These Terms and Conditions (the “Terms”) govern your access to and use of the website located at vesslorder.com and any related pages, forms, content, and services we make available through it (collectively, the “Site”).
The Site is operated by Vessl Inventory, LLC, a North Carolina limited liability company (“Vessl,” “we,” “us,” or “our”).
By accessing the Site, submitting a form, or otherwise interacting with us through the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. Who May Use the Site
You may use the Site only if you are at least 18 years old and legally able to enter into a binding contract. If you use the Site on behalf of a medical practice, facility, employer, or other organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to both you and that organization.
The Site is intended for users located in the United States. We make no representation that the Site or any product referenced on it is appropriate or available for use outside the United States.
2. Business Use Only
Vessl serves licensed healthcare facilities, physician-owned practices, office-based labs, ambulatory surgery centers, and the professionals and administrators who operate them. The Site is not directed to consumers or patients and is not intended for personal, family, or household use. Nothing on the Site is an offer to sell medical products to the general public.
3. Informational Purpose; No Offer to Sell
Unless we state otherwise in a signed agreement or written quote, the content of the Site—including product descriptions, categories, comparisons, availability indicators, and any pricing or savings figures—is provided for general informational purposes only. It is not a binding offer, quotation, or commitment to sell.
Any pricing, savings estimate, or cost comparison shown on the Site is illustrative and depends on assumptions such as volume, contract status, product mix, manufacturer pricing, and market conditions. Actual pricing is established only in a written quote or purchase agreement. We may change or discontinue any content, product reference, or feature at any time without notice.
4. No Medical or Clinical Advice
Content on the Site is provided for general business and educational purposes to healthcare professionals. It is not medical advice, clinical guidance, or a recommendation for the diagnosis or treatment of any patient.
Nothing on the Site should be used as a substitute for the independent professional judgment of a licensed clinician, for a manufacturer’s Instructions for Use (“IFU”), or for your institution’s own policies and procedures. You are solely responsible for:
- determining whether any product is appropriate for a given clinical use, patient, or procedure;
- reading and following the manufacturer’s IFU, labeling, warnings, and storage and handling requirements;
- verifying product compatibility, sizing, sterility, and expiration before use; and
- maintaining the licensure, credentialing, accreditation, and clinical protocols required for your practice.
Vessl does not practice medicine, does not supervise clinical care, and assumes no responsibility for clinical decisions made by you or your personnel.
5. Regulated Products
Many of the products referenced on the Site are medical devices or supplies regulated by the U.S. Food and Drug Administration, and some are restricted to sale on the order of a licensed practitioner (“Rx only”). By requesting information, a quote, or a product, you represent and warrant that:
- you are a licensed healthcare professional, or you are acting on behalf of a duly licensed healthcare facility or practice;
- the products will be acquired and used only for lawful professional purposes within the scope of that licensure;
- you and your organization hold all licenses, permits, and registrations required by federal and state law; and
- you will not resell, redistribute, export, or divert any product except as permitted by applicable law and by any separate agreement with us.
You are responsible for your own compliance with all applicable laws, including the federal Anti-Kickback Statute, the Stark Law, the Sunshine Act, state licensing and pharmacy laws, and applicable recordkeeping, tracking, and reporting requirements. Nothing on the Site is intended to induce or reward referrals for any item or service reimbursable by a federal healthcare program.
6. Information You Submit
When you complete a form, request a demonstration or quote, join a waitlist, or otherwise contact us, you agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for the accuracy of what you submit.
You represent that you have the right to provide any information you submit, and that submitting it to us does not violate any agreement, policy, or law that applies to you or your organization.
Do not submit protected health information. The Site is not designed to receive, and must not be used to transmit, any individually identifiable patient information or protected health information under HIPAA. Do not include patient names, medical record numbers, dates of service tied to an identifiable individual, images, or any other patient-identifying data in any form field, message, or attachment. If you do, you do so at your own risk, and we may delete it.
7. Communications and Consent
By submitting your contact information, you consent to receive communications from us at the email address and telephone number you provide, including messages about your inquiry, product and pricing information, onboarding, and—where you have opted in—marketing communications.
You may withdraw consent to marketing email at any time by using the unsubscribe link in any marketing message or by contacting us at info@vesslorder.com. We may still send you non-marketing messages relating to an active inquiry, quote, account, or transaction.
You also consent to receive notices, agreements, and disclosures from us electronically, and you agree that electronic delivery satisfies any legal requirement that such communications be in writing.
8. Practice Data and Confidentiality
To evaluate your needs or prepare a quote, you may choose to share operational information about your practice—such as item usage, par levels, purchase history, current vendor pricing, or spend data (“Practice Data”).
