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Mayviewhealth.com (hereinafter referred to as “Mayview Health” or the “Site”) operates as an e-commerce marketplace that facilitates transactions between sellers, merchants, and manufacturers (collectively, “Vendors”) and third-party purchasers (“Customers”). For purposes of this Agreement, a “Vendor” may be a duly registered legal entity or an individual acting as an authorized representative or employee on behalf of such entity. The entity shall remain solely responsible and liable for all acts, omissions, decisions, and conduct of its authorized representatives or employees undertaken in connection with the use of the Site. Mayview Health provides Vendors with a non-exclusive, limited, and revocable license to access and use the Site for the purpose of listing, marketing, and selling their products directly to Customers, subject to the terms and conditions set forth herein. All Vendors seeking to offer products through the Mayview Health website must review, agree to, and be bound by these Terms and Conditions of the Vendor Agreement as a prerequisite to participation. By applying to sell on the Site, each Vendor represents and warrants that it is duly authorized and in full compliance with all applicable laws, regulations, and industry standards governing the marketing, distribution, and sale of its products. Vendors also agree that as sellers of the products, all transactions between the Customers and Vendors remain between you and Mayview Health is not a party to any transaction. The Vendor acknowledges and agrees that Mayview Health may engage and rely upon third-party service providers to perform certain functions and provide services in connection with the operation of the Site and its offerings to users.
By registering, executing, or otherwise assenting to this Agreement, the Vendor agrees to be legally bound by its terms and conditions, including all policies and guidelines herein by reference, as it may be amended from time to time. Mayview Health reserves the right, in its sole and absolute discretion, to modify, revise, or update this Agreement at any time, with such modifications becoming effective upon posting on the Site, with or without prior notice. The Vendor acknowledges and agrees that it bears sole responsibility for periodically reviewing the Agreement. The Vendor’s continued access to or use of the Site following the posting of any modifications shall constitute its full, unconditional, and binding acceptance thereof. In the event the Vendor does not agree to any modification, the Vendor shall immediately cease all use of the Site and promptly notify Mayview Health of its intent to terminate participation.
The use of this site by Mayview Health is restricted exclusively to duly authorized Vendors that are legally established business entities. Eligible Vendors must possess a valid registered company name, applicable tax identification number, and an active, verifiable bank account. Such information shall be required and verified at the time of entering into any formal agreement.
By accepting these terms, the Vendor represents and warrants that it is a duly organized and legally compliant entity under the laws of its jurisdiction of incorporation or registration, and that it is not currently subject to any pending or ongoing legal proceedings that would materially affect its ability to perform its obligations. The Vendor further affirms that all information provided is true, accurate, current, and complete, and agrees to promptly update such information as necessary to maintain its accuracy.
Mayview Health operates solely as an online marketplace platform that facilitates the listing, marketing, and sale of products by independent Vendors to Customers through its website (the “Site”). Vendors are permitted to list products within appropriate categories, subject to compliance with all applicable laws, regulations, and platform policies.
Each Vendor hereby represents and warrants that: (i) all products offered for sale are lawful and fully compliant with all applicable federal, state, and local laws, regulations, and industry standards; (ii) such products do not infringe, misappropriate, or otherwise violate any intellectual property rights or other proprietary rights of any third party; and (iii) all products are authentic, genuine, non-counterfeit, and have been lawfully acquired, and are not stolen or otherwise unlawfully obtained.
The Vendor acknowledges and agrees that it bears sole and exclusive responsibility and liability for the accuracy, legality, quality, safety, and authenticity of all products listed, marketed, or sold through the Site, as well as for compliance with all applicable legal and regulatory requirements.
To the fullest extent permitted by law, Mayview Health expressly disclaims any and all liability, responsibility, or obligation arising out of or relating to any products listed, marketed, or sold by Vendors on the Site, including, without limitation, any claims involving unlawful, infringing, counterfeit, defective, or improperly obtained products. The Vendor agrees to indemnify, defend, and hold harmless Mayview Health, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to any breach of the foregoing representations and warranties or the Vendor’s use of the Site.
The Vendor shall be solely responsible for maintaining accurate, up-to-date inventory levels for all Products listed on the Site. The Vendor shall promptly update the Site to reflect any changes in stock availability, including but not limited to new stock, low stock, or out-of-stock status, using the tools or systems provided by Mayview Health.
The Vendor acknowledges and agrees that any failure to accurately update inventory may result in overselling, Customer dissatisfaction, or order cancellations, and the Vendor shall bear all liability, costs, and damages arising therefrom.
The Vendor shall not list Products on the Site that it does not have in sufficient quantity to fulfill Customer Orders. Mayview Health reserves the right, at its sole discretion, to suspend, remove, or restrict Product listings if inventory levels are not properly maintained, without prior notice to the Vendor.
The Vendor shall indemnify and hold harmless Mayview Health for any losses, claims, or liabilities arising from inaccurate, incomplete, or untimely inventory updates, including oversold Products or related Customer disputes.
By accepting this Agreement, the Vendor agrees to comply with the pricing policies, guidelines, and fee structures established by Mayview Health, which are incorporated herein by reference. The Vendor acknowledges that it is solely responsible for periodically reviewing such policies. Mayview Health reserves the right to amend, modify, or update the Pricing Policy and related terms at any time without prior notice, and continued use of the Site shall constitute acceptance of such changes.
The Vendor represents and warrants that all Products listed for sale shall be accurately described, including full and clear disclosure of the quality, condition, and material characteristics of such Products. The Vendor further represents and warrants that all Products offered for sale are lawful and permitted for sale in both the Vendor’s jurisdiction and in any jurisdiction into which the Vendor markets or sells such Products.
In determining the sale price of any Product, the Vendor shall take into account all applicable fees, commissions, and charges set forth in the Pricing Policy and shall assign a fair and final price at the time of listing. Once a Product has been sold at the listed price, such transaction shall be final, and no revisions or adjustments to the price shall be permitted.
The Vendor shall provide accurate and complete information regarding the location of each Product and the origin of shipment. Upon the sale of a Product, the Vendor shall promptly update the order status and provide shipment confirmation, including the applicable tracking number, through the designated backend system provided by Mayview Health.
The Vendor acknowledges that Mayview Health places a high priority on Customer satisfaction and the provision of timely and accurate information to Customers. Accordingly, the Vendor agrees to adhere to the same standard and shall ensure prompt order fulfillment. The Vendor shall dispatch all orders as soon as reasonably practicable and, in any event, within seventy-two (72) hours of order confirmation. In the event that shipment cannot be completed within such a timeframe, the Vendor shall promptly notify Mayview Health so that the Customer may be informed.
If an order remains unfulfilled for a period exceeding thirty (30) days from the date of confirmation, Mayview Health reserves the right to cancel the order and issue a full refund to the Customer. Upon receipt of notice of such cancellation, the Vendor shall immediately cease fulfillment and shall not ship the Product on or after the date of such notice.
The Vendor agrees that all communications with Customers relating to order fulfillment and shipment shall be conducted exclusively through Mayview Health. The Vendor shall not directly contact or communicate with Customers for such purposes unless expressly authorized in writing.
The Vendor represents and warrants that all Product prices listed on the Site are accurate, complete, and comply with applicable pricing policies. In the event of any error, discrepancy, or inaccuracy in the pricing of a Product, whether due to typographical, technical, or other mistakes (“Pricing Error”), the Vendor shall be solely responsible for honoring all Orders placed at the listed price prior to correction of the Pricing Error.
The Vendor acknowledges and agrees that Mayview Health acts only as a marketplace facilitator and is not liable for any losses, claims, or damages arising from a Pricing Error. The Vendor shall bear all financial responsibility for fulfilling Orders placed in reliance on the incorrect price, including shipping, handling, and any other obligations related to such Orders.
Mayview Health reserves the right, at its sole discretion, to suspend or remove the affected Product listing upon discovery of a Pricing Error to prevent further Orders at the incorrect price. Notwithstanding any such removal or suspension, the Vendor shall remain fully liable for all Orders already placed and accepted by Customers prior to the correction.
The Vendor agrees to promptly notify Mayview Health upon discovering a Pricing Error and to cooperate in any measures reasonably necessary to mitigate Customer impact, including Customer communication, fulfillment adjustments, or refunds, if applicable.
Mayview Health utilizes third-party payment service providers, including payment gateways (collectively, “Payment Processors”), to facilitate and process transactions conducted through the Site. By registering and accepting this Agreement, the Vendor expressly authorizes Mayview Health and such Payment Processors to act as the Vendor’s limited payment collection agents for the purpose of receiving, processing, settling, refunding, and remitting payments on the Vendor’s behalf.
Upon successful completion of a transaction for a Product listed by the Vendor, Mayview Health shall collect the applicable payment from the Customer, deduct all applicable fees, commissions, chargebacks, refunds, or other amounts due in accordance with this Agreement and any applicable policies, and remit the net proceeds to the Vendor’s designated bank account.
Remittances to the Vendor shall be made on a bi-monthly basis, on a business day (defined as Monday through Friday, excluding applicable bank or public holidays), via Automated Clearing House (ACH) transfer or other electronic funds transfer method.
The Vendor acknowledges that settlement timelines may vary and that remittances may take approximately three (3) to five (5) business days, or such longer period as required by the relevant financial institutions, to reflect in the Vendor’s account.
The Vendor shall be solely responsible for providing and maintaining accurate, complete, and up-to-date banking and payment information. Mayview Health shall not be liable for any delay, failure, or misdirection of funds resulting from inaccurate or outdated information provided by the Vendor. In the event that an electronic transfer cannot be completed for any reason, Mayview Health reserves the right, at its discretion, to issue payment via alternative methods, including paper check.
Remittances shall be made only to bank accounts located in jurisdictions supported by Mayview Health. Mayview Health reserves the right to withhold, delay, or suspend payments to the Vendor in the event of suspected fraud, unlawful activity, policy violations, excessive returns, chargebacks, disputes, or other risk-related concerns.
In the event that any refunds, reversals, or chargebacks arise after payment has been remitted to the Vendor, the Vendor shall be solely responsible for reimbursing such amounts to Mayview Health. Mayview Health reserves the right to recover such amounts by offsetting against future payments due to the Vendor or, where insufficient funds are available, by debiting the Vendor’s registered bank account or otherwise requiring prompt repayment.
Mayview Health may, at its sole discretion, retain reserves or temporarily withhold funds to cover anticipated refunds, chargebacks, adjustments, or disputes. Such funds shall be released only after the relevant risks have been resolved and any applicable deductions have been made.
Mayview Health reserves the right to suspend or terminate services to any Vendor or Customer at its sole discretion. In cases involving suspected or confirmed fraudulent transactions, including unauthorized use of payment instruments, Mayview Health may issue a fraud notification to the Vendor. If the Vendor proceeds to ship a Product after receiving such notification, the Vendor shall bear sole responsibility for any resulting losses or liabilities.
The Vendor acknowledges and agrees that it is entitled only to the net proceeds from the sale of its Products, after deduction of all applicable fees and charges. Mayview Health may, at its sole discretion, determine the manner in which Customer payments are held, managed, or processed prior to remittance to the Vendor. Subject to this Agreement, Mayview Health shall use commercially reasonable efforts to remit payments in a timely manner, except in cases involving refunds, chargebacks, disputes, or account suspension or termination, in which case funds may be withheld until such matters are fully resolved.
All transactions conducted through the Site between a Vendor and a Customer shall be deemed to occur directly between the Vendor and the Customer, with the Vendor serving as the seller of record for all purposes. Customers shall place Orders using the Mayview Health checkout system, and Mayview Health shall collect all payment proceeds on behalf of the Vendor. By accepting this Agreement, the Vendor expressly authorizes Mayview Health to act as its limited payment collection agent for the sole purpose of receiving payments from Customers and remitting the net proceeds to the Vendor. Payment by a Customer to Mayview Health shall be deemed payment to the Vendor, and the Customer shall bear no risk of loss with respect to funds remitted to Mayview Health.
Mayview Health shall electronically transmit Order information to the Vendor as reasonably necessary to facilitate Order fulfillment. Mayview Health shall also send automated email confirmations to Customers acknowledging receipt of their Orders.
Upon transmission of an Order to the Vendor, the Vendor shall be solely responsible for, and shall bear all liability for, the fulfillment of the Order at its own expense, including but not limited to packaging, shipment, and Customer service. If the Vendor is unable to fulfill the entire quantity of a Product included in an Order, the Vendor shall cancel only that portion of the Order and fulfill all remaining items, promptly notifying Mayview Health of such cancellation. If the Vendor is unable to fulfill an Order consisting of a single Product, the Vendor shall cancel the entire Order and promptly notify Mayview Health.
The Vendor shall accurately specify shipping options, handling charges, and any other applicable fees for each Product using the Mayview Health tools and interfaces, separate from the purchase price. The Vendor shall comply with all shipping obligations in accordance with the Shipping Methods and Timing Policy provided by Mayview Health. The Vendor shall be solely responsible for all shipping costs and any liabilities arising from shipment, including without limitation, damaged, lost, late, or misdelivered Products. The Vendor shall also be solely liable for any costs arising from duplicate or inaccurate shipments caused by errors in retransmission of Order files through the Mayview Health system.
Packaging for all Products shall not include any marketing materials from the Vendor or any third party unrelated to the shipment, and any email communications sent by the Vendor to Customers in connection with an Order shall not contain marketing materials or external links, except for tracking links necessary to enable the Customer to monitor shipment status.
The Vendor shall be solely responsible for addressing and resolving all Customer disputes arising from or relating to the Products on a case-by-case basis and in a timely and commercially reasonable manner. Mayview Health may, at its sole discretion, assist or facilitate in the resolution of such disputes; however, it shall have no obligation to do so.
The Vendor agrees that it shall not directly contact, engage, or involve any affiliates, partners, contractors, or service providers of Mayview Health in connection with such disputes, as such parties are not Customers of the Vendor and bear no responsibility in relation to the Vendor’s Products.
