Terms of Service

Last updated: July 2, 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.

3. 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.

4. The Services

A. Posting Listings and Transacting

Home Gym Marketplace provides an online platform where users can list, browse, and purchase home gym equipment. 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 have the legal right to sell the item and that the listing description is accurate and not misleading. When you make an offer or purchase, you are entering into a transaction with the other user, not with Home Gym Marketplace.

For transactions conducted in person or outside the platform, Home Gym Marketplace has no control over and does not guarantee the quality, safety, legality, or availability of items listed, the truth or accuracy of listings, or the ability of sellers to sell items or buyers to pay. Home Gym Marketplace cannot assist with refunds, returns, or disputes for transactions conducted outside the platform.

B. Offers and Deals

The offers and deals functionality enables buyers and sellers to negotiate and finalize transactions. By submitting an offer, you represent that you intend to complete the transaction in good faith. Sellers may accept, decline, or counter offers at their discretion. Once both parties agree to terms through the platform, you are expected to follow through on the transaction.

C. Payments

Home Gym Marketplace does not process, facilitate, or intermediate payments between buyers and sellers. All payments are arranged and completed directly between the parties to a transaction. The platform may allow users to indicate preferred payment methods (such as cash, PayPal, Venmo, or Zelle) for informational convenience only. The display of any third-party payment method name does not constitute an endorsement, recommendation, or affiliation with that payment service.

You are solely responsible for selecting a payment method, verifying receipt of payment, and resolving any payment disputes directly with the other party. Home Gym Marketplace bears no liability for lost, stolen, misdirected, or disputed payments of any kind.

D. Taxes

You are solely responsible for determining and paying any applicable taxes arising from your use of the Services, including taxes on sales or purchases. Home Gym Marketplace may collect and remit sales tax where required by law.

E. Shipping and Delivery

Home Gym Marketplace provides a platform and communication venue to allow users to connect and negotiate transactions. We do not buy, sell, inspect, store, possess, pack, ship, or deliver any items listed on the Services. We are not a party to any shipping transaction and do not act as an agent, broker, or intermediary for any carrier or logistics provider. Any contract for the sale and shipping of goods is entered into strictly and directly between the respective buyer and seller.

Platform Role and Limitations. All shipping arrangements, logistics, carrier selections, and associated costs are handled directly between users through third-party services. Home Gym Marketplace does not process payments, generate shipping labels, calculate postage, or hold funds. You acknowledge and agree that Home Gym Marketplace:

• Does not provide, arrange, or facilitate shipping or delivery services of any kind;
• Does not offer or underwrite shipping insurance, package protection, or delivery guarantees;
• Does not verify the condition of items before or after shipment;
• Does not track shipments or confirm delivery on behalf of any party;
• Does not provide customer support, mediation, or dispute resolution for shipping-related issues, including but not limited to lost, stolen, damaged, delayed, or misdirected packages;
• Does not guarantee that any item will arrive, arrive in the described condition, or arrive within any particular time frame; and
• Is not responsible for any carrier's actions, omissions, errors, or service failures.

Seller Responsibilities. Sellers are solely responsible for securely packaging items, accurately calculating and communicating shipping costs, purchasing valid postage, and handing packages over to their chosen carrier in a timely manner. Sellers must comply with all applicable shipping laws, including restrictions on hazardous, prohibited, or restricted materials.

Buyer Responsibilities. Buyers are solely responsible for providing an accurate and deliverable shipping address to the seller. Buyers assume full financial responsibility for any agreed-upon shipping fees associated with the shipment.

Tracking Data and Status Updates. The Services may provide features allowing users to share tracking numbers or shipping status within message threads. These features are provided strictly for user convenience and informational purposes. Home Gym Marketplace does not verify, audit, or guarantee the validity of any tracking numbers or shipping statuses entered by users. A status update or the provision of a tracking number within the Services does not constitute proof of shipment or delivery.

Disclaimer of Shipping Liability. To the maximum extent permitted by applicable law, Home Gym Marketplace explicitly disclaims any and all liability arising out of or related to the packing, transit, shipping, and delivery of items. Home Gym Marketplace makes no representations or warranties, express or implied, regarding:

• The accuracy of any shipping addresses provided by buyers;
• The intent, ability, or fulfillment capability of sellers to ship items;
• The safety, quality, or condition of items during or after transit; or
• The performance, delays, errors, loss, theft, damage, or actions of any third-party shipping carrier.

• Loss, theft, or damage to items during transit;
• Misdelivery or non-delivery of packages;
• Inaccurate or incomplete shipping addresses provided by either party;
• Items that arrive in a condition different from their listing description;
• Costs of return shipping, re-shipping, or filing carrier claims; and
• Fraud by the other party, including but not limited to sending empty packages, misrepresenting shipment status, or providing false tracking information.

Home Gym Marketplace strongly encourages all users to use trackable shipping methods with delivery confirmation and to purchase adequate insurance for high-value items, but makes no representations about the sufficiency of any particular shipping method or carrier.

No Dispute Resolution for Shipping. Any dispute arising from a shipped transaction is between the buyer and the seller. In the event of a dispute regarding non-delivery, item damage, lost packages, or payment issues, users must resolve the matter directly with one another or through the applicable carrier's claims process. Home Gym Marketplace will not intervene in, mediate, or adjudicate any shipping-related dispute and bears no liability whatsoever for the outcome of any shipped transaction.

5. 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 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.

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.

6. 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;
• Post fraudulent, deceptive, or misleading listings or content;
• 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.

7. 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 your personal, non-commercial use (except for selling items as permitted), subject to these Terms. All rights not expressly granted are reserved.

8. 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 ownership, warranty disclaimers, indemnification, limitation of liability, and dispute resolution.

9. 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. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

10. 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.

11. 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.

12. 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 payment processors and shipping carriers, are solely between you and the third party. We are not responsible or liable for any loss or damage arising from such interactions.

13. 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; or
• Your conduct in connection with the Services, including any transaction with another user.

14. Disclaimers

15. 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; or
• Unauthorized access, use, or alteration of your transmissions or content.

16. 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 the pickup, delivery, or use of items purchased through the Services.

17. 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.

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."

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. Miscellaneous

• 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.