Terms of Service

Last updated: August 27, 2026

These Terms of Service, together with any rules, policies, and guidelines referenced herein (collectively, the "Terms"), apply to your access to and use of the Home Gym Marketplace website, mobile applications, and other online products and services (collectively, the "Services") provided by Home Gym Marketplace LLC ("Home Gym Marketplace," "we," "us," or "our").

1. Privacy

Please review our Privacy Policy, which describes how we collect, use, and share information about you when you use our Services.

2. Eligibility

You may use the Services only if you:

• Are located in the United States;
• Are at least 18 years of age;
• Have not been previously suspended or removed from the Services;
• Are legally permitted to use the Services under applicable law.

A. Restricted Jurisdictions (Selling)

The Services are not available for selling everywhere we are available for browsing. We do not currently host listings for items located in Maine, Vermont, or West Virginia (each a "Restricted Jurisdiction"). We may add or remove Restricted Jurisdictions at any time, and the list in force is the one applied at the moment you attempt to create or edit a listing.

If you are in a Restricted Jurisdiction, you may still:

• Browse the marketplace and view any listing;
• Create and hold an account;
• Message sellers and make offers as a buyer; and
• Buy an item located outside a Restricted Jurisdiction and travel to collect it.

You may not, in or from a Restricted Jurisdiction:

• Create, publish, republish, or maintain a listing for an item located in a Restricted Jurisdiction;
• Register or maintain a business store location in a Restricted Jurisdiction;
• Edit an existing listing so that its location becomes a Restricted Jurisdiction; or
• Otherwise use the Services in any selling, vending, or merchant capacity with respect to goods located in a Restricted Jurisdiction.

You must not attempt to circumvent this restriction — including by entering a ZIP code that is not the item's actual location, by listing through another person or account, or by arranging the exchange in a Restricted Jurisdiction after listing the item elsewhere. Doing so is a material breach of these Terms and grounds for removal of the listing and suspension or termination of your account under Section 9.

3. Our Role: A Venue, Not a Party to Your Transaction

Home Gym Marketplace is a listing and communication venue — in substance, a bulletin board with a messaging layer. Sellers post items they own; buyers browse those items and contact the seller; the two of them then deal with each other directly, and exchange the goods and the money between themselves, away from the Services. Every sale arranged using the Services is a transaction between two users, to which Home Gym Marketplace is not a party.

A. What we do not do

Home Gym Marketplace does not do any of the following, and the Services provide no feature capable of doing them:

• Collect, receive, hold, escrow, route, disburse, or remit any payment from a buyer or to a seller, in any amount, for any purpose;
• Accept, process, store, or transmit any payment instrument or payment credential, including any card number, bank account, or digital wallet;
• Provide a shopping cart, a checkout, an order, an invoice, a receipt for goods, a statement of account, or a payout;
• Set, control, dictate, or influence the price of any item, or require that any item be sold at any particular price;
• Take title to, own, buy, resell, consign, inspect, test, authenticate, appraise, store, possess, pack, ship, or deliver any item listed on the Services;
• Accept returns, issue refunds, process chargebacks, or provide any purchase protection, transaction guarantee, insurance, bonding, or escrow;
• Provide customer service for, or any warranty on, any item listed by a user;
• Mediate, arbitrate, adjudicate, or otherwise resolve any dispute between users; or
• Investigate, verify, or vouch for the identity, background, licensing, solvency, or trustworthiness of any user.

B. No agency; no other relationship

Home Gym Marketplace is not your agent, broker, dealer, reseller, distributor, consignee, auctioneer, fiduciary, escrow agent, payment processor, money transmitter, payment settlement entity, shipper, employer, partner, or joint venturer, and does not act on behalf of any buyer or any seller. Nothing in these Terms or in your use of the Services creates any agency, partnership, joint venture, franchise, fiduciary, or employment relationship between you and Home Gym Marketplace.

C. The seller is the seller

For every sale arranged using the Services, the seller is the seller of record and the merchant of record, and is solely responsible for: the item and its title, condition, legality, authenticity, and safety; the accuracy of the listing; all applicable taxes, permits, licenses, and registrations; compliance with every law that applies to the sale, including consumer-protection, product-safety, and recall obligations; and every obligation owed to the buyer, including any warranty, return, refund, or remedy. Home Gym Marketplace assumes none of these obligations and has no ability to perform them on a seller's behalf.

D. Nothing we display is an offer by us

Listings, prices, photographs, descriptions, and vendor catalogs on the Services are User Content supplied by third parties. They are not offers by Home Gym Marketplace to sell anything, they are not our representations about any item, and our display of them is not an endorsement, verification, or recommendation.

4. User Accounts and Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete account information;
• Maintain and promptly update your account information;
• Maintain the security of your login credentials and not share them with any third party;
• Notify us immediately at admin@homegymmarketplace.com if you suspect unauthorized access to your account; and
• Accept responsibility for all activities that occur under your account.

We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claims, including trademark rights, in those usernames.

5. The Services

A. Posting Listings and Making Contact

Home Gym Marketplace provides an online venue where users can list home gym equipment they own, browse items listed by others, and message one another to negotiate a sale between themselves. You may list items for sale and make offers on items listed by other users, subject to these Terms and any applicable guidelines.

When you list an item, you represent and warrant that you own it or otherwise have the legal right to sell it, and that the listing description is accurate and not misleading. When you make an offer or agree to buy, you are dealing with the other user, and any resulting agreement is between you and that user — not with, through, or involving Home Gym Marketplace.

Every transaction is conducted directly between the users through in-person pickup and entirely outside the Services. Home Gym Marketplace has no control over and does not guarantee the existence, quality, safety, legality, or availability of items listed, the truth or accuracy of listings, or the ability or willingness of sellers to deliver items or of buyers to pay. Home Gym Marketplace cannot assist with payment, refunds, returns, cancellations, or disputes for any transaction, and does not have the funds, the goods, or the authority to do so.

B. Offers, Counteroffers, and Acceptance

The Services include an offer feature that lets a buyer propose an amount, lets a seller decline, counter, or indicate acceptance, and keeps a record of that exchange in the conversation. These are messages between two users, transmitted for their convenience. Indicating acceptance communicates your position to the other user. It does not create a contract with or through Home Gym Marketplace, does not commit, authorize, transfer, or hold any funds, does not reserve or place a hold on any item, and does not obligate Home Gym Marketplace to anything.

Whether an enforceable agreement arises between you and another user — and on what terms — is a matter between the two of you under applicable law. Home Gym Marketplace takes no position on whether an agreement was formed, and does not enforce, guarantee, adjudicate, or police any agreement between users. Either party may cease negotiating at any time, and an item may be sold to someone else, withdrawn, or repriced at any point. We encourage users to deal in good faith, but that expectation runs between the users; it is not a promise made to us or enforceable by us.

C. Payments Between Users

Home Gym Marketplace does not process, facilitate, intermediate, hold, or have any visibility into payments between buyers and sellers. All payments are arranged and completed directly between the parties to a transaction, in a manner they choose, off the Services. The Services may allow a user to indicate which payment methods they are willing to accept (such as cash, PayPal, Venmo, or Zelle) as a label for informational convenience only. Displaying the name of a third-party payment method is not an integration with, endorsement of, recommendation of, or affiliation with that payment service, and no payment is ever initiated, routed, or confirmed through the Services.

You are solely responsible for selecting a payment method, understanding its protections and limits, verifying that payment was actually sent and received, and resolving any payment dispute directly with the other party or with that payment provider. Home Gym Marketplace bears no liability for any lost, stolen, misdirected, reversed, fraudulent, or disputed payment of any kind.

D. Amounts and Records Displayed on the Services

Amounts shown anywhere on the Services — asking prices, offers, counteroffers, an "accepted," "agreed," or "final" price, price history, savings or "below list" comparisons, estimates, and any summary or record of a completed deal — are informational only and reflect what users have entered or told us. They are not invoices, bills, orders, receipts, statements of account, demands for payment, or amounts payable to or by Home Gym Marketplace, and they are not evidence that any payment was requested, authorized, made, or received.

We do not verify any amount, and we have no way to observe whether money changed hands, how much, in what form, or when. Any amount shown is a non-binding record of what two users communicated to each other and is subject to whatever those users actually agree between themselves. Marking a deal "completed" is a user's own after-the-fact self-report of an exchange that took place outside the Services; it is not our confirmation that payment occurred.

E. Taxes, Seller of Record, and Information Reporting

You are solely responsible for determining and paying any tax arising from your use of the Services. Each seller is the seller of record and is solely responsible for determining, collecting, reporting, and remitting any sales, use, excise, gross receipts, income, or other tax arising from that seller's sales, and for obtaining any registration, permit, or license their activity requires. Buyers are responsible for any use tax or other tax arising from their purchases.

Home Gym Marketplace does not collect payment from purchasers and does not transmit payment to sellers, and does not calculate, add, collect, withhold, or remit any tax on a transaction between users. 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 transactions. Nothing on the Services is tax advice; consult your own advisor.

If any law is ever construed to require Home Gym Marketplace to collect or remit a tax on a transaction between users, or to report a user's transactions to any authority, we will comply with that law and will update these Terms accordingly.

F. Fees We Charge

Buying and selling on the Services is currently free. We may introduce paid features — for example, a subscription for a business storefront, listing capacity, promoted placement, or other advertising or visibility feature. Unless expressly stated otherwise, any fee we charge compensates us for access to the applicable software, advertising, promotional, or visibility service. It is billed to the account holder directly by us, is separate from any transaction between users, and is not a commission on or payment for completing a transaction. We do not charge buyers for making a purchase, we never deduct anything from an amount a buyer pays a seller, and no fee of ours is ever collected from, netted against, added to, or routed through the money users exchange with each other.

G. Local Pickup Only; No Shipping, Delivery, or Fulfillment

Items listed through the Services are local pickup only. Shipping is not permitted. You may not offer, request, advertise, accept, or arrange for any item listed through the Services to be sent by mail, freight, carrier, courier, delivery service, or any other means of transport in place of an in-person exchange between the buyer and the seller. This applies whether the arrangement is made through the Services or off of them, whether the shipment would be within a state, between states, or international, and regardless of which user arranges or pays for it.

Do not list an item you are unwilling to hand over in person, and do not state or imply in a listing, message, offer, profile, or storefront that shipping or delivery is available. Listings that offer or solicit shipping may be removed, and accounts may be suspended or terminated, as described in Sections 7 and 9.

Home Gym Marketplace does not provide shipping, delivery, fulfillment, warehousing, storage, packing, transportation, or logistics services for items listed through the Services. We do not take possession or custody of listed items, generate shipping labels, determine shipping charges, select carriers, track deliveries, insure shipments, or confirm delivery.

Transactions arranged through the Services are completed directly between users through in-person pickup. Home Gym Marketplace does not select, require, arrange, supervise, conduct, or guarantee any pickup or exchange. Buyers and sellers are solely responsible for agreeing upon the location, timing, safety, and other circumstances of an in-person transaction.

H. In-Person Events and Vendor Booths

The Services include catalogs for in-person events, such as HomeGymCon 2026, in which businesses exhibiting at the event ("Vendors") list equipment available for sale at their booth. Vendors are independent third parties and are the sellers of record for their own goods. Home Gym Marketplace does not own, inspect, hold, price, or sell the items in an event catalog, is not a party to any transaction you enter into with a Vendor, and receives no payment in connection with any such transaction. Payment for a booth item is arranged and made directly between you and the Vendor, at the booth or through the Vendor's own channels, never through the Services.

Reaching out about a booth item is an expression of interest only — it is not a purchase, an order, a reservation, or a binding hold, and it does not guarantee that the item will be available, held for you, or sold to you at any particular price.

Sharing your information with Vendors. When you contact a Vendor about a booth item through the Services, we share the following with that Vendor: your name, your message, and a six-digit booth PIN. The booth PIN lets the Vendor coordinate pickup with you on the day of the event — you read it to the Vendor at their booth and they check it against their copy, confirming you are the buyer they have been messaging. It is the same code for every item you inquire about at a given event. It is an identity check only: it is not a password, and it is not connected to any payment method.

For certain Vendors, we may also share the email address associated with your account with that Vendor, so that the Vendor can reach you about your inquiry. Separately, some booths are listed with the Vendor's own email address instead of in-app messaging; if you email such a Vendor directly, that message discloses your email address to them by its nature. If you do not want your email address shared with a Vendor, do not contact that Vendor through the Services.

A Vendor is a separate company and does not act on our behalf. Once your information has been shared with a Vendor, that Vendor's use of it — including any marketing or other communications the Vendor may send you — is governed by that Vendor's own privacy practices and not by our Privacy Policy. We do not control, and are not responsible for, how a Vendor uses your information. Any request to stop contacting you, or to delete information you have shared with a Vendor, must be directed to that Vendor.

6. User Content

"User Content" means any content you submit, post, or transmit through the Services, including listing descriptions, photographs, messages, reviews, and profile information.

By submitting User Content, you grant Home Gym Marketplace a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, distribute, display, and create derivative works from your User Content in connection with operating, promoting, and improving the Services.

You represent and warrant that your User Content:

• Does not violate any applicable law, regulation, or third-party right;
• Is not fraudulent, deceptive, or misleading;
• Does not contain unlawful, defamatory, obscene, harassing, threatening, or otherwise objectionable material;
• Does not infringe any copyright, trademark, patent, trade secret, or other intellectual property right of any third party; and
• Does not contain viruses, malware, or other harmful code.

User Content is created by users, not by us. We do not adopt, endorse, or guarantee any User Content. We do not assume any obligation to monitor User Content, but we reserve the right to remove or disable access to any User Content at any time, with or without notice, for any reason or no reason. Neither removing content nor leaving it up makes us the author or the seller of it.

7. Prohibited Conduct

You agree not to:

• Interfere with or disrupt the Services or servers or networks connected to the Services;
• Engage in harassing, threatening, intimidating, or stalking conduct toward any other user;
• List or sell prohibited items, including but not limited to stolen property, counterfeit goods, weapons, hazardous materials, or items that violate applicable law;
• List an item you do not own or do not have the legal right to sell;
• Offer, request, advertise, accept, or arrange shipping, freight, courier, mail, or delivery of any item listed through the Services in place of an in-person exchange, as described in Section 5.G;
• Post fraudulent, deceptive, or misleading listings or content;
• List, or attempt to list, an item located in a Restricted Jurisdiction, or take any step to circumvent the selling restrictions in Section 2.A, including misstating an item's location;
• State or imply that Home Gym Marketplace is a party to, guarantees, insures, escrows, verifies, or will mediate or reimburse any transaction;
• Ask another user to send payment to Home Gym Marketplace, claim that Home Gym Marketplace is holding or releasing funds, accept payment purportedly on our behalf, or otherwise use our name, marks, or messaging in connection with a request for money;
• Send spam, unsolicited messages, or promotions to other users;
• Impersonate any person or entity;
• Use the Services to launder money or engage in any illegal financial activity;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services;
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Services without our prior written consent;
• Create multiple accounts for deceptive or abusive purposes;
• Transfer or sell your account to another person;
• Circumvent any technical measures we use to enforce these Terms; or
• Encourage or assist any other person in doing any of the foregoing.

Violations may result in suspension or termination of your account at our sole discretion.

8. Ownership; Limited License

Home Gym Marketplace and its licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose — browsing, listing, and communicating about equipment — subject to these Terms. All rights not expressly granted are reserved.

9. Suspension and Termination

We may suspend, disable, or terminate your access to the Services at any time, with or without notice, for any reason, including but not limited to:

• Breach of these Terms;
• Conduct that we determine is harmful to other users, third parties, or our business interests;
• Requests by law enforcement or government agencies;
• Extended periods of inactivity; or
• Unexpected technical or security issues.

Upon termination, your right to use the Services ceases immediately. We may pursue legal action for continued unauthorized use. Sections of these Terms that by their nature should survive termination will survive, including but not limited to our role and disclaimers under Section 3, ownership, warranty disclaimers, indemnification, limitation of liability, release, and dispute resolution.

10. Trademarks

"Home Gym Marketplace," the Home Gym Marketplace logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Home Gym Marketplace LLC or its affiliates. You may not use such marks without our prior written permission, and you may not use them in a way that suggests we are a party to, or stand behind, any transaction. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

11. Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose without compensation or attribution to you. Feedback is treated as non-confidential.

12. Copyright and Intellectual Property Complaints

We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright or other intellectual property rights, please contact us at admin@homegymmarketplace.com with the following information:

• A description of the copyrighted work or intellectual property you claim has been infringed;
• A description of where the infringing material is located on the Services;
• Your contact information (name, address, email, phone number);
• A statement that you have a good faith belief that the use is not authorized by the rights owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf; and
• Your physical or electronic signature.

We may terminate the accounts of users who are repeat infringers.

13. Third-Party Content and Services

The Services may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by Home Gym Marketplace. We do not endorse or assume responsibility for any third-party content, products, or services. Your interactions with third parties, including other users and payment applications, are solely between you and the third party. We are not responsible or liable for any loss or damage arising from such interactions.

