THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE AND OLDER. BY USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
Accessing the Website and Account Security
We reserve the right, at any time and in our sole discretion, to modify, suspend, or discontinue the Website or any content, feature, or product offered through the Website, with or without notice. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You agree that we will not be liable to you or any third party as a result of any modification, suspension, or discontinuance of the Website or any content, feature, or product offered through the Website.
We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.
By using the Website and/ or Services or creating an account with Vuports (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by Vuports. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Vuports.
You agree that your Account will be for your exclusive use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Vuports will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity or transactions occurring through your Account, including any charges made to your Account. You agree to immediately notify Vuports if there has been any unauthorized activity on your Account or if you suspect that there has been a breach in security of your Account.
When you place an order through the Website, you are authorizing us to charge your credit card, debit card, or other method of payment for the total amount of your order (including any shipping and handling charges and taxes). The Company uses a third party merchant account provider to process all credit card and debit card payments for orders placed through the Website. You agree that once payment has been processed, we are not responsible or liable for any errors in charges, refunds, or other issues with regard to the processing of payment. You will bear all costs associated with disputed credit card charges which result in action from the Company’s merchant account provider. The Company is not obligated to provide refunds, reimbursements, or credits, but may grant them in its sole discretion under extenuating circumstances. The Company is not responsible for any losses relating to fraudulent charges or other deceptive practices outside of the Company’s control.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit the number of products purchased per person, household, or order. A limit may be placed on orders placed by or associated with the same person, customer account, credit card, shipping address, or billing address. We further reserve the right to cancel or modify any orders placed with us, in our sole discretion. We will attempt to notify you of a modification to or cancellation of your order by using the contact information you provided when placing the order. We specifically reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel or modify orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
You represent and warrant that you will not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive or another’s privacy, abusive, threatening, or obscene, or illegal, or infringes the copyrights (right of an owner of written material) or other intellectual property of others.
Codec Rental Cancellation Policy
VuPorts abides by the following cancellation policy for all purchased equipment:
- No refunds are permitted on orders placed less than 168 hours (one week) in advance from 12:00 p.m. Pacific Standard Time (PST) on the scheduled day of shipment. (VuPorts, LLC operates on Pacific Standard Time)
- If an order is placed more than 168 hours (one week) in advance from 12:00 p.m. PST on the scheduled day of shipment, the following cancellation rules apply:
- 75% refund if cancellation is made within 168 hours (one week) of 12:00 p.m. PST on the scheduled day of shipment.
- 50% refund if cancelation is made within 72 hours of 12:00 p.m. PST of the scheduled day of shipment.
- No refund if cancelation is made within 72 hours of 12:00 p.m. PST of the scheduled day of shipment.
VuPorts’s service is limited to providing you with working equipment. When purchasing products through the Website, you understand that you are solely responsible for all network related issues. This may include inadequate bandwidth as well as un-prioritized bandwidth for video, less than adequate latency times, and improper configuration of the firewall. You are also responsible for making sure that your network provider has no issues that can block video conferencing traffic. Additionally VuPorts is not responsible for any attempts to make wireless video conferencing connections because of the inherent issues with the untimely delivery of video packet data. A working successful video conferencing session should have adequate network quality and resources. We recommend that you utilize the services of a qualified network consultant to make any adjustments necessary for a successful connection.
As a courtesy to our customers, we provided limited technical support for products purchased through the Website. The amount and scope of such services are within the sole discretion of the Company. The Company reserves the right to refuse, suspend, or discontinue technical support services at any time, with or without notice. Information provided to you through the Company’s technical support services is solely for informational purposes and should not be construed as professional advice or any type of agreement or contractual relationship between you and the Company.
