between buyers and sellers about a listing or a sale, including arranging payment and pickup after a sale, takes place through the Platform's messaging. You agree not to move a transaction, or the arrangements for one, off the Platform, and not to share or solicit contact details for that purpose before a sale completes.
4.2You understand that messages are automatically screened, including by automated systems, for contact-sharing, personal information, and conduct that breaks these Terms, as described in the Privacy Notice.
5. Conduct and content
5.1You will not: misrepresent any animal, document, or fact; bid on your own listing or arrange for others to bid on it; manipulate bidding; list an animal you do not own or are not authorized to sell; harass other users; interfere with the Platform; scrape it; or use it for anything unlawful.
5.2You grant HoofnHorn a non-exclusive, worldwide, royalty-free license to host, display, reproduce and adapt the content you submit (listing text, photos, videos, documents, messages) for the purpose of operating, promoting, and improving the Platform, including after a listing ends, subject to the Privacy Notice. You represent that you have the rights to the content you submit.
5.3Listings are the statements of the seller who made them. HoofnHorn may review, edit for format, decline, or remove a listing, but does not verify listings and does not adopt them as its own statements.
5.4The Platform may offer tools that help you create or improve content, including drafting a description or evaluating photos. These tools assist; they do not take over. Content you submit with their help is your content under 5.1 to 5.3, you remain responsible for its accuracy, and HoofnHorn does not warrant, and is not responsible or liable for, anything a tool suggests, drafts, or misses. Automated review of listings, photos, and messages is screening against our rules, not verification of any fact.
6. Privacy
6.1Our Privacy Notice explains what we collect and how we use it. HoofnHorn never shares your payment card details with any seller or buyer; card details are held by our payment processor, not by us.
Part B
Buyer and bidding terms
7. Registering to bid
7.1To place a bid you must have a valid credit card on file. Bidding places a hold on your card: your bank sets aside the closing fee that would be due if your bid won, the hold adjusts as your bidding rises, and it is released if you do not win. A hold is not a charge.
7.2By adding a card, and again by placing a bid, you authorize HoofnHorn, through its payment processor, to place those holds and to charge the card for the amounts described in Section 10 when they become due, without further action by you, including while you are not using the Platform. The exact amount is shown with your bid.
7.3Sellers may exclude states they will not sell into. You may not bid on a listing that excludes your state of residence, and the Platform will not accept such a bid.
8. Bids
8.1A bid is binding. When an auction closes, the highest bid that meets the listing's terms (including any reserve) is accepted on the seller's behalf under the standing instruction the seller gave when listing, and a binding contract of sale is formed between the buyer and the seller at the close. HoofnHorn is not a party to that contract.
8.2The amount you enter when bidding is your maximum. We bid on your behalf up to that maximum, using only as much as is needed to keep you as the highest bidder, and we do not bid above it. You confirm the amount before a bid is placed; once placed, bids may not be retracted or canceled. The amount you enter must meet the posted minimum increment; a bid between increments is not accepted. A bid we place automatically on your behalf may be less than one increment above the bid it answers. When a bid equals another bidder's maximum, the maximum that was set first leads. If a higher bid is withdrawn or invalidated, an earlier bid may be reinstated.
8.3Auctions use a soft close: a bid placed in the final two minutes extends the auction by two minutes, with no limit on extensions, so an auction's end time is not fixed. The Bidding Rules describe increments, maximum bids, Buy It Now, and soft close in detail.
8.4A seller may set a reserve. The amount is never disclosed; the listing shows only whether the reserve has been met. If the auction closes below the reserve, there is no sale, and the seller and the highest bidder may exchange offers for a limited period as described in the Bidding Rules.
8.5By bidding you accept the terms of that sale as shown on the listing, including the required terms in Section 9 and any additional terms the seller states within the Seller Listing Standards.
8.6We may refuse to accept any bid, or any person's participation in any auction, at our discretion.
9. Required terms of every sale
Every sale on the Platform includes the following terms between the buyer and the seller. HoofnHorn requires them but is not a party to them.
9.1Payment. The buyer pays the seller the full purchase price directly, by a method the parties agree, outside the Platform. HoofnHorn does not receive, hold, or forward any part of the purchase price.
9.2Pickup within 30 days. The buyer must take possession of the animal within 30 days of the auction close, or within any longer period the seller stated in the listing. The buyer arranges and pays for transport and for any health certificates, permits, or inspections the destination requires.
9.3Risk of loss. Risk of loss, including death, injury, and illness, passes to the buyer when the auction closes. The seller will provide ordinary feed and care, without charge, until the animal is picked up or the pickup period ends, whichever is first. Buyers are advised to insure the animal from the close of the auction.
9.4Papers. The seller will complete any registration transfer the relevant breed registry requires, within that registry's rules.
9.5The sale is conditional on the closing fee. The sale is conditional on the buyer settling HoofnHorn's closing fee within 72 hours of the close (Section 10.2). If it is not settled, the sale is canceled and the seller may relist the animal.
9.6Inspection before handover. The buyer should inspect the animal before taking possession and before confirming pickup (Section 13). All sales are final once the buyer takes possession.
10. HoofnHorn's closing fee
10.1When you win an auction, you owe HoofnHorn the closing fee shown on the listing and in the Fee Schedule. The closing fee is part of your winning bid, not an amount added to it: your total is your winning bid, of which the closing fee is paid to HoofnHorn and the balance is paid to the seller. Where a welcome offer applies to your purchase, the closing fee you pay is reduced as the Welcome Offer Terms describe, and the balance paid to the seller does not change.
10.2The closing fee is charged to your card when the auction closes, using the hold where one is in place. The rate for a listing is fixed when the listing goes live and does not change during the auction. If the charge fails, we will notify you, retry, and give you a link to pay online and to update your card. If the closing fee remains unpaid 72 hours after the close, the sale is canceled (Section 9.5): the animal returns to the seller, and any amount already held is retained and applied toward the fee owed. An unpaid win is recorded on your account. A first unpaid win suspends your account for 30 days; a second suspends it permanently. A 30-day suspension ends on its stated date, and we will tell you when it does.
10.3The closing fee is not refundable, even if you and the seller do not complete the sale, unless HoofnHorn determines otherwise in its sole discretion. You may report a problem with a sale through the Platform within 30 days of the close; we may, but are not obligated to, review it and refund the closing fee in whole or in part. Our decision is final.
10.4You are responsible for any taxes that apply to your purchase.
Part C
Seller terms
11. Listing an animal
11.1By submitting a listing you represent that you own the animal or are authorized by its owner to sell it; that the animal is free of liens and undisclosed encumbrances; that every statement, photo, video, and document in the listing is accurate and current; and that you will sell to the winning bidder on the listing's terms.
11.2Standing instruction. By publishing a listing you instruct the Platform to accept, on your behalf and at the close, the highest bid that meets your listing's terms (including any reserve), and you agree that a binding contract of sale with that bidder is formed at the close.
11.3You may exclude states you will not sell into. You may set a reserve, which requires a valid payment card on file; if a reserve is set, bids are received, and the animal does not sell (including through the offer period), the failed-reserve fee in the Fee Schedule is charged to your card. Until a published listing receives its first bid, you may end it, and you may change it using the editing tools the Platform provides. In this section, a bid includes a maximum bid a buyer has set for automatic bidding under Section 8.2, even if no bid has yet been placed from it. Once a listing has received a bid, and until the sale ends, you may only add photos, add documents, and lower the reserve. You may not raise the reserve or add one, change anything else in the listing, or end the listing yourself. You may ask HoofnHorn to end a listing that has received a bid by giving your reason through the Platform. HoofnHorn may approve or decline the request and will notify you of its decision. Bidding continues while the request is pending. HoofnHorn may also end any listing, including one that has received a bid, as Section 5.3 provides. If a listing is ended before it closes, no contract of sale is formed.
11.4Documents you attach (registration certificates, health papers, test results) are shown to buyers as you supplied them. HoofnHorn does not verify them and makes no statement about them.
11.5You must comply with the Seller Listing Standards, and with all laws that apply to the sale and movement of livestock, including health, brand, and interstate movement requirements.
12. After you sell
12.1You will provide feed and care as described in 9.3, make the animal available for pickup within the pickup period, complete the registration transfer as described in 9.4, and communicate with the buyer through the Platform.
12.2If you fail to complete a sale, HoofnHorn may record that on your account, restrict or close your account, and refund the buyer's closing fee.
12.3Seller fees, if any, are set out in the Fee Schedule and may be charged to your card on file.
Part D
After the sale
13. Records of payment and pickup
13.1After a sale, the Platform lets the seller record that payment was received and lets the buyer and seller confirm pickup, including by a pickup code the buyer provides to the seller at handover. These are records of what you and the other party report. HoofnHorn does not verify payment, delivery, or the condition of any animal, and does not assert that any payment was or was not made.
13.2A sale whose closing fee was not settled is canceled automatically under Section 10.2; this Section concerns the purchase price between you and the seller. If the seller has not recorded payment within seven days of the close, the seller may cancel the sale for non-payment through the Platform. A cancellation for non-payment is recorded on the buyer's account and may lead to restrictions or suspension. A buyer may contest such a record through the Platform.
13.3Records described in this Section are used by HoofnHorn to administer the Platform and its policies. They are not published as ratings of any user.
14. Problems with a sale
14.1If you have a dispute with another user, it is between you and that user. HoofnHorn is under no obligation to become involved, and does not adjudicate whether a buyer or seller has performed a sale contract.