14. Indemnification

You agree to indemnify, defend, and hold harmless Home Gym Marketplace, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of the Services;
• Your User Content or Feedback;
• Your violation of these Terms;
• Your violation of any rights of another person or entity;
• Any tax, fee, registration, licensing, or reporting obligation arising from your sales or purchases; or
• Your conduct in connection with the Services, including any transaction, negotiation, or dispute with another user.

15. Disclaimers

16. Limitation of Liability

• Your access to, use of, or inability to use the Services;
• Any conduct or content of any third party on the Services, including any defamatory, offensive, or illegal conduct;
• Any content obtained from the Services;
• Any transaction, attempted transaction, or dispute between you and another user, including non-payment, non-delivery, misrepresentation, or fraud by that user; or
• Unauthorized access, use, or alteration of your transmissions or content.

17. Assumption of Risk

Home Gym Marketplace does not investigate, verify, or conduct background checks on users. You are solely responsible for taking appropriate precautions in all interactions with other users, particularly if you are meeting in person. You assume all risks associated with your transactions and interactions through the Services.

Given the nature of home gym equipment, you acknowledge that items may be heavy, require special handling, or pose safety risks during transport. Home Gym Marketplace is not liable for any injuries or property damage that occur during pickup or use of items obtained through a transaction arranged using the Services.

18. Release

You release Home Gym Marketplace and its officers, directors, employees, agents, and affiliates from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and one or more other users of the Services, or between you and any third party, including any dispute over payment, non-payment, delivery, condition, or ownership of an item.

If you are a California resident, you waive California Civil Code Section 1542, which provides: "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."

19. Data Processing

Your information is stored and processed exclusively within the United States using service providers that host their infrastructure in the United States. By using the Services, you consent to the collection, storage, and processing of your information in the United States. If you are accessing the Services from outside the United States, please be aware that U.S. data protection laws may differ from those in your jurisdiction.

20. Dispute Resolution; Binding Arbitration

A. Informal Resolution

Before initiating any arbitration or court proceeding, you agree to first contact us at admin@homegymmarketplace.com with a written description of your claim, including your name, email address, account username, a detailed description of the dispute, and the relief you seek. We will attempt to resolve the dispute informally for at least thirty (30) days before either party may initiate arbitration.

B. Binding Arbitration

If the dispute is not resolved informally, either party may initiate binding arbitration through JAMS (Judicial Arbitration and Mediation Services). The arbitration will be conducted by a single arbitrator under the JAMS Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in the English language.

For disputes involving less than $10,000, the arbitration may be conducted by telephone, video conference, or written submissions. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. The arbitrator has exclusive authority to resolve all disputes arising under this agreement, including the scope and enforceability of this arbitration provision.

C. Exceptions

Either party may bring a claim in small claims court if the claim qualifies. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

D. One-Year Statute of Limitations

E. Opt-Out

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accept these Terms by emailing us at admin@homegymmarketplace.com with a clear statement of your intent to opt out. Your opt-out notice must include your full name, mailing address, and a statement that you wish to opt out of arbitration under these Terms.

F. Severability

If any portion of this arbitration provision is found to be unenforceable, the remaining portions will remain in full force and effect. If the prohibition on class actions is found to be unenforceable, then the entirety of this arbitration provision will be null and void, and the dispute will be resolved in civil court.

21. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

22. Modifications to Services and Terms

We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

We may revise these Terms from time to time. The most current version will always be posted on this page with the "Last updated" date. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.

23. Messaging and Communications

By creating an account, you consent to receive electronic communications from Home Gym Marketplace, including emails, push notifications, and in-app messages relating to your account, transactions, and the Services. You agree that these communications satisfy any legal requirement that such communications be in writing. You may manage your notification preferences in your account settings, but certain transactional communications (such as those related to account security or active transactions) cannot be opted out of while your account is active.

24. Miscellaneous

• No Agency. You and Home Gym Marketplace are independent of one another. Nothing in these Terms makes either of us the agent, partner, joint venturer, fiduciary, or employee of the other, and neither may bind or incur obligations on behalf of the other.
• Severability. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
• Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Entire Agreement. These Terms constitute the entire agreement between you and Home Gym Marketplace regarding the Services and supersede all prior agreements.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.
• Headings. Section headings are for convenience only and have no legal effect.
• Contact. Questions about these Terms should be directed to admin@homegymmarketplace.com.