As between you and Vessl, you retain ownership of your Practice Data. We will use Practice Data only to:
- respond to your inquiry and prepare quotes, analyses, and recommendations for you;
- provide, support, and improve our products and services; and
- create aggregated and de-identified statistics and benchmarks that do not identify you, your organization, or any individual.
We will not disclose your identifiable Practice Data to third parties except: to service providers and suppliers acting on our behalf under confidentiality obligations; as necessary to source or fulfill a product you have requested; with your direction or consent; or as required by law. We may use aggregated, de-identified data for any lawful business purpose, including market analysis and published benchmarks.
Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
9. Accounts
Some features may require an account. If we make accounts available:
- you must provide accurate registration information and keep it current;
- you are responsible for safeguarding your credentials and for all activity that occurs under your account;
- you must not share credentials or permit access by anyone other than authorized personnel of your organization; and
- you must notify us promptly at info@vesslorder.com of any suspected unauthorized access.
We may refuse, suspend, or close an account at our discretion, including where we cannot verify your professional or facility credentials.
10. Quotes, Orders, and Payment
These Terms govern your use of the Site. They do not by themselves create any obligation for us to sell, or for you to buy, any product.
If and when we make ordering available through or in connection with the Site, the following apply in addition to any separate supply agreement, quote, or order confirmation:
- Quotes. Written quotes are valid only for the period stated and are subject to product availability, manufacturer pricing, and our acceptance. Errors in pricing or description may be corrected at any time before acceptance.
- Order acceptance. Your submission of an order is an offer to purchase. No contract is formed until we accept the order in writing or ship the product. We may decline or limit any order, including where credentials cannot be verified or where quantities are inconsistent with ordinary professional use.
- Payment. Payment terms will be stated in the applicable quote, invoice, or agreement. You are responsible for all applicable taxes, duties, and shipping charges unless expressly stated otherwise.
- Payment processing. Card and bank payments are processed by third-party payment processors. We do not collect or store full payment card numbers on our systems. Your use of a payment processor is subject to that processor’s own terms and privacy policy, and we are not responsible for its acts or omissions.
- Delivery, title, and risk. Delivery dates are estimates. Unless stated otherwise in writing, title and risk of loss pass to you upon delivery to the carrier.
- Returns. Returns of sterile, implantable, temperature-controlled, lot-controlled, custom, or specially procured items may be restricted or prohibited by the manufacturer or by law. Return eligibility, restocking fees, and required authorizations will be governed by our then-current return policy or your supply agreement.
- Recalls. You agree to cooperate with, and to follow, any manufacturer or regulatory recall, field action, or safety notice affecting products you have received, and to maintain records sufficient to support such actions.
11. Acceptable Use
You agree not to, and not to permit any other party to:
- use the Site for any unlawful, fraudulent, or deceptive purpose, or in violation of these Terms;
- submit false, misleading, or unauthorized information, or impersonate any person or organization;
- access the Site to build, benchmark, or market a competing product or service, or to harvest pricing or content for a competitor;
- scrape, crawl, spider, data-mine, or use automated means to access or extract content from the Site, except as permitted by our robots.txt;
- copy, reproduce, republish, frame, or redistribute Site content except as expressly permitted;
- reverse engineer, decompile, or attempt to derive the source code or underlying structure of any part of the Site;
- probe, scan, or test the vulnerability of the Site, or breach or circumvent any security or authentication measure;
- introduce malware, or interfere with or place undue load on the Site or its infrastructure; or
- use the Site to send unsolicited communications or to collect information about other users.
Nothing in this Section restricts the use of assistive technology, or of accessibility tools and settings, by a person with a disability to access the Site.
12. Intellectual Property
The Site and its contents—including text, graphics, layouts, logos, icons, images, data compilations, and software—are owned by Vessl or its licensors and are protected by United States and international intellectual property laws. The Vessl name, the Vessl logo, and related marks are trademarks of Vessl. You may not use them without our prior written permission.
Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site, and to print or download individual pages, for your own internal business evaluation and use. All rights not expressly granted are reserved. This license does not permit any commercial use, resale, or systematic copying of Site content.
Feedback. If you send us suggestions, ideas, or feedback about our products or the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.
13. Third-Party Content and Links
The Site may reference manufacturers, distributors, product specifications, catalog data, or other third-party materials, and may link to third-party websites. That content originates with those third parties. We do not independently verify all of it, and we do not endorse, warrant, or assume responsibility for it. Manufacturer specifications, IFUs, and labeling control over any description on the Site. Your dealings with any third party are solely between you and that third party.
14. Disclaimer of Warranties
The Site and all content are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Vessl disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
We do not warrant that the Site will be uninterrupted, secure, timely, or error-free, that defects will be corrected, or that any content, pricing figure, availability indicator, or savings estimate is accurate, complete, or current.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
15. Product Warranties
Vessl is not the manufacturer of the products referenced on the Site. Except as expressly set out in a separate written agreement signed by us, we make no warranty of any kind with respect to any product, and any warranty is limited to the warranty, if any, provided by the manufacturer. To the extent we are permitted to do so, we will pass through to you the manufacturer’s warranty for products we supply. You are responsible for inspecting products upon receipt and for reporting damage, shortage, or nonconformity within the period stated in the applicable manufacturer or supply terms.
16. Limitation of Liability
To the fullest extent permitted by law, Vessl and its members, officers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, data, or anticipated savings, arising out of or relating to the Site or these Terms, whether based in contract, tort (including negligence), strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Site or these Terms will not exceed the greater of (a) the total amount you paid to Vessl in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, gross negligence, willful misconduct, or personal injury or death caused by our negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
17. Indemnification
You agree to defend, indemnify, and hold harmless Vessl and its members, officers, employees, and agents from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site; (b) your breach of these Terms or of any representation you make in them; (c) your violation of any law or the rights of any third party; (d) any clinical decision, procedure, or use of any product by you or your personnel; or (e) any information you submit, including any patient information submitted in violation of Section 6.
18. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Subject to Section 19, you and Vessl consent to the exclusive jurisdiction and venue of the state and federal courts located in Durham County, North Carolina, and waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Dispute Resolution
19.1 Informal resolution first
Before starting any formal proceeding, you agree to contact us at info@vesslorder.com with a written description of the dispute and the relief you seek. The parties will attempt in good faith to resolve the matter within thirty (30) days.
19.2 Binding arbitration
If the dispute is not resolved informally, any dispute arising out of or relating to these Terms or the Site will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Durham County, North Carolina, or by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
Either party may bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
Upon request, we will provide reasonable accommodations in any dispute resolution process for a party with a disability, and we will ask the arbitration provider to do the same.
19.3 No class actions
Disputes will be resolved only on an individual basis. You and Vessl waive any right to bring or participate in a class, collective, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any representative proceeding.
19.4 Time limit
Any claim arising out of or relating to the Site or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred, except where a longer period is required by law.
20. Accessibility
Vessl is committed to making the Site usable by everyone, including people with disabilities. We work toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. Our current status, known limitations, and the ways you can reach us are described in our Accessibility Statement.
If you encounter a barrier on the Site, or need information or a service on the Site provided in a different format, contact us at info@vesslorder.com or (919) 666-7933. We will work with you to provide the information, product, or service you are seeking through an accessible method of communication, and we will try to respond within 3 business days.
No provision of these Terms — including the limitations in Sections 14 and 16 and the dispute resolution provisions in Section 19 — is intended to waive, limit, or discourage any right you have under the Americans with Disabilities Act or any other federal, state, or local accessibility or disability law, and any provision that would have that effect does not apply to that claim.
21. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the revised version on the Site. For material changes, we will provide additional notice, such as a notice on the Site or an email to the address associated with your inquiry or account. Changes take effect when posted unless we state otherwise. Your continued use of the Site after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Site.
22. Suspension and Termination
We may modify, suspend, or discontinue all or part of the Site at any time, and may restrict or terminate your access at our discretion, with or without notice, including for any breach of these Terms. Sections that by their nature should survive termination will survive, including Sections 4, 5, 8, 12, 14, 15, 16, 17, 18, 19, 20, and 23.
23. General Provisions
- Entire agreement. These Terms, together with the Privacy Policy and any policies referenced here, are the entire agreement between you and Vessl regarding the Site, and supersede any prior understandings on that subject. Any separate signed supply, pricing, or services agreement between you and Vessl controls over these Terms to the extent of a conflict, as to the subject matter of that agreement.
- No purchase-order terms. Any additional or different terms in your purchase order, vendor portal, or similar document are rejected and have no effect unless expressly agreed to in writing signed by us.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will stay in full force.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
- Force majeure. Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including supply chain disruption, manufacturer allocation, labor shortage, natural disaster, epidemic, regulatory action, war, or utility or network failure.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Vessl.
- No third-party beneficiaries. These Terms do not confer rights on any third party.
- Headings. Headings are for convenience only and do not affect interpretation.
24. Contact Us
Questions about these Terms can be directed to:
Vessl Inventory, LLC
7 Hidcote Circle
Durham, NC 27713
Email: info@vesslorder.com
Phone: (919) 666-7933