14.2You may report a problem through the Platform. We may use reports to enforce these Terms against accounts, and to make the discretionary decision described in 10.3. We do not resolve claims for the purchase price, for the animal, or for damages between users.
Part E
Legal terms for everyone
15. Disclaimer of warranties
15.1THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, HOOFNHORN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ABOUT ANY ANIMAL, LISTING, DOCUMENT, OR USER, AND ANY OUTPUT OF ANY TOOL THE PLATFORM PROVIDES. ALL WARRANTIES ABOUT AN ANIMAL, INCLUDING TITLE, HEALTH, SOUNDNESS, FERTILITY, PEDIGREE, AND REGISTRATION, ARE BETWEEN THE BUYER AND THE SELLER, AND ONLY THE SELLER CAN GIVE THEM. HOOFNHORN DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT EVERY BID WILL BE RECEIVED OR PROCESSED.
16. Limitation of liability
16.1TO THE FULLEST EXTENT PERMITTED BY LAW, HOOFNHORN AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, ANIMALS, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY. HOOFNHORN'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE FEES YOU PAID HOOFNHORN IN THE TWELVE MONTHS BEFORE THE CLAIM. MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.
17. Release
17.1Because HoofnHorn is not a party to any sale, if you have a dispute with one or more other users, you release HoofnHorn and its officers, members, employees, and agents from all claims, demands, and damages of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with that dispute. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.
18. Indemnification
18.1You will defend, indemnify, and hold harmless HoofnHorn and its officers, members, employees, and agents from any claim, loss, or expense (including reasonable attorneys' fees) arising out of your use of the Platform, your listings, your bids, any sale you enter into, your content, your breach of these Terms, or your violation of any law or the rights of a third party. HoofnHorn may control the defense of any matter subject to this Section, and you will not settle any such matter without our written consent.
19. Dispute resolution with HoofnHorn
19.1Talk to us first. Before starting arbitration or any other proceeding, email legal@hoofnhorn.com with your name, your account email, and a description of the dispute and what you want. We will try to resolve it with you informally for 30 days. Most problems get solved this way.
19.2Binding individual arbitration. Any dispute between you and HoofnHorn arising out of these Terms or the Platform that we cannot resolve informally will be resolved by binding arbitration between you and HoofnHorn on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held in North Carolina or in the county where you live, or by videoconference if you prefer. Judgment on the award may be entered in any court with jurisdiction. This Section does not cover disputes between you and another user, which Section 17 addresses.
19.3Exceptions. Either of us may bring an individual claim in small claims court, and either of us may seek an injunction in court to stop infringement or misuse of intellectual property or unauthorized access to the Platform.
19.4No class actions. You and HoofnHorn may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding, and the arbitrator may not consolidate more than one person's claims. If this paragraph is found unenforceable as to a particular claim, then that claim, and only that claim, must proceed in court rather than in arbitration.
19.5Your right to opt out. You may opt out of this arbitration agreement by emailing legal@hoofnhorn.com within 30 days of first accepting these Terms, stating your name, your account email, and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
19.6Fees. The AAA's Consumer Arbitration Rules govern arbitration fees. For claims under $10,000, HoofnHorn will pay the arbitration fees other than your filing fee, unless the arbitrator finds the claim frivolous.
19.7Governing law. These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 19.
20. Suspension and termination
20.1We may suspend or terminate your access to the Platform, with or without notice, for breach of these Terms, for the records described in Part D, for unpaid fees (including the unpaid-win suspensions described in Section 10.2), or to protect the Platform or its users. You may close your account at any time as described in the Privacy Notice. Sections 2, 9, 10.3, 13 to 18, and 21 to 22 survive termination, as do any fees owed and any sale contract already formed.
21. Changes to these Terms
21.1We may change these Terms. We will post the updated Terms on the Platform and notify you by email or in the app at least 30 days before material changes take effect. Your continued use after the effective date means you accept the changes. For material changes we may also require you to accept the updated Terms before you can continue to bid or list. If you do not agree, stop using the Platform and close your account before the effective date; sales already formed remain governed by the Terms in effect when they were formed. The Fee Schedule may change on 14 days' posted notice, and without notice where a fee is reduced.
22. General
22.1Notices to you are given by email to the address on your account, or in the app, and are deemed received 24 hours after sending unless we are notified the address is invalid. Notices to HoofnHorn go to legal@hoofnhorn.com.
22.2You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
22.3If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. These Terms, with the documents incorporated in 1.2, are the entire agreement between you and HoofnHorn about the Platform.
22.4Questions: support@hoofnhorn.com.
Questions about these Terms go to support@hoofnhorn.com. Formal legal notices go to legal@hoofnhorn.com.