MoveItGear Seller Agreement

MoveItGear is a marketplace where people and businesses come together to buy, sell, and share sports, fitness, health and wellness, and outdoors products and services. Please read this Seller Agreement (“Agreement”) carefully before using the Website and related services (“Website,” “Site,” “App,” or “Services”). This Agreement governs and applies to all persons and businesses who sell (“Sellers,” “Stores,” “Shops,” or “You”) products or services on the MoveItGear marketplace. This Agreement is a contract between the Sellers and Live Well Stores, Inc. (“Live Well Stores” or “We”). This Agreement applies only to your use of MoveItGear’s Services, and do not apply to any other service unless otherwise indicated. By accessing or using the Services, You acknowledge that You have read this Agreement, understand it, and agree to be bound by the provisions described herein, including MoveItGear’s Terms of Use and Privacy Policy. If You do not agree to the provisions in this Agreement, You may not sell products or services on the MoveItGear marketplace.

Who is a Seller/Store?

A Seller/Store is a person or business who sells products and/or services on the MoveItGear marketplace. MoveItGear Stores are independent businesses. Entities or individuals over the age of 18 in the United States or Canada can request permission to open a shop on MoveItGear.

MoveItGear Stores may have their own policies, payment methods, and shipping and fulfillment methods. Stores on MoveItGear must meet MoveItGear’s standards of customer service and honor their store’s policies. In the unlikely event that a transaction does not go as planned, Sellers should work together with buyers to reach a resolution. If a resolution cannot be reached, either You or a buyer can open a case with MoveItGear. See the section titled “Disputes with Users or Third Parties” below.

Sellers must represent themselves, their business, their product specifications, and their service expectations accurately and honestly. MoveItGear’s Trust & Safety team may reach out to Stores in violation of this Agreement. While We prefer to help You bring your Store into compliance with our rules, MoveItGear may close Stores that do not comply. Furthermore, We reserve the right to refuse permission to any individual or entity to be a Seller, and to remove Stores or listings of products or services for any reason.

You and MoveItGear are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Furthermore, if You are registering as a business entity, You personally guarantee that You have the authority to bind the entity to this Agreement.

Prohibited Items and Services on MoveItGear

We do not allow some types of items and services on the MoveItGear marketplace, even if they are legal and otherwise meet MoveItGear's selling criteria. The following types of items and services may not be listed on MoveItGear:

1. Alcohol
2. Tobacco and other products that can be smoked
3. Drugs, including any prescription drugs, and other drug paraphernalia
4. Live animals
5. Items made from certain animals, including, but not limited to, those animals deemed endangered or threatened under the U.S. Endangered Species Act
6. Ivory or bones from ivory-producing animals, such as whales or elephants (except for qualifying authentic articles of Native Alaskan crafts)
7. Human remains or body parts (excluding hair and teeth)
8. Pornography
9. Weapons, including firearms and certain imitation firearms
10. Hazardous materials, including, but not limited to, those that are flammable, explosive, corrosive, and poisonous
11. Recalled items
12. Illegal, counterfeit, or stolen items
13. Items or listings that promote, support, or glorify hatred towards people or otherwise demean them based on race, ethnicity, religion, gender, gender identity, disability, or sexual orientation; including items or content that promote organizations with such views
14. Items or services that promote or support illegal activity or instruct others to engage in illegal activity
15. Items or services that promote, support, or glorify acts of violence or harm towards self or others.
16. BPA (Bisphenol-A) in children’s products that touch food or water
17. Any product whose distribution or shipment into a particular jurisdiction would violate the laws of that jurisdiction.
18. Any other product or service that We deem to be either not appropriate for any reason whatsoever.

If You are found with any listings of prohibited items or services on the MoveItGear marketplace, such listings will be removed from the Site, and your selling privileges may be suspended and/or terminated.

Fees and Billing Policy

To be able to sell products or services on MoveItGear, You must register with our Site. Initial setup of a basic Store on MoveItGear is free. Additional sales channels on MoveItGear that may have separate fees.

