Welcome to The Sale Pen. These Terms of Service (“Terms”) govern your access to and use of the The Sale Pen website, marketplace, and related services (collectively, the “Platform”). By using the Platform, you agree to these Terms. If you do not agree, please do not use the Platform.
1. Platform Role & Marketplace Disclaimer
The Sale Pen is an online marketplace and advertising platform that connects sheep breeders (“Breeders,” “Sellers”) with prospective buyers, including 4-H, FFA, and jackpot show families (“Buyers”).
- We are not a party to any sale. The Sale Pen does not buy, sell, broker, inspect, guarantee, or take title to any animal listed on the Platform. All transactions, negotiations, payment terms, health guarantees, registration paperwork, delivery arrangements, and final sale contracts are solely between the Buyer and the Breeder.
- No warranty or guarantee. The Sale Pen makes no representations or warranties about the health, condition, pedigree, registration, show potential, breeding soundness, or any other attribute of any animal listed. Any such representations are made by the listing Breeder.
- Verify before buying. Buyers are solely responsible for verifying all listing details, inspecting animals or arranging inspection, reviewing health records, and confirming terms directly with the Breeder before completing a purchase.
2. Eligibility & Accounts
- You must be at least 18 years old and legally able to enter into contracts to use the Platform for transactions.
- Breeders must provide accurate farm, contact, and payment information. You are responsible for maintaining the confidentiality of your account credentials.
- The Sale Pen reserves the right to suspend or terminate accounts that provide false information, violate these Terms, or misuse the Platform.
3. Listings & Accuracy
- Breeders are solely responsible for the content of their listings, including photographs, descriptions, pricing, pedigree information, birthdates, weights, sex, breed, and availability.
- By submitting a listing, the Breeder represents that the information is accurate to the best of their knowledge, that they have the right to offer the animal for sale, and that the listing does not infringe any third-party rights.
- The Sale Pen reviews listings for quality and basic compliance but does not independently verify every claim. We may remove or decline listings that violate our guidelines or appear misleading.
- Listings are typically displayed for the plan-specific listing duration. Breeders are responsible for keeping availability status current.
4. Reservations, Payments & Hauling
- Reservations are introductions, not completed sales. When a Buyer reserves a lot or joins a waitlist through the Platform, The Sale Pen shares the Buyer’s contact information with the Breeder so the parties can finalize details directly. A Platform reservation does not create a binding contract of sale unless and until the Breeder and Buyer agree to terms outside the Platform.
- Payments are arranged directly. Unless explicitly stated otherwise, The Sale Pen does not process purchase payments, hold funds, or escrow deposits. Buyers and Breeders arrange payment methods, deposit requirements, and refund policies directly.
- Hauling and delivery. Transportation quotes, scheduling, costs, and liability for animal transport are arranged and borne directly between the Buyer and the Breeder or a third-party hauler. The Sale Pen is not a transport provider or broker.
5. Reservations, Deposits & Non-Refundable Policy
- Reservation and waitlist fees. The first buyer to reserve a lot pays a $100.00 reservation fee, which secures an exclusive 5-day hold. Once a lot is held, additional buyers may pay a $5.00 waitlist fee to secure the next position in the queue.
- All platform fees are strictly non-refundable. Reservation fees ($100.00), waitlist spot holds ($5.00), holding deposits, and buyer spot holds paid or submitted through the Platform are non-refundable once submitted, regardless of whether the underlying sale is completed.
- Agreement at submission. Submitting a reservation, deposit, or waitlist entry constitutes your acknowledgment and agreement that these platform fees will not be returned under any circumstances.
- Sales that fall through. If a sale between a Buyer and Breeder is not completed, any refunds, remedies, or disputes regarding the animal purchase itself are solely between the Buyer and the Breeder. Platform reservation and listing fees are not returned.
- 5-day execution window. Once a Breeder confirms a reservation, the Buyer and Breeder have five (5) days to finalize the sale. If the reservation is still open after five days, it automatically expires.
- Automatic queue advancement. When a hold expires, is released by the Breeder, or is cancelled, the lot automatically passes to the next person in line on that lot's waitlist, who receives a new five-day window. If no one is waiting, the lot returns to the marketplace as available. Expired holds do not entitle the Buyer to a refund of any platform fee.
6. Prohibited Conduct
Users may not:
- List animals they do not own or are not authorized to sell.
- Post false, misleading, fraudulent, or deceptive content.
- Use the Platform for illegal activity, harassment, spam, or abuse.
- Harvest contact information from other users for purposes unrelated to livestock transactions.
- Scrape, crawl, extract, harvest, or index data, listings, images, genetic directory records, show results, or any platform content using automated means (including bots, scrapers, crawlers, or spiders) or manual bulk methods without prior written consent from The Sale Pen. Engaging in unauthorized scraping, data mining, or content aggregation will result in immediate and permanent account termination, IP blocking, and potential legal action.
- Circumvent Platform fees, moderation, or security controls.
7. Content & Intellectual Property
- Breeders retain ownership of their listing content but grant The Sale Pen a license to display, promote, and distribute that content on the Platform and in marketing materials.
- The Sale Pen name, logo, branding, software, and design are the property of The Sale Pen and may not be used without written permission.
8. Lot Reservations, Waitlist Deposits & Breeder Payouts
8.1 Marketplace Reservation and Waitlist Services
The Sale Pen provides digital tooling enabling prospective buyers to hold, reserve, or join waitlists for listed livestock lots (“Lot Reservations” and “Waitlist Spots”).
- Lot Reservations: A non-refundable deposit of $100.00 USD paid by a prospective buyer to reserve an animal lot subject to final breeder confirmation.
