By registering as a Seller, you are Accepting These Terms

This document and the other documents that we reference below make up our Terms of Use.  The Terms are a legally binding contract between you and Fitness Marketplace LLC.

This contract sets out your rights and responsibilities when you use FitnessMarketplace.com, our mobile apps, and the other services provided by Fitness Marketplace (we will refer to all these collectively as our “Services”).  By using any of our Services, you are agreeing to the Terms.

Fitness Marketplace’s Services connect people around the world, both online and offline, to make, sell, and buy Fitness products and services. Here is a guide to help you understand the rules that are relevant for you, depending on how you use the Services:

• Our Rules for Sellers. If you list any items for sale through our Services, these policies apply to you.
• Our Rules for Third Parties. These policies apply to intellectual property owners, Fitness Marketplace API users, affiliates, and anyone requesting information from Fitness Marketplace.
• If you use any of our Services, you agree to our terms and our Privacy Policy.
• If you register for a store as a marketplace seller (products and services) you agree to our Seller fees.

 

1. Use of Our Services
   1. License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
   2. Do not Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Fitness Marketplace, another Fitness Marketplace user, or a third party.
   3. Pay Your Bills. You are responsible for paying all fees that you owe to Fitness Marketplace. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey, or United Arab Emirates, Fitness Marketplace will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we will just refer to VAT, GST, and any local sales taxes collectively as “VAT”. In addition, Fitness Marketplace will calculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.
   4. Do not Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.
   5. Do not Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
   6. Follow Our Trademark Policy. The Fitness Marketplace names, marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, copyrights, service marks, or trade dress of Fitness Marketplace in the US and other countries. If you would like to use our trademarks to promote your store please be sure to use our guidelines.
   7. Share Your Ideas. We love your suggestions and ideas AND CRITIQUE! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Fitness Marketplace (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
   8. Talk to Us Online. From time to time, Fitness Marketplace will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which is that we can send you information electronically (such as by email) instead of mailing your paper copies and that your electronic agreement is the same as your signature on paper.

 

2. Your Privacy
   1. We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways set out in the Privacy Policy.
   2. You are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use Fitness Marketplace user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to Fitness Marketplace users with whom you interact. Your privacy policy must be compatible with this policy and Fitness Marketplace’s Terms of Use.
   3. In particular, when you sell using our Services (subject to this Policy) or use Fitness Marketplace’s API (also subject to the Fitness Marketplace API Terms of Use), you may receive and determine what to do with certain personal information, such as when communicating with users and entering into transactions with buyers. This means you process personal information (for example, buyer name, email address, and shipping address) and, to the extent you do so, under EU law, you are an independent controller of data relating to other users that you may have obtained through the Services. You are responsible for protecting user personal information you receive or process and complying with all relevant legal requirements when you use the Services. This includes applicable data protection and privacy laws that govern the ways in which you can use a user’s information. Such laws may require that you post, and comply with, your own privacy policy, which must be accessible to Fitness Marketplace users you interact with and compatible with this policy and Fitness Marketplace’s Terms of Use. For more information on the General Data Protection Regulation, see more resources at https://gdpr-info.eu and http://gdprandyou.ie. As a data controller (that is someone who decides what personal data is collected and the purpose you’ll use the data for) to the extent that you process user personal information outside of the Services, you may be required under applicable data protection and privacy laws to honor requests received from such users for data access, portability, correction, deletion, and objections to processing. Also, if you disclose personal information without the buyer’s proper consent, you are responsible for that unauthorized disclosure. This includes, for example, disclosures you make or unintentional data breaches. For example, you may receive a buyer’s email address or other information because of entering a transaction with that buyer. This information may only be used for Fitness Marketplace-related communications or for Fitness Marketplace-facilitated transactions. You may not use this information for unsolicited commercial messages or unauthorized transactions. Without the buyer’s consent, and subject to other applicable Fitness Marketplace policies and laws, you may not add any Fitness Marketplace member to your email or physical mailing list, use that buyer’s identity for marketing, or obtain or retain any payment information. Please bear in mind that you are responsible for knowing the standard of consent required in any given instance. If Fitness Marketplace and you are found to be joint data controllers of personal information, and if Fitness Marketplace is sued, fined, or otherwise incurs expenses because of something that you did in your capacity as a joint data controller of buyer personal information, you agree to indemnify Fitness Marketplace for the expenses it occurs in connection with your processing of buyer personal information.

 

3. Providing Great Customer Service
   1. We expect our sellers to provide a high level of customer service. By selling on Fitness Marketplace, you agree to:
   2. Honor your dispatch and processing times listed on your store or / product. Sellers are obligated to dispatch an item or otherwise complete a transaction with a buyer in a prompt manner unless there is an exceptional circumstance.
   3. Respond to Messages in a timely manner.
   4. Honor the commitments you make in your shop policies.
   5. Resolve disagreements or disputes directly with the buyer. In the unlikely event that you cannot reach a resolution, our Dispute Resolution team can help through our case system. Read about your rights and responsibilities regarding cases here.
   6. If you are unable to complete an order, you must notify the buyer and cancel the order. If you need help contact support@fitnessmarketplace.com before any dispute escalates.
   7. As a seller, you must provide great customer service and maintain trust with your buyers.
   8. Responding to Requests for Cancellations, Returns, and Exchanges to keep things simple to start we have a basic platform wide returns policy see here however if due to the nature of your service or no risk sale you want to add more great, just include this in your store description and on description of relevant products/services.

 

4. Cancellations
   1. If you are unable to complete a transaction, you must notify the buyer via Fitness Marketplace Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises.
   2. We ask buyers to contact sellers directly and attempt to resolve any outstanding issues before opening a case or contacting support. For this reason, it is important that you fill out your shop policies and regularly respond to Messages from your buyers.
   3. Buyers may file a case for a non-delivery or a not-as-described item. You must respond to any open cases within three days or the time frame noted by Fitness Marketplace in the case. Fitness Marketplace may request your assistance in resolving a case opened against your shop. Fitness Marketplace reserves the right to escalate a case early for circumstances such as seller inactivity, harassment, refusal of service, case manipulation, and undermining the integrity of the case system.
   4. By using Fitness Marketplace’s case system, you understand that Fitness Marketplace may use your personal information for the purpose of resolving disputes with other members.

 

5. Non-Delivery
   1. A non-delivery occurs when a buyer places an order but does not receive the item. The following are examples of non-delivery cases:
   2. There is no proof that the item was dispatched to the buyer.
   3. An item was not sent to the address provided on Fitness Marketplace.
   4. The Item was Not as Described – An item is not as described if the buyer can demonstrate that it is significantly different from your listing description or your photos. The following are examples of not as described cases:
   5. The item received is a different colour, model, version, or size.
   6. The item has a different design or material.
   7. The seller failed to disclose that an item is damaged or is missing parts.
   8. The buyer received the incorrect quantity of items (e.g., the buyer purchased three items but only received two).
   9. The item was advertised as authentic but is not authentic.
   10. The condition of the item is misrepresented (e.g., the item is described as new but is used).
   11. Not as Described cases can also be filed for late delivery. To qualify as late delivery, the buyer must provide proof that all these conditions have been met:
   12. The item(s) were ordered for a specific date or event.
   13. The item(s) are rendered useless after that date.
   14. The seller did not ship the item(s) according to their processing time or the date agreed upon in Messages.
   15. For more information on cases, please see this Help article. If Fitness Marketplace determines that an item is not as described, you will be required to refund the order, including original postage and return postage.
   16. Ineligible Transactions
   17. Some disputes do not qualify for Fitness Marketplace’s case system. These include:
   18. Items that are damaged by the delivery carrier (if properly packaged by the seller).
   19. Items that have been altered, used, worn, washed, or discarded after receipt.
   20. Items that are received after the agreed-upon delivery date due to delivery delays.
   21. Items that are returned without a return agreement.
   22. Items that are accurately described but do not meet a buyer’s expectations.
   23. When a dispute is ineligible for our case system, we encourage both parties to work together to come to an amicable solution.

 

6. Your Account with Fitness Marketplace
   1. You will need to create an account with Fitness Marketplace to use some of our Services. Here are a few rules about accounts with Fitness Marketplace:
   2. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Fitness Marketplace or the Services. You are responsible for all account activity conducted by a minor on your account. For more information, see Fitness Marketplace’s Minors Policy.
   3. Be honest with us. Provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.
   4. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
   5. You are responsible for your account. You are solely responsible for any activity on your account. If you are sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
   6. Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it is important to keep your account password secure. Here is a Help article on how to make your account more secure.
   7. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Fitness Marketplace.

 

7. What can be sold?
   1. Products: You can sell NEW fitness, sports, wellness lifestyle related apparel, footwear, equipment and accessories.  You can also sell sports and weight loss nutrition that is within all legal national guidelines and approved.
   2. Services: Certified gyms, trainers, institutions and wellness professionals can sell services including; personal fitness training (virtual and online), nutrition/weight loss coaching, life coaching, meditation guidance, yoga instruction, rehabilitation, memberships to fitness/health/wellness programs, videos (downloadable, streaming or hard copies), other fitness and health services and content, classes, class passes, retreats, travel/trips retreats.
   3. YOU CANNOT SELL anything not related to fitness/sports/wellness or healthy lifestyle nor any products nor services that are illegal, offensive, pornographic, adult only content, discriminatory or anything or any brand you do not have legal right to resell.

 

8. Creating and Uploading Content
   1. As a member of Fitness Marketplace, you can create and upload a variety of content, like listings, Messages, text, photos, and videos. In order to keep our community safe and respectful, you agree that you will not upload content that is: Abusive, threatening, defamatory, harassing, or otherwise in violation of our Anti-Discrimination Policy; Obscene or vulgar; In violation of someone else’s privacy or intellectual property rights; or False, deceptive, or misleading.
   2. Content that you post using our Services is your content “Your Content”. We do not make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
   3. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
   4. Permission to Use Your Content. By posting Your Content through our Services, you grant Fitness Marketplace a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Fitness Marketplace function and grow. That way, we will not infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Fitness Marketplace may offer you or Fitness Marketplace buyers’ promotions on the Site, from time to time, that may relate to your listings
   5. Rights You Grant Fitness Marketplace. By posting Your Content, you grant Fitness Marketplace a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Fitness Marketplace, your Fitness Marketplace shop, or the Services in general, in any formats and through any channels, including across any Fitness Marketplace Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
   6. Examples: if you upload a photo of a listing on your Fitness Marketplace shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your new product, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Fitness Marketplace’s.
   7. Reporting Unauthorized Content. Fitness Marketplace respects intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please inform seller support. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer.
   8. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on Fitness Marketplace’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms & Conditions. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

 

9. Representing Yourself, Your Shop, and Your Listings Honestly
   1. At Fitness Marketplace, we value transparency. Transparency means that you honestly and accurately represent yourself, your items, and your business.
   2. By selling on Fitness Marketplace, you agree that you will:
   3. Provide honest, accurate information in your About section.
   4. Honor your Shop Policies.
   5. Accurately represent your items in listings and listing photos.
   6. Respect the intellectual property of others. If you feel someone has violated your intellectual property rights, you can report it to Fitness Marketplace.
   7. Not engage in fee avoidance.
   8. Not create duplicate shops or take any other action (such as manipulating clicks, carts, or sales) for the purpose of manipulating search or circumventing Fitness Marketplace’s policies.
   9. Not coordinate pricing with other sellers.
   10. Communicating with Other Fitness Marketplace Members (buyers and sellers)

 

