terms of service | Used Gym Gear

Website & Services: usedgymgear.com and related features (the “Site” or “Services”)

These Terms of Service (“Terms”) govern your access to and use of the Site. By accessing or using the Services, you agree to be bound by these Terms.

1) Eligibility & Accounts

You must be at least 18 and able to form a binding contract.
You’re responsible for your account activity and keeping credentials secure.
Provide accurate information and update it when it changes.

2) Marketplace Role (Important)

UsedGymGear is a listing and connection platform. We do not own items, do not broker sales, do not process buyer payments or seller payouts, and do not guarantee transactions. Buyers and sellers contract directly with each other and are solely responsible for their transactions, compliance with applicable laws, taxes, shipping, and item condition.

Privacy: Our data practices are described in our separate Privacy Policy.

3) Listings & Transactions

Sellers must provide truthful, non-misleading descriptions and lawful items only.
Buyers and sellers must use the Site to connect and communicate in good faith.
Transactions are typically completed off-platform using the parties’ chosen payment methods.

4) Fees & Commissions (Seller Obligations)

To support the marketplace, we charge a commission on Completed Sales initiated through our platform (defined below). We do not collect buyer payment; sellers notify us and we invoice them for our commission.

Commission Rates

Items priced over $1,000 (USD): 10% of the total item price
Items priced at $1,000 (USD) or less: 20% of the total item price

“Total item price” means the agreed price for the item itself and excludes shipping, taxes, and third-party payment/processor fees unless expressly stated otherwise in writing.

What counts as a “Completed Sale” and “Initiated through the Platform”

A Completed Sale occurs when the buyer pays and the seller agrees to deliver/has delivered the listed item.
A sale is initiated through the platform when the buyer and seller first connect, message, exchange contact details, or negotiate via UsedGymGear (including Site messaging, listing contact forms, or any feature enabling discovery). Completing payment off-platform does not remove the commission obligation.

Seller Notification & Invoicing

Notify Us: Within 3 calendar days of a Completed Sale, the seller must email support@usedgymgear.com with:
listing link/ID, final sale price, sale date, buyer username (or the message thread link).
Invoice: We will issue an invoice for the applicable commission based on the final sale price.
Payment Terms: Invoices are due Net 7 (7 calendar days from invoice date) unless otherwise specified.

Refunds & Adjustments

Full refund to buyer: Provide proof within 7 days of the refund; we will void/credit the commission invoice if unpaid, or credit a future invoice if already paid (less any non-recoverable third-party costs, if any).
Partial refund: Commission adjusts pro-rata to the final kept item price (upon timely notice with proof).

Verification & Records

To confirm commissions, we may reasonably request proof of sale details (e.g., redacted payment confirmation showing date/amount, shipping confirmation, thread excerpts). Do not send full payment numbers or sensitive data—redact as appropriate. Keep transaction records for 12 months and provide them upon reasonable request.

No Fee Circumvention

Any attempt to avoid commission—such as moving a deal off-platform after connecting via UsedGymGear to evade fees—may result in commission assessment, account limits/suspension, and other remedies permitted by law.

Non-Payment

Unpaid invoices may incur late fees/interest as allowed by law and collection actions, including recovery of reasonable costs of collection and attorneys’ fees. We may suspend or terminate accounts for non-payment.

5) User Content & IP

You retain rights to the content you submit (e.g., photos, descriptions) but grant us a worldwide, non-exclusive, royalty-free license to host, display, and promote it in connection with the Services.
Do not upload content that infringes others’ rights, is deceptive, illegal, or harmful.

6) Prohibited Activities

You agree not to:

Violate laws or third-party rights; list prohibited or stolen goods.
Post false, misleading, or deceptive listings.
Scrape, interfere with security, reverse-engineer, or overload the Site.
Use the Site to spam, harass, or bypass fees/commissions.
Transact outside the Site for the purpose of fee avoidance.

7) Third-Party Services

The Site may link to third-party tools (e.g., payment platforms). Their terms and privacy policies govern your use of those services. We are not responsible for third-party services.

8) Disputes Between Users

UsedGymGear is not a party to buyer-seller disputes. Users should resolve issues directly. We may (but are not required to) provide limited information from our logs/messages to assist authorities or as required by law.

9) Suspension & Termination

We may suspend or terminate access for any violation of these Terms, non-payment of invoices, suspected fraud/abuse, or to protect the community. You may stop using the Services at any time; commissions incurred remain due.

10) Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE ITEM QUALITY, SELLER PERFORMANCE, BUYER PAYMENT, OR TRANSACTION OUTCOMES.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS; OR LOSS/COMPROMISE OF DATA. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) US$100 OR (B) THE COMMISSIONS YOU PAID TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12) Indemnification

You agree to defend, indemnify, and hold harmless UsedGymGear and its officers, directors, employees, and agents from claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your (a) use of the Services, (b) listings or sales, (c) violation of these Terms or laws, or (d) infringement or misappropriation of any rights.

13) Governing Law; Dispute Resolution

Governing Law: California law (without regard to conflicts rules), and applicable U.S. federal law.
Venue: State or federal courts located in Los Angeles County, California, unless you and we agree to arbitration.
Arbitration (Optional Clause): By using the Services, you may agree that disputes will be resolved by binding arbitration on an individual basis under JAMS or AAA rules in Los Angeles County, CA, and that class actions are waived. If you prefer not to include arbitration, delete this paragraph.

14) Changes to the Services & Terms

We may modify the Services or these Terms from time to time. Material changes will be posted with an updated Effective Date and, where appropriate, notified by email or within the Site. Continued use after changes constitutes acceptance.

15) Contact

UsedGymGear
Email: support@usedgymgear.com