- Waitlist Spots: A non-refundable deposit or waitlist entry fee of $5.00 USD to secure a prioritized queuing position for a specific animal lot or upcoming offering.
The Sale Pen is a matchmaking and transaction facilitation platform. Final contracts of sale, physical inspection, animal health verification, animal pickup, transport, and title transfer remain strictly between the buyer and the listing breeder/seller.
Reservation fees and deposits paid through The Sale Pen are credited in full toward the total agreed purchase price of the animal. For example, if a buyer reserves a $500 lamb with a $100 reservation fee, the remaining $400 balance is due to the seller upon pickup or transfer. The Sale Pen disburses 75% of the initial reservation deposit to the seller according to the platform payout schedule.
8.2 Revenue Split & Platform Fees
For every completed Lot Reservation or Waitlist Spot paid via The Sale Pen:
- Breeder Payout (75%): The breeder/seller is entitled to seventy-five percent (75%) of the gross collected amount ($75.00 per $100 Lot Reservation; $3.75 per $5 Waitlist Spot).
- Platform Technology Fee (25%): The Sale Pen retains twenty-five percent (25%) of the gross collected amount ($25.00 per $100 Lot Reservation; $1.25 per $5 Waitlist Spot) as an administrative and technological transaction facilitation fee.
8.3 Payout Disbursement via Stripe Connect
- All automated disbursements to breeders are processed through Stripe Connect. To receive payouts, breeders must complete Stripe Connect account onboarding, provide valid direct deposit/banking information, and maintain an account in good standing.
- Payouts will disburse to the breeder’s connected bank account in accordance with Stripe’s standard rolling payout schedule, subject to any fraud monitoring, dispute holds, or banking verification delays.
- If a breeder has not completed Stripe Connect onboarding at the time a reservation occurs, The Sale Pen will hold the breeder’s net earnings (75%) in escrow for up to ninety (90) calendar days pending completion of Stripe onboarding.
8.4 Cancellation, Forfeiture & Refund Policy
- Buyer Default: If a buyer cancels a confirmed reservation, fails to execute a final purchase agreement with the breeder, or fails to take delivery of the animal within the timeframe established by the breeder, the reservation fee is forfeited.
- Breeder Unavailability / Health Default: If a breeder is unable to supply the reserved animal due to illness, injury, death, or prior unrecorded sale, the breeder must promptly notify The Sale Pen, and no payout will be issued for that transaction. Reservation and waitlist fees remain non-refundable in all cases.
8.5 Disputes, Chargebacks & Offsets
In the event that a buyer files a payment dispute, fraudulent transaction report, or credit card chargeback through their issuing financial institution:
- If the dispute is decided in favor of the buyer, the breeder agrees that The Sale Pen may debit or offset the breeder’s 75% payout portion (or withhold equivalent funds from future payouts) associated with the disputed transaction.
- Breeders are solely responsible for providing any required documentation (such as proof of communication, sales agreements, or veterinary records) needed to challenge a disputed transaction.
8.6 Taxes & 1099 Reporting
Breeders and sellers are independent third parties and are not employees, agents, or partners of The Sale Pen. Breeders are solely responsible for determining, reporting, and paying all applicable local, state, and federal sales, income, or agricultural taxes arising from reservation deposits or livestock sales. Stripe and/or The Sale Pen will issue relevant Form 1099-K tax documents to breeders in compliance with applicable IRS thresholds and regulations.
9. Limitation of Liability
- To the fullest extent permitted by law, The Sale Pen and its affiliates, officers, employees, and agents are not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of the Platform, any listing, any transaction, or any animal purchased or sold through the Platform.
- This includes, without limitation, damages for animal health issues, hereditary defects, misrepresentation by a Breeder, transport injury or delay, payment disputes, or failure to complete a sale.
- The Platform is provided “as is” and “as available” without warranties of any kind, either express or implied.
10. Indemnification
You agree to indemnify and hold harmless The Sale Pen from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of your use of the Platform, your listings, your transactions, or your violation of these Terms.
11. Termination & Changes
- We may update these Terms at any time. Material changes will be posted with an updated “Last Updated” date. Continued use of the Platform after changes constitutes acceptance.
- Either party may terminate use of the Platform at any time. The Sale Pen reserves the right to immediately suspend, ban, or permanently terminate any user account, revoke membership access, and block network access without notice or refund for any violation of these Terms, specifically including unauthorized content scraping or automated harvesting.
12. Communications, Text Messaging (SMS), and Partner Contact
- Express Consent. By creating an account or otherwise using The Sale Pen, you expressly consent to receive communications from us via email, automated system alerts, and SMS/text messages at the phone number you provide.
- Permitted Purposes. These communications may include transactional notices (such as listing approvals, reservation holds, offer updates, and haul broadcasts), customer support messages, product announcements, and promotional offers.
- Partner Outreach. You consent to being contacted directly by phone, SMS, or email by verified platform partners and service providers — including registered livestock haulers coordinating logistics and vetted commercial sponsors — regarding active transactions, service inquiries, or relevant agricultural offerings.
- SMS Disclosures & Opt-Out. Standard message and data rates may apply. Message frequency varies. You may opt out of promotional text messages at any time by replying STOP, or unsubscribe from promotional emails by using the link included in each promotional message. Transactional messages and communications required to service active reservations or haul coordination will continue as necessary.
13. Contact
Questions about these Terms may be directed to:
The Sale Pen
Email: admin@thesalepen.com
By listing an animal, reserving a lot, joining a waitlist, or otherwise using The Sale Pen, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and Marketplace Disclaimer.