The Vendor shall be solely responsible for managing and processing all returns, replacements, and exchanges in accordance with applicable policies and within a reasonable timeframe. In respect of any approved refunds, returns, or pricing adjustments, the Vendor shall promptly notify Mayview Health through the designated backend system. All refunds and financial adjustments to Customers shall be processed by Mayview Health on behalf of the Vendor in accordance with this Agreement.
The Vendor account may be terminated by either the Vendor or Mayview Health in accordance with this Agreement. Mayview Health reserves the right to suspend or terminate the Vendor’s account at any time, with or without prior notice, where it reasonably determines that such action is warranted based on the nature or seriousness of the circumstances, including but not limited to breach of this Agreement, legal or regulatory risk, or suspected fraudulent or unlawful activity.
Upon termination of the Vendor account for any reason, Mayview Health shall be entitled to withhold any payments otherwise due to the Vendor for a minimum period of three (3) months from the effective date of termination (the “Hold Period”) in order to account for and offset any potential refunds, returns, chargebacks, adjustments, or other liabilities arising from transactions completed prior to termination.
Following the expiration of the Hold Period, any remaining undisputed balance due to the Vendor shall be remitted, at the discretion of Mayview Health, including by issuance of a paper check payable to the Vendor’s registered business entity or through any other payment method deemed appropriate.
In the event that the Vendor owes any amounts to Mayview Health, whether arising from refunds, chargebacks, fees, penalties, or otherwise, Mayview Health shall have the right to recover such amounts by any lawful means, including but not limited to offsetting against any amounts payable to the Vendor, initiating a direct debit from the Vendor’s registered bank account (where authorized), or requiring reimbursement by the Vendor within a specified timeframe.
Mayview Health (the “Site”) is an e-commerce marketplace owned and operated by Mayview Health LLC. All intellectual property rights in and to the Site, including without limitation all copyrights, trademarks, service marks, trade names, logos, designs, content, software, and functionality (collectively, “Intellectual Property”), are and shall remain the sole and exclusive property of Mayview Health or its licensors.
Nothing in this Agreement shall be construed as granting the Vendor any rights, title, or interest in or to such Intellectual Property, except for the limited rights expressly set forth herein.
Mayview Health reserves the right, at its sole discretion and at any time, to modify, update, suspend, or discontinue any aspect of the Site, including but not limited to its content, design, features, functionality, or user interface, including any complete redesign or “look and feel” changes, without prior notice to the Vendor.
The Vendor shall not use the name, trademarks, logos, or branding of Mayview Health or Mayview Health for any purpose, including advertising or promotional activities, without the prior written consent of Mayview Health. Any approved use shall strictly comply with the brand guidelines and usage instructions provided by Mayview Health and may be revoked at any time.
The Vendor shall be solely responsible for handling all Customer returns, exchanges, refunds, and product recalls for Products sold through the Site. The Vendor must clearly disclose its return, refund, and recall policies, including any applicable fees, within the Product listing.
Mayview Health shall not be responsible for processing returns, exchanges, refunds, or recalls, but may, at its discretion, facilitate communication between the Vendor and the Customer. All financial adjustments, including refunds or chargebacks, shall be processed in accordance with the Vendor Agreement and applicable laws.
The Vendor acknowledges and agrees that Mayview Health may, where required by applicable law, act as a marketplace facilitator for the purposes of calculating, collecting, and remitting applicable sales taxes, value-added taxes, or similar indirect taxes on transactions conducted through the Site.
The Vendor shall remain solely responsible for all other tax obligations, including but not limited to income taxes, business taxes, and any indirect taxes not collected or remitted by Mayview Health.
The Vendor shall indemnify, defend, and hold harmless Mayview Health, its affiliates, officers, directors, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:
The Vendor’s obligations under this Section shall survive termination or expiration of this Agreement.
To the maximum extent permitted by applicable law, in no event shall Mayview Health or its affiliates be liable to the Vendor or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, business, or goodwill, arising out of or in connection with this Agreement, the use of the Site, or any Product transactions, whether in contract, tort, strict liability, or otherwise, even if advised of the possibility of such damages.
The total liability of Mayview Health to the Vendor for any claim arising under or in connection with this Agreement shall not exceed the total fees actually collected by Mayview Health from the Vendor during the three (3) months preceding the event giving rise to such claim.
The Vendor shall maintain the confidentiality of all non-public information disclosed by Mayview Health or otherwise obtained in connection with this Agreement, including but not limited to Customer information, pricing, business operations, product listings, marketing strategies, financial data, and trade secrets (“Confidential Information”).
The Vendor shall not, without the prior written consent of Mayview Health, disclose, publish, or use any confidential information for any purpose other than performing its obligations under this Agreement. This obligation shall survive termination or expiration of this Agreement for a period of three (3) years, except with respect to personal Customer data, which must be maintained in accordance with applicable privacy and data protection laws.
