Terms of Use

Acceptance of Terms

By downloading, accessing, or using the Overland Stockyard App ("the App"), you agree to be bound by these Terms of Use and our Privacy Policy. These Terms constitute a legally binding agreement between you and Overland Stockyard. If you do not agree, do not use the App.

Eligibility / Age Requirements

You must be at least 18 years old to use this App. By using this App, you represent that you meet this requirement.

Services and Third-Party Links

The App is an informational resource providing auction schedules, market reports, and livestock lot previews.

• Third-Party Bidding: The App provides links to overland.auctionmarts.com for live bidding and account registration.
• External Terms: The App does not control AuctionMarts. Your use of that platform is governed by its own Terms of Service and Privacy Policy. Any financial transactions or bidding disputes must be resolved through AuctionMarts directly. Overland Stockyard is not responsible for any transactions, disputes, or losses occurring on third-party platforms.

SMS and Push Notifications (TCPA Disclosure)

By providing your phone number and opting into notifications, you provide your express written consent to receive:

• Push Notifications: Real-time alerts regarding auction starts and market updates.
• SMS/Text Messages: Automated marketing and informational messages sent to your mobile number.

SMS Terms & Conditions:

• Consent: Providing your phone number is not a condition of purchase.
• Opt Out: You may opt out of receiving notifications and SMS/Text Messages from the App at any time by turning off notifications from the App in your phone settings. You can cancel the SMS service at any time. Just text STOP to our phone number. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text START, and we will start sending SMS messages to you again.
• Fees: Message and data rates may apply based on your carrier plan. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
• Help If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at Julie@OverlandStockyard.com.
• Interruption: Carriers are not liable for delayed or undelivered messages..

California Privacy Rights (CCPA/CPRA)

Because we operate in California and collect personal identifiers (Email, Phone Number, and Address), you have the following rights:

• Right to Know: You may request a disclosure of the personal data we have collected.
• Right to Delete: You have the right to request that we delete your personal information from our records.

Data Security

While we implement reasonable safeguards to protect your information, no system is completely secure. Users are responsible for maintaining the security of their device. The App does not utilize a password-protected login. Consequently, the security of the information stored within the App on your mobile device is dependent on your device's security features (e.g., FaceID, Passcode). You are responsible for preventing unauthorized access to your device.

Disclaimer of Warranties

• Market Data: Market reports are provided for informational purposes and are not financial advice. We do not guarantee the accuracy, completeness and/or timeliness of any information provided.
• Livestock Descriptions: All lot previews are "as-is" and offered on an "as available" basis. All announcements from the auction block shall take precedence over the printed and/or posted material.
• Cattle Documentation: Health Papers and Brand Inspection are the sole responsibility of and will be furnished by the seller.
• Warranties: Overland Stockyard makes no warranty or representation of any kind, express or implied, regarding the cattle posted on its App.
• Cattle Genetics, Type, and/or Kind: Overland specifically makes no warranties regarding the genetic makeup of the cattle. In the event an App user reasonably determines the cattle are not of the type represented, user's sole remedy shall be against the third-party seller.
• Delivery: We do not guarantee the delivery of time-sensitive notifications. Do not rely solely on the App for live auction participation.

User Conduct

You agree not to:

• Use the app for unlawful purposes
• Interfere with the app functionality
• Attempt to access systems or data without authorization
• Misuse or manipulate auction-related information

We reserve the right to suspend or terminate your access to the App at any time, without notice, for any violation of these Terms or for operational reasons.

Limitation of Liability

To the maximum extent permitted by California law, Overland Stockyard shall not be liable for any financial losses, loss of livestock, or missed bidding opportunities and/or damages resulting from App downtime, notification delays, or inaccuracies in market data, including but not limited to direct, incidental, consequential, and/or punitive damages.

Indemnification

You agree to indemnify and/or hold harmless Overland Stockyard, its affiliates, employees, representatives, officers and owners from any claims, damages, and/or losses arising from your use of the App or violation of these Terms.

Changes to Terms

We may update these Terms at any time. Continued use of the App after changes are posted constitutes acceptance of the updated/revised Terms.

Force Majeure

To the maximum extent permitted by law, Overland Stockyard shall not be liable for any failure or delay in performance of its obligations under these Terms of Use if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, power outages, internet disruptions, system failures, or cyber incidents. Overland Stockyard will use commercially reasonable efforts to resume performance as soon as practicable.

Governing Law

These Terms are governed by the laws of the State of California. Any legal proceedings arising from these Terms shall be conducted in the courts of the county where Overland Stockyard maintains its principal place of business.

Contact Information

For questions regarding these Terms or to manage your data, contact: