Business Account Terms

Last updated: September 4, 2026

These Business Account Terms (the "Business Terms") are additional terms that apply when you use the Home Gym Marketplace Services on behalf of a business. They supplement, and form part of, our Terms of Service (the "Terms"). Capitalized words not defined here have the meaning given to them in the Terms.

1. Who These Terms Apply To

These Business Terms apply to you if you:

• Are named as an owner, member, or authorized representative of a business on the Services;
• Operate, edit, or are listed on a business storefront;
• Are listed as a Vendor at an in-person event, whether or not you have claimed the booth; or
• Hold, or are billed for, any paid business feature we offer.

"You" and "your" in these Business Terms mean both the business and the individual accepting on its behalf. If you accept these Business Terms on behalf of a business, you represent that you are authorized to bind it, and you and it are jointly responsible for compliance.

Where these Business Terms and the Terms differ on a point that concerns a business account, these Business Terms control. On every other point, the Terms apply unchanged — including Section 3 (our role), Section 15 (disclaimers), Section 16 (limitation of liability), and Section 20 (dispute resolution and arbitration).

2. Your Business Is the Seller

For every sale you arrange using the Services, you are the seller of record and the merchant of record. You represent, warrant, and agree that you are solely responsible for:

• The item — its title, ownership, condition, legality, authenticity, safety, and fitness for any purpose;
• The accuracy of every listing, price, photograph, specification, availability claim, and lead time you publish or give us to publish;
• Every obligation you owe a buyer, including any quote, hold, warranty, return, refund, exchange, repair, delivery commitment, or other remedy;
• Collecting the money, in a manner you and the buyer agree, outside the Services;
• Compliance with every law that applies to your sales — including consumer-protection, advertising, product-safety, recall, labeling, and licensing law; and
• Every registration, permit, license, and bond your activity requires.

You will not state or imply — in a listing, storefront, message, advertisement, invoice, receipt, or anywhere else — that Home Gym Marketplace is a party to your sale, that we guarantee, insure, escrow, inspect, authenticate, or stand behind any item or any transaction, that we hold or will release funds, or that a buyer should send payment to us or on our behalf.

3. What We Do Not Do for Your Business

You acknowledge that the Services provide no feature capable of doing any of the following, and that we do not do them:

• Take, accept, transmit, confirm, fill, or process an order for any of your items;
• Collect, receive, hold, escrow, route, disburse, or remit any payment from your buyers or to you, or accept or store any payment instrument;
• Set, control, approve, or influence your prices, your discounts, or the terms on which you sell;
• Take title to, own, buy, resell, consign, inspect, test, authenticate, appraise, store, possess, pack, ship, or deliver any of your items;
• Provide customer service, technical support, warranty service, returns handling, or dispute resolution for your goods or your buyers;
• Calculate, add, collect, withhold, report, or remit any tax on a sale you make; or
• Screen, verify, vouch for, or guarantee any buyer who contacts you.

We are not your agent, broker, dealer, reseller, distributor, consignee, auctioneer, fiduciary, escrow agent, payment processor, shipper, employer, partner, or joint venturer, and we do not act on your behalf or on any buyer's behalf.

4. We Are Not Engaged to Facilitate Your Sales

These Business Terms are an agreement about your access to and use of our software, and about how you may represent yourself on it. They are not an agreement by which Home Gym Marketplace is engaged, retained, appointed, or compensated to market, promote, offer, solicit, sell, fulfill, or otherwise bring about the sale of your goods, and we undertake no obligation to you with respect to any item, any buyer, or any sale.

We do not solicit buyers on your behalf and do not act for you in dealing with a buyer. What we do is advertise items you ask us to advertise, and put an interested buyer in touch with you. Once we have done that, we take no further part in the sale. Your decision to list, to price, to respond, to negotiate, to meet, and to complete or abandon a sale is yours alone, and you are free to sell the same item anywhere else, at any price, at any time.

5. Fees for Business Features

Some business features are free and some are paid. Any fee we charge you is for access to software, advertising, promotional, or visibility services that we provide to you. It is billed to you directly by us and is separate from every transaction between you and a buyer.

A fee is owed whether or not you ever list an item, receive an offer, or complete a sale. It is not a commission, is not calculated by reference to your sales volume, sale prices, or units sold, and is not contingent on any transaction. We do not deduct anything from what a buyer pays you, we never take a cut of money you and a buyer exchange, and we will not accept any amount measured by or contingent upon a sale you make.