Fees: We charge a percentage of the sale price when a product or service sells. More specifically, a Seller is charged a commission fee of 15% for products, and 20% for services, unless otherwise agreed by the Seller and LiveWell Stores. Commission fee is based on the total dollar amount of the order received via MoveItGear (either directly or through affiliated third party web and mobile sites), excluding sales tax if in the United States, or HST, PST, and/or GST if in Canada. Unless otherwise stated, all fees are quoted in US Dollars (USD). We are not responsible in any way for any fraudulent payment or credit information provided by any third parties, beyond protection provided by our Seller Protection Program (see below).

Payments: Settled transactions received through MoveItGear Payment will be debited to you via PayPal, check payment, or other authorized payment method, within a reasonable time after the order has been processed and the buyer’s credit card has been charged. In no event shall the payment time exceed thirty-one (31) days from the end of the month in which the order was delivered and the buyer’s credit card has been charged. We reserve the right to withhold, reverse, or otherwise refuse payments to Stores for any unfulfilled or returned customer transactions, including, but not limited to, refunds due to non-delivery by Store, customer rejections for quality issues, non-payment due to invalid payment method or customer fraud, chargebacks, or contested charges.

You are responsible for paying all fees and applicable taxes associated with using our Services. To sell items and services on MoveItGear, You may be required to provide valid payment information, such as valid credit card information. We will send an invoice to your email address on file detailing the amount due. Sellers must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. However, You understand that in situations where We act solely as software provider and Store connects their merchant details into the Service, funds may be paid directly to the Store from a third party.

Taxes

Stores are responsible for accurately informing MoveItGear of states or jurisdictions where Stores are required to collect sales. Stores are responsible for any Sales Tax due where MoveItGear didn't collect tax because the Store provided inaccurate, insufficient, or no sales tax collection information.

1. MoveItGear shall only collect taxes for jurisdictions Store notifies and confirms are added to customer’s account.
2. MoveItGear is not responsible for tax collection if account is not configured properly.
3. Store is responsible for remitting sales tax to proper authorities.

Fees and Termination: If We terminate a listing or your account, if You close your account, or if the payment of your MoveItGear fees cannot be completed for any reason, You are liable to us for all unpaid fees plus any penalties, if applicable. If your account is not paid in full and becomes past due, You risk penalties, such as the suspension of privileges, the termination of your account, and/or other collection mechanisms (including the retaining of collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact us.

Changes to Our Fees Policy: Any changes to our Fees Policy are effective after We provide you with at least 14 days’ notice by posting the changes on the MoveItGear Site. However, We reserve the right to temporarily change our Fees Policy, including the amount of fees We charge you, for promotional events (for example, discounted commission rates); such changes are effective when We post the temporary promotional event on the Site. We may, at our sole discretion, change some or all of MoveItGear's Services at any time. In the event We introduce a new service, the fees for that service are effective at the launch of the service.

Listing and Selling

Listing Description: All listings on MoveItGear must be for sale. By listing a product or service on the Site, You warrant that you and all aspects of the item or service comply with MoveItGear’s policies. You also warrant that you may legally sell the item or service. You must accurately describe your item or service and all terms of sale either on the product page or on your MoveItGear Store page. Your listings may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. All items and services must be listed in an appropriate category. Each listing must accurately and completely describe the item(s) or service(s) for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

Listing Price: All of the benefits and terms, including sales price, granted by Seller herein are at least as favorable as the benefits and terms granted by Seller to any previous buyer or company of the goods described in this Agreement. Should Seller enter into any subsequent agreement with any other buyer or our customer, during the term of this Agreement, which provides for benefits or terms more favorable than those contained in this Agreement, then this Agreement shall be deemed to be modified to provide Live Well Stores with those more favorable benefits and terms. Seller shall notify Live Well Stores promptly of the existence of such more favorable benefits and terms and We shall have the right to receive the more favorable benefits and terms immediately. If requested in writing by the Live Well Stores, shall amend this Agreement to contain the more favorable terms and conditions.

