Introduction
Welcome to PreOwnedGym.com. These Terms of Service ("Terms") govern your access to and use of the PreOwnedGym.com website, including any content, functionality, and services offered on or through preownedgym.com (the "Site").
Please read these Terms carefully before you start to use the Site. By using the Site, creating an account, or clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with PreOwnedGym.com and meet all of the foregoing eligibility requirements.
Definitions
Throughout these Terms, we may use certain terms with specific meanings:
- "User", "You", and "Your" refer to the individual or entity accessing or using the Site.
- "PreOwnedGym.com", "We", "Us", and "Our" refer to PreOwnedGym.com and its parent company, subsidiaries, and affiliates.
- "Content" refers to all text, images, videos, graphics, comments, and other information found on the Site.
- "Dealer" refers to a business or individual that sells fitness equipment through our marketplace.
- "Buyer" refers to a user who purchases or expresses interest in purchasing equipment listed on the Site.
- "Listing" refers to an advertisement or offer for fitness equipment posted on the Site.
- "Services" refers to all features, functions, and offerings provided through the Site.
Account Registration and Security
To access certain features of the Site, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Immediately notify us of any unauthorized use of your account or any other breach of security.
- Ensure that you exit from your account at the end of each session when accessing the Site on a shared computer.
- Not share your account credentials with any third party.
- Not create more than one account, except as expressly permitted by us.
- Not use another user's account without permission.
We reserve the right to disable any user account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Marketplace Services
PreOwnedGym.com operates as a marketplace connecting buyers with dealers of used and refurbished fitness equipment. We do not own or sell the equipment listed on our Site directly, unless explicitly stated otherwise.
For Buyers
As a buyer using our Services:
- You acknowledge that we are not responsible for inspecting, verifying, or guaranteeing the equipment listed by dealers.
- You understand that all transactions and agreements are ultimately between you and the dealer, not PreOwnedGym.com.
- You agree to communicate honestly and accurately about your interest in equipment.
- You are responsible for conducting your own due diligence on equipment listings.
For Dealers
As a dealer using our Services:
- You agree to provide accurate, complete, and truthful information about yourself and the equipment you list.
- You represent that you have the legal right to sell the items you list.
- You agree to honor your listings and respond promptly to legitimate inquiries.
- You understand that we may remove listings that violate our policies or these Terms.
Prohibited Items
The following types of items may not be listed or sold through our marketplace:
- Counterfeit or stolen items
- Unsafe or recalled equipment
- Items that infringe on intellectual property rights
- Illegal items or items prohibited by law
Fees and Payments
PreOwnedGym.com charges fees for certain services, particularly for dealers listing equipment on our marketplace. These fees may include listing fees, featured listing upgrades, subscription fees for dealer accounts, transaction fees, and referral fees.
All fees are clearly displayed before you incur them. By providing a payment method, you authorize us to charge you for any fees you incur.
Payment Processing
We use third-party payment processors to handle financial transactions. When you make a payment through our Site, you may be redirected to a third-party payment processor's website, and your use of that service is subject to their terms and conditions.
Taxes
You are responsible for paying all taxes associated with your use of our Services. Dealers are responsible for determining and paying all applicable taxes on equipment sales.
Content and Intellectual Property Rights
The Site and its entire contents, features, and functionality are owned by PreOwnedGym.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
User Content
When you post, upload, submit, or otherwise share content on our Site ("User Content"), you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content.
You represent and warrant that you own or control all rights in and to the User Content you post, that all User Content is accurate and not misleading, and that your User Content does not violate these Terms.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit any advertising or promotional material, including "spam" or similar solicitation.
- To impersonate or attempt to impersonate PreOwnedGym.com, an employee, another user, or any other person.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site.
- To scrape, index, or collect data from the Site using automated methods.
- To introduce viruses, trojan horses, worms, or other malicious material.
- To attempt to gain unauthorized access to any parts of the Site or connected systems.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK. THE SITE AND ALL CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
PREOWNEDGYM.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation of Liability
IN NO EVENT WILL PREOWNEDGYM.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Marketplace Transactions
PreOwnedGym.com serves primarily as a venue to allow users to connect with dealers offering fitness equipment. We are not a party to any transaction between users and dealers. We do not guarantee the quality, safety, or legality of listed items, and we are not responsible for the conduct of users on our Site.
Indemnification
You agree to defend, indemnify, and hold harmless PreOwnedGym.com, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Site.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision.
Any legal action or proceeding relating to your access to, or use of, the Site or these Terms shall be instituted in a state or federal court in Denver, Colorado.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Termination
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.
If you wish to terminate your account, you may simply discontinue using the Site, or you may contact us to request account deletion.
Miscellaneous Provisions
Entire Agreement: These Terms, our Privacy Policy, and any other documents they expressly incorporate by reference constitute the sole and entire agreement between you and PreOwnedGym.com regarding the Site.
Waiver: No waiver by PreOwnedGym.com of any term or condition shall be deemed a further or continuing waiver of such term or any other term.
Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction.
Contact Us
If you have any questions about these Terms of Service, please contact us at: