Terms and Conditions
Last Updated: May 20th, 2024
Welcome to Viral Coach, a suite of services, products, and information provided by Viral Coach LLC to be referred to as ("Viral Coach", "we", "us", or "our") hereafter. We provide access to a website ("site") comprised of various pages operated by us, as well as varying products and services as detailed therein. When you visit or shop at www.viralcoach.com, use Viral Coach products or services, or use software provided by or documents related to Viral Coach in connection with any of the foregoing (collectively, “Viral Coach Services”). Viral Coach provides these services subject to the following conditions:
1. Agreeing to these Terms and Conditions
We offer a range of services, depending on your needs. Individuals come to Viral Coach to learn, purchase content, or engage our agency services. A majority of these Terms and Conditions will apply to both individuals and businesses that engage with us. In some cases, the responsibilities of individuals purchasing content and businesses providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.
IMPORTANT:
Please carefully read and understand these Terms and Conditions of Use & Sale (collectively "Terms") before accessing, using, subscribing to, or purchasing anything via www.ViralCoach.com or any of our sites or online resources which link to these Terms.
These Terms contain Disclaimers of Warranties and Limitations of Liabilities, including Arbitration and Class Action Waver provisions that waive your right to a Court Hearing, Right to a Jury Trial, and Right to Participate in a Class Action (see Sections 16-20). In accordance with these terms, Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in Section 18.
These terms form an essential basis of our agreement.
2. General Use
The use of www.viralcoach.com or other sites or online resources to which these Terms are linked (each, a “website”), owned and maintained by Viral Coach, LLC (“Viral Coach",” “we,” “our,” “us”), are governed by these Terms. We offer the website, including all information, tools, and services available from the website, to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing to, or placing an order over the website, you and your business (including any sub-users, contractors, or affiliates you may have) agree to the terms and conditions set forth herein.
If you do not agree to these Terms in their entirety, you are not authorized to use the website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. These Terms, together with our Privacy Policy, form a legally binding agreement (the "Agreement") between you and your business ("you") and Viral Coach. This agreement governs your access to and use of the website and the services provided by Viral Coach, any order you place (through the website, by telephone, by email, or by any other accepted method of purchase), and, as applicable, your use or attempted use of the products and services offered on or available through the website.
Please print and retain a copy of this agreement for your records.
We reserve the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here.
Use of the website after such changes constitutes acceptance of such changes. Any new features or tools that are added or linked to the current website shall also be subject to the Terms.
3. Website Use
The website is intended for businesses operated by adults. If you use the website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
4. Third Party Links
The Website may contain links to other websites. The views, information or opinions expressed or otherwise publicized on our online and mobile resources are solely those of the creators or contributors and not those of Viral Coach.
Viral Coach is not responsible for and does not verify the accuracy of any of the information contained in any such content. Viral Coach assumes no responsibility for the content or functionality of any non-Viral Coach website to which we provide a link. Please see our Privacy Policy for more details.
A. Stripe
Viral Coach may use a third-party payment processor such as Stripe in order to collect payment. By making a purchase through Stripe for any products or services provided by Viral Coach, you are subject to Stripe's own Terms of Service and Privacy Policy, separate from and in addition to these Terms set forth by Viral Coach.
B. Skool
Some products and services provided by Viral Coach are hosted through Skool.com via https://www.skool.com/viralcoach/
In order to access these products and services you must create an account through Skool.com, and as a user you are subject to Skool's own Terms of Service and Privacy Policy, especially those regarding Acceptable Use, Non-solicitation, and Transaction terms governing purchases, subscriptions, cancellation, and refunds.
5. Website User Conduct and Restrictions
All aspects of our website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever.
The Viral Coach trademark and logo are proprietary marks of Viral Coach, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Viral Coach.
Subject to your compliance with all Terms, Viral Coach provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, and non-transferrable license to use the website. You acknowledge and agree that you do not acquire any ownership rights to any material protected by intellectual property laws.
If you purchase access to Viral Coach’s online materials, Viral Coach provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to access the provided materials. You acknowledge and agree that:
(1) the content is copyrighted material under United States and international
copyright laws and is exclusively owned by Viral Coach;
(2) you do not acquire any ownership rights in the content or intellectual property;
(3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content;
(4) except as otherwise expressly permitted under copyright law, you may not
copy, redistribute, publish, display or commercially exploit any material from the content without the express written permission of Viral Coach;
(5) in the event of any permitted copying (e.g., from the Website to your
computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the website or any material or content provided by Viral Coach, whether alone or in conjunction with other content, in any unlawful manner or in a manner harmful to Viral Coach.
You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the website or through the use of any software or hardware, including, but not limited to, refraining from:
6. HARMFUL ACTS
Defined as:
- Any dishonest or unethical practice;
- Any violation of the law;
- Infliction of harm to the reputation of Viral Coach;
- Hacking and other digital or physical attacks on the website;
- Scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted;
- Introducing, transmitting, or storing viruses or other malicious code;
- Interfering with the security or operation of the website;
- Framing or mirroring the website;
- Creating, benchmarking, or gathering intelligence for a competitive offering;
- Infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship;
- Intercepting or expropriating data;
- Violation of the rights of Viral Coach or any third party;
7. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.