Fee Avoidance: Fee avoidance involves any action on the Seller’s part to avoid paying any applicable fees, including listing fees and transaction fees. Sellers may not engage in any activity that can lead to fee avoidance, including, but not limited to, the following:

1. Posting an announcement on your product page or on your Store’s page that encourages users to purchase the same items listed in your MoveItGear Store from another online selling venue.
2. Posting an announcement in an empty Store that directs users to another online selling venue.
3. Contacting another user (whether a buyer or another seller) via the Question System and directing them to buy or sell an item or service listed on MoveItGear outside of the MoveItGear marketplace.
4. Completing a transaction off MoveItGear once it has been initiated on the Site.
5. Altering the price of an item or service after a sale for the purpose of avoiding MoveItGear transaction fees.

Store Policies: All Sellers are urged to outline store policies for their MoveItGear Store. These policies may include shipping, returns, payment, and selling policies. If Sellers do not create their own store policies, Sellers must follow our standard return and shipping policies within MoveItGear’s Terms of Use. If Sellers do create their own store policies, they must create reasonable policies in good faith and must abide by such policies. Sellers are responsible for enforcing their own store policies. We reserve the right to request that a Seller modify a store policy if We determine that any policy, or portion thereof, is unreasonable or unclear.

Disputes with Users or Third Parties

In the event a dispute arises between You and another user or a third party, MoveItGear encourages you to contact the user or third party to resolve the dispute amicably.

We provide a non-legal dispute resolution process for the benefit of MoveItGear users. If You and a buyer are unable to resolve a dispute resulting from a transaction that occurs on MoveItGear, You may choose to open a case in MoveItGear’s case system in order to resolve the dispute. Note that a buyer may also open a case on MoveItGear. In our sole discretion, We will escalate cases for review and resolution, however, We have no obligation to resolve disputes between You and other users or outside parties.

To the extent that We attempt to resolve a dispute, We will do so in good faith based solely on MoveItGear’s policies. We will not make judgments regarding legal issues or claims. If you wish, You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

By using the Services, You agree to release Live Well Stores (and Live Well Stores’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.

Prohibited, Questionable, and Infringing Activities

You are solely responsible for any activity you conduct in relation to MoveItGear and any data, text, information, usernames, graphics, images, photographs, profiles, audio, video, products, services, and links (together, "Content") that You submit, post, and display on MoveItGear.

Restricted Activities: Your Content and your use of MoveItGear shall not:
1. Be false, inaccurate, or misleading.
2. Be fraudulent or involve the sale of illegal, counterfeit, or stolen items.
3. Infringe upon any third party's copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy.
4. Violate this Agreement, including MoveItGear’s Terms of Use and Privacy Policy, or any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
5. Involve any countries, entities, individuals, or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies.
6. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MoveItGear staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device.
8. Interfere with another Seller’s business or Store.
9. Take any action that may undermine online reviews or feedback.
10. Be obscene or contain child pornography.
11. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
12. Host images for a product or service that is not part of a listing.
13. Modify, adapt, or hack MoveItGear or modify another website so as to falsely imply that it is associated with MoveItGear.
14. Create liability for MoveItGear or cause MoveItGear to lose (in whole or in part) the services of MoveItGear's ISPs or other suppliers.
15. Link directly or indirectly, reference, or contain descriptions of goods or services that are prohibited under this Agreement as posted on MoveItGear.
16. Furthermore, You may not list any item or service on MoveItGear (or consummate any transaction that was initiated using MoveItGear's Services) that, by paying to MoveItGear the final value fee, could cause MoveItGear to violate any applicable law, statute, ordinance, or regulation.

Content

Live Well Stores does not claim ownership rights in your Content. However, You agree to allow us to store, re-format, and display your Content on MoveItGear in any way We choose.