10. Messages
    1. You can use Fitness Marketplace Messages (“Messages”) to communicate directly with your buyers or other Fitness Marketplace members. Messages are a great way for buyers to ask you questions about an item or an order.
    2. Messages may not be used for the following activities:
    3. Sending unsolicited advertising or promotions, requests for donations or spam.
    4. Harassing or abusing another member or violating our Anti-Discrimination Policy.
    5. Contacting someone after they have explicitly asked you not to; or
    6. Interfering with a transaction or the business of another member.
    7. Interference
    8. Interference occurs when a member intentionally interferes with another member’s shop to drive away their business. Interference is strictly prohibited on Fitness Marketplace. Examples of interference include:
    9. Contacting another member via Fitness Marketplace Messages to warn them away from a member, shop, or item.
    10. Posting in public areas to demonstrate or discuss a dispute with another member.
    11. Purchasing from a seller for the sole purpose of leaving a negative review.
    12. Maliciously clicking on a competitor’s Promoted Listings ads to drain that member’s advertising budget, also known as ‘click fraud’.

 

11. Harassment
    1. Any use of Fitness Marketplace Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.

 

12. Termination
    1. Termination by you. We’d hate to see you go, but you may terminate your account with Fitness Marketplace at any time please email setup@fitnessmarketplace.com and we will start the closure process, we do this manually so that we can remove any links and images on our backend and social to your pages and products. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.
    2. Termination by Fitness Marketplace. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you do not have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Fitness Marketplace may refuse service to anyone, at any time, for any reason.
    3. If you or Fitness Marketplace terminate your account, you may lose any information associated with your account, including Your Content.
    4. We May Discontinue the Services. Fitness Marketplace reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
    5. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

 

13. Warranties and Limitation of Liability
    1. Items You Purchase. You understand that Fitness Marketplace does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Fitness Marketplace cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Fitness Marketplace from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
    2. Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Fitness Marketplace is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
    3. People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
    4. Third-Party Services. Our Services may contain links to third-party websites or services that we do not own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Fitness Marketplace is not a party to those agreements; they are solely between you and the third party.
    5. Gift Cards and Promotions. You acknowledge that Fitness Marketplace does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
    6. | WARRANTIES. FITNESS MARKETPLACE IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
    7. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
    8. LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FITNESS MARKETPLACE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL FITNESS MARKETPLACE’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID FITNESS MARKETPLACE IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

15. Indemnification
    1. If Fitness Marketplace gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Fitness Marketplace (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

16. Disputes with Other Users If you find yourself in a dispute with another user of Fitness Marketplace’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may raise the issue to vendor/buyer relations.  Fitness Marketplace will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Fitness Marketplace has no obligation to resolve any disputes.  Release of Fitness Marketplace. You release Fitness Marketplace from any claims, demands, and damages arising out of disputes with other users or parties.

 

17. Disputes with Fitness Marketplace

 

1. If you are upset with us, let us know, and hopefully we can resolve your issue. But if we cannot, then these rules will govern any legal dispute involving our Services:
2. Governing Law: The Terms are governed by the laws of the State of Washington, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
3. Arbitration: You and Fitness Marketplace agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Fitness Marketplace are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
   1. Costs of Arbitration. Payment for all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000 USD, Fitness Marketplace will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
   2. Forum. We are based in Washington State, so any legal action against Fitness Marketplace related to our Services must be filed and take place in Washington State. For all actions under the AAA Rules, the proceedings may be filed where your residence is, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and Fitness Marketplace agree to submit to the personal jurisdiction of a state or federal court located in Washington State.

• Modifications. If we make any changes to this “Disputes with Fitness Marketplace” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Fitness Marketplace prior to the date the changes became effective. Fitness Marketplace will notify you of substantive changes to the “Disputes with Fitness Marketplace” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Fitness Marketplace a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Fitness Marketplace in accordance with the provisions of this “Disputes with Fitness Marketplace” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

 

18. Changes to the Terms
    1. We may update these Terms from time to time. If we believe that the changes are material, we will let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

 

19. Legal Points
    1. The Terms, including all the policies that make up the Terms. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

 

Contact Information

If you have any questions about the Terms, please email us at legal@FitnessMarketplace.com.

Last updated May 2020