We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to the reputation of Viral Coach and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
8. OFFENSIVE COMMUNICATIONS.
Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
9. SENSITIVE INFORMATION.
You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by, or connected to Viral Coach any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health, or financial information of any kind.
We respect your privacy and the use and protection of your non-public personal information. Your submission of personal information through the website is governed by our Privacy Policy.
Our Privacy Policy may be viewed here. Viral Coach reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.
7. Information You Provide, Registration, & Passwords
As a Viral Coach user, even as a non-purchasing prospective client, you will be required to provide some basic personal information to establish a client profile with Viral Coach. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person.
You are responsible for maintaining the confidentiality of any password(s) you may use to access Viral Coach materials, resources, and channels of communication, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party.
You are fully responsible for all transactions with, and information conveyed to you as a Viral Coach user/client, including technical information, pricing, business strategy, and data about other past or current Viral Coach users or their customers.
8. Order Placement and Acceptance
If you purchase a service or product, payment must be received by us before your purchase is finalized. We may require additional information regarding your purchase if any required information is missing or inaccurate, and we may cancel or limit an order at any time after it has been placed. Automated electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.
We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
9. Refunds/Chargebacks
Please see our Payment Terms & Refund Policy for more detail.
10. Products, Services, and Prices
Products, services, and prices are subject to change.
Viral Coach reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following thirty (30) day email notice to you.
Price changes are effective on the first day of the billing cycle after the price change is posted and the 30-day notice period has passed. By accessing, using, subscribing to, or placing an order over the website, you authorize Viral Coach to charge your account in the amount indicated for the value of the services you select, including any future price changes.
By your continued use of Viral Coach services, and unless you terminate your services as detailed herein, you agree that Viral Coach may charge your chosen payment method in a recurring manner for the products and services you have selected, and you consent to any price changes for such services after written notice has been provided to you.
11. Disclaimer – Your Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures and offering different products and services. Therefore, individual results will vary from user to user. Your individual results will vary depending on a number of factors unique to you and your business model, including but not limited to your content, business structure, and product and service offerings.
Viral Coach does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Viral Coach will not at any time provide sales leads or referrals to you or your business. Further, we do not make earnings claims, effort claims, return on investment claims, or claims that our program, software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back.
We do not sell a business opportunity, a “get rich quick” program, an instant solution, a franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. Instead, you should purchase with the understanding that using the information and training purchased will take time and effort, and may be applicable in some situations but not others.
Also, we do not offer any business, tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
12. Your Responsibilities in Running Your Business and Social Media presence
You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Viral Coach's products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose, including to misrepresent the nature of your goods and services offered to viewers via social media.
You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business and your social media presence on all platforms, including, but not limited to, all laws governing advertising and marketing claims, misinformation, community guidelines, and all additional regulations regarding your publicly visible content on social media.
You agree to notify Viral Coach if any investigation or lawsuit is threatened or filed against you, whereupon Viral Coach shall have the right to terminate this Agreement without liability. Viral Coach shall have no liability for your violation of any laws or policies set forth by each individual social media platform.
You agree to indemnify Viral Coach as set out below in the event that you and/or your business violate any law and a claim is threatened or asserted against Viral Coach as a result.
13. Testimonials, Reviews, and Pictures/Videos
Viral Coach is happy to hear from users and customers and welcomes your comments regarding our services and products. Viral Coach may use testimonials and/or product reviews in whole or in part, together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Viral Coach services or products, in print and online media, as Viral Coach determines in its sole and exclusive discretion.
Testimonials represent the unique experience of the participants and customers submitting the testimonial and do not necessarily reflect the experience that you may have using our services or products. Your results will vary depending upon a variety of factors unique to and beyond Viral Coach’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and by providing them, you grant Viral Coach a royalty-free, worldwide, perpetual, nonexclusive, and irrevocable license to use them.
Additionally, Viral Coach reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Viral Coach shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Viral Coach reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Viral Coach a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Viral Coach and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Viral Coach for all claims resulting from content you supply. Viral Coach has the right but not the obligation to monitor, edit, or remove any activity or content. Viral Coach takes no responsibility and assumes no liability for any content posted by you or any third party.
14. Disclaimer of Warranty
We will always make a good faith effort to ensure all of the products, materials, services, information, and sites we provide are maintained to the utmost standards of accuracy, quality, and security. However, because we do rely on integrations and partnerships with a number of affiliates in order to operate Viral Coach, we cannot expressly guarantee the same for all of our partners, whose conditions are outside of our control. Thus, except where otherwise inapplicable or prohibited by law:
The website and all content are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied fitness for a particular purpose.
We make no warranty as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website.
We do not represent or warrant that.
(a) the use of the website or any software will be secure, timely, uninterrupted, or error-free, or operate in combination with any other hardware, software, system, or data;
(b) the website, software, or services will meet youre requirements or expectations;
(c) any stored data will be accurate or reliable;
(d) the quality of any products, services, software, information, or other materials purchased or obtained by you through the website will meet your requirements or expectations;
(e) errors or defects in the website will be corrected;
(f) the website or the server(s) that make the website available are free of viruses or other components.
All conditions, representations, and warranties, whether express, implied, or otherwise, are hereby disclaimed to the maximum extent permitted by applicable law.
15. Limitation of Liabilities
Except where otherwise prohibited by law, in no event shall Viral Coach and any of its officers, directors, stakeholders, employees, independent contractors, service providers, or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims arising from or related to this agreement, the Privacy Policy, the services or products, your or a third party's use or attempted use of the website or any software, service, or product, regardless of whether Viral Coach has had notice of the possibility of such damages, fees, costs, or claims.
This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute products or services, or any other indirect, special, incidental, punitive, consequential, or other damages.
This applies regardless of the manner in which such damages are allegedly caused and on any theory of liability, whether for breach of contract, tort (including negligence), warranty, or otherwise.
16. Dispute Resolution
Please read this arbitration provision carefully to understand your rights.
Except where prohibited by law, you and your business agree that any claim that you or your business may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury.
The rights you and your business would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that all such claims must be brought on an individual, non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding.
If you have a complaint, dispute, or controversy, you agree to first contact us at support@viralcoach.com to attempt to resolve the issue informally. Any claim arising out of or related to the use of the website, any product, service, or software, these Terms, the Privacy Policy, or your relationship with us that cannot be resolved through such informal process or through direct negotiation shall be resolved by binding, confidential arbitration.
17. Intellectual Property Infringement
In order to prevent or limit irreparable injury to Viral Coach, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Viral Coach or a third-party, Viral Coach shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Alaska restraining such breach, threatened breach, infringement, or threatened infringement.
Nothing in this Agreement shall be construed as prohibiting Viral Coach from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Palmer, Alaska for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
18. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Viral Coach, its directors, officers, employees, stakeholders, independent contractors, and agents from any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
19. Termination
These Terms will take effect (or shall re-take effect) at the time you click “Join Now,” “Take the Next Step”, “Submit”, “Buy Now”, “Purchase”, “I Accept”, “I Agree”, "Pay", or similar links or buttons, otherwise submit information through the website, respond to a request for information, begin installing, accessing, or using the website, complete a purchase, select a method of payment, and/or enter payment method information, whichever is earliest.
If, in our sole discretion, you have failed to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Viral Coach or otherwise, we may terminate the Agreement or suspend your access to the products and services at any time without notice to you. Sections of this Agreement regarding Non-disclosure, Intellectual Property Infringement, Limitation of Liabilities, and Indemnification shall survive the termination of this Agreement and/or your relationship with Viral Coach. Upon termination, you remain responsible for any outstanding payments to Viral Coach.
20. No Waiver
No failure or delay on the part of Viral Coach in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Viral Coach.
21. Jurisdiction, Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Policy, or any matter concerning Viral Coach, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Alaska without regard to its conflicts of laws principles.
To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 18 above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Alaska, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
22. Electronic Signature
All information communicated on the website is considered an electronic communication. When you communicate with Viral Coach through the website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
23. Changes To The Agreement
You can review the most current version of the Terms at any time here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy located at (https://www.viralcoach.com/vc-privacy) by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to the Agreement constitutes acceptance of those changes.
24. Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@viralcoach.com.
If you have any questions or inquiries concerning any of the Terms, you may contact Viral Coach by email at support@viralcoach.com or by regular mail at
Viral Coach, LLC
PO BOX 3626
Palmer, Alaska 99645
Note on how we can communicate with you:
By agreeing to our Terms, a prospect agrees to receive email, phone, and automated prerecorded voice message solicitations from Viral Coach. You also agree to be contacted on a recurring basis for as long as you are a part of our SMS/MMS mobile message marketing program.
Filling out any forms on our pages constitutes my signature and agreement that Viral Coach and it’s representatives may contact me by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information I provided through this website, and I understand and agree that this consent applies even if my number is listed on a state or federal do-not-call list. By filling out any of our forms, you also agree that you cannot “build a case” against Viral Coach (by counting infractions per solicitation) because by submitting any forms or filling out any information you are signifying that you are requesting to be contacted by email, including SMS, text, pre-recorded phone calls.
Message and data rates may apply.
Prospect agrees he/she is solely responsible for any and all third-party fees a prospect may incur when being contacted by Viral Coach and its representatives.
Please DO NOT digitally sign this agreement by submitting any forms on any of our websites if you do not agree with our terms and conditions.
To unsubscribe from email, phone, sms, or robo-dialing mediums please send an email to support@viralcoach.com with the subject line "UNSUBSCRIBE" and include the phone number and or email address you wish to be removed.
Copyright©2024 All Rights Reserved by Viral Coach, LLC.