As part of a transaction, you may obtain personal information, including email and shipping addresses, from another MoveItGear user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MoveItGear-related communications. You may not use such information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, You may not add any MoveItGear user to your email or physical mailing list. For more information, see MoveItGear's Privacy Policy.

MoveItGear’s Intellectual Property

MoveItGear, and other MoveItGear graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Live Well Stores, Inc. in the U.S. and/or other countries. You may not use MoveItGear’s trademarks and trade dress, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

In addition to the provisions in our Terms of Use, you agree that you will not:
1. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on MoveItGear’s infrastructure.
2. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Seller Protection Program

MoveItGear offers a Seller Protection Program in order to guarantee that a seller’s account status will not be affected if a buyer files a case against the seller’s store. MoveItGear also ensures protection of the funds related to the transaction.

The following is a checklist sellers can use in order to ensure that they qualify for the Seller Protection Program:

1. Publish policies for returns, exchanges and custom orders on your shop’s Policies page. Be sure that your shop policies are in compliance with MoveItGear’s site-wide guidelines.
2. Communicate with the buyer via Questions about the status of their order, any questions they may have, and any additional details agreed upon in the transaction.
3. Accurately photograph and describe the item(s) for sale in your shop, including details like color, size, materials, condition, customizable options, etc.
4. Provide number of business days within which item will be shipped (also referred to as “ship days”) using the tools provided by MoveItGear, and ship the item(s) accordingly.
5. Ship to the address listed on the MoveItGear receipt, or as agreed upon with the buyer via Questions.
6. Accurately mark the order as “shipped” on MoveItGear within promised timeframe
7. Any unreturnable products must be accurately stated as such in product’s “product return policy”
8. Provide proof of shipping; additionally, provide proof of delivery for item(s) shipped within the US. For an item priced above $250 USD, use a trackable shipping method that provides signature confirmation at delivery.
9. Respond to all Questions about a case within 7 calendar days.
10. Respond to MoveItGear’s request(s) for more information about a case within 7 calendar days.

Coverage for the Seller Protection Program has some restrictions:

1. Seller Protection is only available on orders processed through MoveItGear Payment. Any orders taken through your Store Branded Site or through direct payment integration are not eligible for Seller Protection. Stores are responsible for payment screening through their payment gateway or tools provided by MoveItGear to assist in the screening process.
2. Applicable only for non-delivery or item not as described cases filed by the buyer through MoveItGear’s tools on any eligible MoveItGear transaction, or unauthorized payment cases
3. Not available for shipping damage. It's the seller's sole responsibility to ensure that the item is properly packed so that it isn't damaged in shipping. MoveItGear is not responsible for any damage that occurs during shipment.
4. Fund protection is limited to $500 USD per transaction.
5. Item(s) must be shipped to United States. Transactions outside of United States are not currently eligible for Seller Protection.
6. Not available for transactions involving digital goods or other items delivered electronically.
7. Not available for services (lessons, classes, rentals, workshops), items that are not shipped (for example: in-person delivery, or if the seller does not ship), or that the seller has failed to ship.
8. Not available for sellers with current or past accounts found to be in violation of MoveItGear’s policies, or sellers with current or past accounts suspended or terminated for violating MoveItGear’s policies. Please understand that our Seller Protection policies protect a seller’s account from being suspended or a store payment account from being debited, in the event of a dispute. They do not, however, reimburse sellers for refunds that they have decided to issue.

Other Considerations

1. Be sure to fill out your Store’s “About Us” page.
2. Buyers can submit reviews of items and services they have purchased, so it is important to be accurate and honest when listing items or services for sale.
3. When selling a product, You may want to consider linking to or including information from the manufacturer.
4. When selling a lesson or other related service, You may not make any claims about improvement or capability expected after a lesson that You cannot reasonably expect or guarantee.
5. Do your best to provide great customer service.
a. Explain your Store’s policies clearly and honor your policies as stated.
b. Respond in a timely manner to questions from buyers and potential buyers.
c. We reserve the right to measure and monitor customer service interactions in order to provide a superior experience to users on MoveItGear.

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