VuPorts offers a limited warranty on products sold through the Website. A limited warranty (hereinafter defined) of ninety (90) days is provided on all video conferencing equipment endpoints, and a limited warranty of thirty (30) days is provided on all other products (collectively “Limited Warranty”). Limited Warranty shall include shall include an exchange of your equipment purchased with exactly same equipment or better. Customer shall be responsible only for the shipping charges to and from VuPorts, LLC office in San Francisco. Customer shall not be responsible for any shipping cost of product received by customer that is noted as defective by customer if VuPorts is notified within 10 Days of receipt of item. If VuPorts, LLC is unable to furnish you with an exact replacement within 3 weeks, we shall refund your entire purchase price including shipping cost. You understand and agree that the warranty begins to run from the date of receipt of the product and that you will be responsible for all shipping and insurance charges associated with replacing a product covered under the warranty. You further understand that coverage under these limited warranties is subject to the terms and conditions of any purchase order agreement entered into between you and the Company at the time of purchase. ALL products must be inspected within 10 Days of receipt for completeness. Any inspections of our products done after 10 days of receipt and where items are deemed missing by customer, VuPorts, LLC shall not obligated to replace such items.
The Polycom Extended Warranty is also available for purchase from VuPorts, LLC from several Polycom distributors. Coverage is subject to the terms and conditions of the Polycom Extended Warranty Coverage Policy, provided at the time of purchase.
The Cisco Warranties may be purchased through us as well on most products that we offer. These Warranties are offered under the terms and conditions of the Cisco Corporation.
All Polycom and Cisco Warranties, Software Upgrade Keys and Option Keys are non-refundable. Each key has been checked with the Vendors for prior non-use, which means they are not used at time of sale.
Intellectual Property Law
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of the Company, its licensors or other affiliates and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
VUPORTS, VUPORTS.COM, CONNECT GLOBALLY – VIEW LOCALLY, and all other logos, product and service names, and slogans displayed on the Website are the registered trademarks, trademarks, or service marks of VuPorts, LLC, its licensors, or affiliates. The use of any of our trademarks or service marks without our prior and express written consent is strictly prohibited. You may not use our trademarks for commercial purposes, in connection with any product or service that is not that of VuPorts, LLC, in any manner that is likely to cause confusion among consumers, or in any way that disparages or discredits VuPorts, LLC. You may not use any of our trademarks or service marks in meta tags without our prior and express written consent.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including, but not limited to, product details or specifications supplied by manufacturers. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, SERVICES OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY VUPORTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT FOR THE COMPANY’S LIMITED WARRANTY ON PRODUCTS PURCHASED AND RENTED THROUGH THE WEBSITE, VUPORTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, MATERIALS, SERVICES, OR PRODUCTS MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. VUPORTS FURTHER MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE LIMITED TECHNICAL SUPPORT SERVICES OFFERED AND PROVIDED BY THE COMPANY.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE COMPANY’S SERVICE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY THE COMPANY IN WRITING, VUPORTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTCULAR PURPOSE.
VUPORTS DOES NOT WARRANT THAT THE WEBSITE AND ALL CONTENT, MATERIALS, SERVICES OR PRODUCTS MADE AVAILABLE THROUGH THE WEBSITE OR E-EMAIL SENT FROM THE COMPANY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation on Liability
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY INFORMATION PROVIDED THROUGH THE COMPANY’S TECHINCAL SUPPORT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
UNDER NO CIRCUMSTANCE SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTIONS CONDUCTED BETWEEN USER AND COMPANY, WHETHER ARISING OUR OF OR RELATED TO BREACH OF CONTRCT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO VUPORTS IN THE SAID TRANSACTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF USER’S REMEDIES UNDER THIS AGREEMENT FAILS OF THEIR ESSENTIAL PURPOSE.
You further agree to forever release, indemnify, defend, and hold harmless Vuports, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Vuports reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.
Governing Law and Arbitration
Vuports and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Vuports and you.
A party who intends to seek arbitration must first send written notice to Vuports of its intent to arbitrate (“Notice”). The Notice to Vuports should be sent by any of the following means: (A) electronic message by sending an email to email@example.com or (B) sending the Notice by U.S. Postal Service certified mail to Vuports LLC at 451 Hayes St., San Francisco, CA 94102. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Vuports may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
You agree that, by entering into this Agreement, you and Vuports are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Vuports agree that YOU AND VUPORTS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
Waiver and Severability
Your Comments and Concerns
Thank you for visiting the Website. Please send any questions or comments regarding this Website or the Service to:
1101 5th Avenue Suite 215
San Rafael CA 94901