What a paid feature does not buy. Support included with any paid feature covers our software and your use of it. It does not cover your items, your buyers, your negotiations, your pickups, or any dispute, return, refund, or claim arising from a sale — those remain entirely yours, and we have no ability to handle them for you. A storefront presents your business's own name, brand, and contact details. Your listings and your sales are yours, not ours, and nothing about the appearance of a storefront, a badge, or a placement makes any sale a sale by Home Gym Marketplace, brings us into it, or makes us responsible for it.

Unless we say otherwise in writing at the time, fees are payable in advance, are non-refundable, and do not pro-rate on cancellation, downgrade, or removal of a listing under Section 12. We may change fees prospectively on notice to you; a change takes effect at your next renewal, and your remedy if you do not accept it is to cancel before then.

6. Your Storefront, Brand, and Content

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute your business name, logo, marks, photographs, product information, and other content you supply, for the purpose of operating, displaying, and promoting your presence on the Services. You represent that you have the right to grant this and that our display of your content infringes nobody's rights.

You are responsible for the accuracy of everything on your storefront, including hours, locations, service areas, and contact details. If you advertise a discount, a sale price, or a comparison to a list, original, or manufacturer's price, that reference price must be one at which the item was genuinely offered, and you are responsible for the claim.

You may say that your business is on Home Gym Marketplace. You may not use our name, logo, or marks in a way that suggests we endorse, sponsor, verify, guarantee, or supply your goods, that we are a party to your sales, or that your business is operated by or affiliated with us. Any badge, label, or status we display about your business describes something we have checked about the account, and is never a representation about your goods, your solvency, or the outcome of any transaction.

We may remove, hide, or decline to display any storefront or content at any time under Section 12.

7. Members and Authority

A business account may have more than one member. The business is responsible for every action taken under it, including by a member whose access it failed to remove. You agree to keep your member list current, to remove a member promptly when they leave the business or change roles, and to ensure every member complies with these Business Terms.

Where a feature notifies or is delivered to a single address — for example a business's contact email — you are responsible for monitoring it. We may rely on any instruction that appears to come from a member of your business.

8. Buyer Information You Receive

Through the Services you may receive information about a buyer, including their name, their message, a booth PIN, and — where that is enabled for your booth or storefront — their email address. That information is provided to you for one purpose: responding to that buyer about that inquiry, and coordinating the exchange.

You agree that you will:

• Use buyer information only for the inquiry it came with, and keep it confidential;
• Not sell, rent, license, or otherwise disclose it to any third party;
• Not add a buyer to a marketing list, newsletter, or automated campaign without that buyer's own consent, and honor any opt-out or deletion request they make to you directly;
• Comply with every law that applies to your use of it, including marketing, email, texting, and privacy law; and
• Keep it secure, and tell us promptly at admin@homegymmarketplace.com if it is exposed.

Once information has been shared with you, your use of it is governed by your own privacy practices, not by our Privacy Policy. A buyer's request to stop contacting them, or to delete what you hold, must be handled by you. A booth PIN is an identity check only — it is not a password and is not connected to any payment method.

9. In-Person Events and Booths

If you are listed as a Vendor at an event, you are an independent exhibitor and the seller of record for everything you sell there.

We do not run the event. We do not own, operate, organize, produce, promote, sponsor, or host any event listed on the Services. We do not own, lease, sublease, allocate, assign, or sell booth or exhibition space, do not control admission or attendance, and receive no part of what you pay to exhibit or of what you are paid at your booth. Each event is run by its own organizer, who is a separate company and not affiliated with us. Your agreement with that organizer — including your booth contract, your fees, your insurance, and every rule the venue or organizer imposes — is entirely between you and them, and we are not a party to it and have no responsibility under it.

Our role is limited to publishing a catalog of items you tell us you expect to have available, and passing along messages from interested buyers. A published catalog item is an advertisement, not an order, a reservation, or a commitment by anyone. You are responsible for honoring what your catalog says, for keeping availability and pricing current, and for telling us promptly when something is no longer accurate.

10. What You May List

Everything in Sections 7.A, 7.B, and 7.C of the Terms applies to your business in full — the permitted scope, the prohibited items, and the removal and enforcement rules. In addition, you represent and warrant that:

• You own each item you list, or are authorized by its owner to sell it, and you are authorized to sell any branded goods you list under that brand;
• No item you list is counterfeit, a replica sold as genuine, or marked with a brand that did not make it, and no serial number or identification plate has been removed or altered;
• No item you list is subject to an open recall, stop-sale, stop-use, or safety notice, and no required safety guard, label, or component has been removed; and
• Every condition, provenance, warranty, and "new," "used," "floor model," or "open box" claim you make is accurate.

You will tell us promptly if any of these stops being true for an item you have listed.

11. Local Pickup Only; Your Own Store

Items you list through the Services are local pickup only, on the same terms as Section 5.G of the Terms. You may not offer, advertise, accept, or arrange shipping, freight, courier, mail, or delivery of an item listed through the Services in place of an in-person exchange, whether the arrangement is made through the Services or off of them.

This does not restrict your own business. Your own website, your own store, and your own sales channels are yours, and what you sell there — including anything you ship — is governed by your terms, not ours. Where we link to your store, that link is advertising: the resulting transaction is between you and that buyer, we are not a party to it, and we receive nothing from the buyer for it. You may not, however, use such a link to arrange shipment of an item that is listed on the Services.

12. Removal, Suspension, and Termination

We may remove or hide any listing, storefront, catalog, badge, or other business content at any time, with or without notice, and we are not required to explain why. Removal is not a determination about the item, your business, or any user, and leaving something up is not approval of it.

Removal, suspension, or termination does not entitle you to a refund, credit, or extension of any fee, and any fee already owed remains owed. If you believe we removed something in error, write to admin@homegymmarketplace.com. Repeated or serious violations of these Business Terms or of the Terms will result in termination of your business features and of your account under Section 9 of the Terms.

You may stop using business features at any time. Sections that by their nature should survive termination will survive, including Sections 2, 3, 4, 8, 13, and 14.

13. Taxes and Registrations

You are the seller of record and are solely responsible for determining, collecting, reporting, and remitting any sales, use, excise, gross receipts, income, or other tax arising from your sales, and for obtaining any registration, permit, or license your activity requires. We do not collect payment from your buyers, do not transmit payment to you, and do not calculate, add, collect, withhold, or remit any tax on a sale you make. We are not a payment processor, payment settlement entity, or third-party settlement organization, and we do not issue Form 1099-K or any equivalent information return with respect to your sales.

Any fee you pay us is our revenue, and any tax on that fee is a separate matter between you and us. Nothing on the Services is tax advice; consult your own advisor.

14. Indemnification

In addition to Section 14 of the Terms, you agree to indemnify, defend, and hold harmless Home Gym Marketplace, its officers, directors, employees, agents, and affiliates from and against any claim, damage, loss, liability, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Any item you list, offer, or sell;
• Any representation you make to a buyer, or any obligation you owe one;
• Your use of buyer information under Section 8;
• Your participation in any event, and any agreement between you and an event organizer or venue;
• Any tax, fee, registration, licensing, or reporting obligation arising from your sales; and
• Your breach of these Business Terms; and
• Any third-party claim arising from an item you list, sell, inspect, test, energize, assemble, disassemble, remove, lift, load, secure, transport, install, or hand over, or from any meeting, pickup, exchange, or booth staffing you arrange, including claims involving bodily injury, death, property damage, trespass, or damage to premises, to the extent caused by your acts or omissions or those of your owners, members, employees, contractors, staff, helpers, or any other person you invite, engage, supervise, or bring to the transaction or event.

Procedure. We will give you reasonably prompt notice of a claim for which we seek indemnity, and you will reasonably cooperate in its defense. We may control the defense and settlement of the claim, except that no settlement may admit fault by you, or impose any non-monetary obligation on you, without your consent, which you will not unreasonably withhold. A delay in giving you notice relieves you of your obligations under this Section only to the extent the delay materially prejudices the defense of the claim. You may participate in the defense at your own expense.

Limits on this Section. This indemnity applies only to the fullest extent permitted by law. It does not require you to indemnify any Home Gym Marketplace party to the extent a claim results from that party's own gross negligence, fraud, or intentional misconduct, and it does not apply where applicable law prohibits it.

15. Changes and Acceptance

We may revise these Business Terms from time to time. The current version is always posted on this page with the "Last updated" date. If a revision is material, we will make a reasonable effort to tell you before it takes effect, and we may ask you to accept it before you continue using business features. Continuing to use business features after a revision takes effect means you accept it.

16. Contact

Questions about these Business Terms should be directed to admin@homegymmarketplace.com.