Terms of Service

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. If you do not meet all of these requirements, you must not access or use the Site.

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. Instead, we provide a platform for third-party dealers to list their inventory and for potential buyers to discover these offerings.

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 and your ability to complete transactions.
• You are responsible for conducting your own due diligence on equipment listings, including asking appropriate questions about condition, history, and specifications.
• You may use our messaging system to contact dealers, but you agree not to use it for spam, harassment, or any unlawful purpose.

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 from potential buyers.
• You acknowledge that we may have separate terms and conditions for dealer accounts, which will be provided during the dealer registration process.
• 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
• Items that violate manufacturer warranties or distribution agreements
• Personal training services, nutrition supplements, or other non-equipment offerings (unless specifically permitted in writing)

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
• Referral fees for equipment sales facilitated through our platform

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. You agree to pay all charges incurred by you or any users of your account at the rates in effect when such charges are incurred.

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. We are not responsible for the actions or policies of these third-party payment processors.

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, including sales tax where applicable.

Content and Intellectual Property Rights

Site Content

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) 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 or proprietary rights laws.

Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for its intended purposes, subject to your compliance with these Terms. This license does not include:

• The right to reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Site or any portion of it.
• The right to copy or store any Site content for purposes other than as allowed under these Terms.
• The right to use data mining, robots, or similar data gathering and extraction methods.

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 (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods now known or later developed.

You represent and warrant that:

• You own or control all rights in and to the User Content you post.
• All User Content you provide is accurate, complete, up-to-date, and not misleading.
• Your User Content does not violate these Terms and will not cause injury to any person or entity.

We have the right, but not the obligation, to monitor, edit, or remove any User Content. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Site.

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, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate PreOwnedGym.com, a company employee, another user, or any other person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm PreOwnedGym.com or users of the Site or expose them to liability.
• To create multiple accounts for deceptive or fraudulent purposes.
• To attempt to bypass any security or verification measures on the Site.
• To scrape, index, or otherwise collect data from the Site using automated methods.
• To engage in any transaction outside our platform to avoid fees.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

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.

NEITHER PREOWNEDGYM.COM NOR ANY PERSON ASSOCIATED WITH PREOWNEDGYM.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PREOWNEDGYM.COM NOR ANYONE ASSOCIATED WITH PREOWNEDGYM.COM REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

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. While we may help facilitate transactions, we are not a party to any transaction between users and dealers. As such:

• We do not guarantee the quality, safety, or legality of listed items.
• We do not guarantee the truth or accuracy of listings.
• We do not guarantee that buyers and sellers will complete transactions.
• We are not responsible for the conduct of users on our Site, whether online or offline.

Any disputes between users related to marketplace transactions should be resolved directly between the parties involved. While we may offer general assistance, we are not obligated to mediate or resolve such disputes.

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 (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Governing Law and Dispute Resolution

Governing Law

These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) 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 or rule.

Dispute Resolution

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. You and PreOwnedGym.com agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.

Limitation on Time to File Claims

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 and without limitation, 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. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

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 and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Waiver

No waiver by PreOwnedGym.com of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PreOwnedGym.com to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without our consent shall be null and void. 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: