Terms of Service
Last Updated: January 2nd, 2025
Welcome to Viral Coach, LLC, a suite of services, products, and information provided by Viral Coach (collectively referred to as "Viral Coach" 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, resources, or documents provided by or 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:
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, including both members of our Viral Coach Skool Community ("members") and those enrolled in the Viral Coach Program ("clients"), collectively known as "users".
In some cases, the responsibilities of individuals and businesses engaging our services 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 15-16). In accordance with these terms, Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in Section 15.
These terms form an essential basis of our agreement.
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.
Viral Coach reserves 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.
Table of Contents
Website Use
Website User Conduct and Restrictions-License Terms
Our Privacy Statement and Your Personal Information
Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts
Order Placement and Acceptance
Refunds & Payment terms
Subscription Terms and Automatic Payment
Products, Services, and Prices
Disclaimer - your individual results will vary
Your Responsibilities Running a Business and Social Media presence
Testimonials, reviews, and pictures/videos
Compliance with the law, including commitment against harassment and interference with others
Disclaimers of other warranties
Limitations of liabilities
Dispute resolution by mandatory binding arbitration and class action waiver
Viral Coach's Additional Remedies
Indemnification
Notice and Takedown Procedures; Copyright Agents
Third-Party Links
Termination
No Waiver
Governing Law and Venue
Force Majeure
Electronic Signature
Changes to the Agreement
Your Additional Representations and Warranties
Severability
Entire Agreement
Contacting Us
1. 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.
2. Website User Conduct and Restrictions-License Terms
All aspects of our website and all assets released to you through fulfillment of our various services 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 a subscription to Viral Coach’s online materials or other services, 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, through our services, or through the use of any software or hardware, including, but not limited to, refraining from:
1. 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;
2. “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 and review sites) 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.
3. 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.
4. 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 (https://www.viralcoach.com/vc-privacy). 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.
4. Information You Provide, Registration, & Passwords
As a Viral Coach user or a prospective user, 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.
5. Order Placement and Acceptance
If you purchase a service or product, payment must be received by us before your purchase is accepted. 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. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@viralcoach.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All services are subject to availability. We will notify you if any service is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific 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.
We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover as well as other secure payment methods supported by our third-party payment processor.
When placing an order online, you will need:
(1) The address the card’s statement is sent to (billing address);
(2) The card number and expiration date; and
(3) The three (3) or four (4) digit code found only on the card (CVV2 code).
By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
6. Refunds & Payment Terms
Viral Coach Skool Community
Certain of our products and services including but not limited to membership within the Viral Coach Skool Community are subject to a 24 Hour right of rescission where you, the buyer, may cancel within 24 Hours of your initial payment.
After the 24 Hour window, no refunds will be provided. However you can elect to cancel your membership to the Viral Coach Skool Community at any time via the billing management tools within your Skool account. Should you cancel your membership, you will retain access until the end of the current billing cycle, at which time access will be suspended and you will no longer be billed.
You may re-enroll at any time.
Viral Coach Program
As the Viral Coach Program is our top level coaching program designed to help you get where you want to go, and we are committed to working with you to make that happen, enrollment in the Viral Coach Program entails a six (6) month membership for which you can pay in full up front, or take advantage of our in-house no-cost financing to pay weekly throughout the service term.
The first payment is non-refundable. The first payment immediately unlocks access to all program materials and resources, as well as an initial Consultation Call to be scheduled within a week of the first payment. Should you decide not to move forward after the Consultation Call you can cancel your membership within 24 hours of the Consultation Call by providing written notice to Viral Coach via support@viralcoach.com or via your private communication channel with us.
After the 24 hours have passed and work has commenced, you cannot cancel, terminate, or otherwise exit your membership without a mutual release between you and Viral Coach.
Continuing Services
Beginning on the first day after your six (6) month membership in the Viral Coach Program has elapsed, unless communicated in writing before the end of your service term, you will be automatically enrolled in our continued support program, in which you will be billed at the same weekly rate for ongoing support from the Viral Coach team, as well as continued use/licensing of proprietary and confidential information, know-how, materials, etc.
You may elect to cancel your participation in the continued support program at any time by providing no less than seven (7) calendar days written notice to Viral Coach.
Resolution of Charges
While the company desires to make every client happy, it understands not everyone will find satisfaction in their experience. For this purpose, you agree to contact us before you attempt to file any dispute or chargeback with your bank or credit card.
We will report disputes without a factual basis as fraud, and we reserve the right to send such claims to collections or in some cases we may bring suit. You may reach customer support about concerns at any time by emailing them at support@viralcoach.com.
Fair Usage Policy
By using any services, materials, content, training, or products provided by Viral Coach, you agree to our Fair Usage Policy which states that if at any time it is determined that you are taking unfair advantage of our offerings, being abusive to staff or fellow community members, soliciting within the community, or engaging in any activity deemed illegal or unethical, you may be removed from our programs without any compensation or refund.
7. Subscription Terms and Automatic Payments
A Viral Coach user is responsible for paying all sums due to Viral Coach in connection with their subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the recurring fee is a condition of access, or if you have not canceled the automatic subscription with us. Every billing cycle, your account will be charged the subscription fee plus any accumulated charges for the past period (collectively “Fees”).
Failure by the Viral Coach user to use any of the services available through the service provided by Viral Coach does not relieve the Viral Coach user of their payment obligations under these Terms. Users can pay by credit card, debit card, or other secure payment method via our third-party payment processor. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.
You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly or weekly basis, and for a specific amount).
Viral Coach reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Viral Coach starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses. In addition to any Fees, Viral Coach may also charge applicable value added or other tax.
8. 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 email notice to you.
Price changes are effective on the first day of the billing cycle after the price change is posted. 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 e-mail notice has been provided to you.
Viral Coach takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the services available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that Viral Coach does not warrant that product or service descriptions are accurate, complete, current, or error-free. All sales are deemed final except as provided otherwise. Viral Coach descriptions of, or references to, products or services not owned by Viral Coach are not intended to imply endorsement of that product or service or constitute a warranty by Viral Coach.
Program Deliverables
Our services and offerings are updated frequently to keep up with the constantly-changing landscape of social media, so not every service we can offer may be listed here. However, you can expect these to be included at a minimum.
Viral Coach Skool Community (Monthly or Annually)
• Viral Coach Proprietary Social Media Program & Course Materials
• Limited License to use all social media training documents, databases, automations, posting templates, editing tutorials, assets, hiring guidelines, SOPs, ect. included in the Course.
• Access to our Proprietary Content Creation AI
• Free HighLevel Account with our Automations & Email Templates
• Full Service Staffing for Editor/Social Media Manager
• Weekly Group Coaching
• Unlimited Q&A with our team via Skool
Viral Coach Program (6 Months)
Viral Coach Proprietary Social Media Program & Course Materials
• Limited License to use all social media training documents, databases, automations, posting templates, editing tutorials, assets, hiring guidelines, SOPs, ect. included in the Program and Course.
Private Communication Channel
• Direct access to our team of experts to quickly answer questions during business hours, (9am to 5pm AKT, Monday through Friday)
Private coaching calls
• 1-1 sessions with a dedicated Coach to implement program material, receive feedback, get guidance on any aspect of the content creation process, and consult on both paid and organic traffic strategy.
Full-Service Staffing & Support
• For hiring and training social media related roles to support content creation, growth, and management on your own team. Including curating candidates, facilitation candidate hiring, providing training and resources for hired candidates, plus our Staffing Satisfaction Guarantee.
Access to Posting & Analytics Platform
• Our team integrates your accounts with our cross-platform posting tool to streamline your content management, save time, and provide real-time performance data for six months.
Organic Funnel Strategy & Implementation Support
• For establishing a fully-automated, proven two-step funnel for your content to increase engagement and bring in leads.
Weekly Assessments
• Each week you submit required content to your Coach, who will assess your social media progress on a weekly basis and provide feedback.
PLUS Unlimited access to the Viral Coach Skool Community for one year
• Access to our Proprietary Content Creation AI
• Free HighLevel Account with our Automations & Email Templates
• Full Service Staffing for Editor/Social Media Manager
• Weekly Group Coaching
• Unlimited Q&A with our team via Skool
Staffing Services
Viral Coach may source and recommend potential candidates to you for the purpose of potential employment in roles that facilitate operation of the your personal brand on social media, including video editors, social media managers, and virtual assistants. However, you acknowledge that any recommendations made by Viral Coach are made in an advisory capacity only.
Viral Coach will employ all reasonable efforts to recommend only the most suitable candidates based on candidate resumes, portfolios, proposed compensation, and other benchmarks of quality and performance. We will provide you with a selection of candidates. Once candidate recommendations are provided, you acknowledge that any delays in the selection and hiring process may impact a candidate’s availability. If you take an extended period to make a hiring decision, the recommended candidate(s) may accept other job offers during this time and become unavailable.
Viral Coach is not liable for any missed opportunities or unavailability of candidates due to delays in the selection and hiring process.
It is expressly understood that the final decision to hire any candidate rests solely with you. Viral Coach shall have no liability or responsibility for the hiring process, employment relationship, or any consequences arising from your decision to hire or not hire a suggested candidate. You are solely responsible for compliance with all relevant employment regulation and applicable tax or business laws governing hiring contract-based employees in your locale.
Should you choose to hire any candidate recommended by Viral Coach while you are an active user of Viral Coach services, the we will provide training resources, documentation, and ongoing guidance to facilitate the candidate’s training and performance for as long as you are an active user of our programs and services.
Staffing Satisfaction Guarantee
Once hired by you, Viral Coach provides a 30-day satisfaction guarantee for each candidate we recommend, starting on the day they are officially onboarded into your organization.
If a candidate quits or is fired within the 30 day guarantee period, Viral Coach will provide you with a replacement candidate with a new 30 day guarantee period. In order to be eligible, you must be able to complete the recruiting process within 2 weeks from the first candidate recommendation provided by the Company.
Candidate replacements are only valid until 30 days after your last day as an active user of Viral Coach services. In the event where a candidate needs to be replaced and you are no longer an active user, that candidate will be replaced, but that following candidate will not have a 30 day guarantee.
All staffing requests must be initiated while you are an active user, and will expire on your last day of active membership with Viral Coach.
We pride ourselves on providing great opportunities for the candidates we recommend, and so the Staffing Guarantee we provide is contingent upon ethical practice on your part, including:
-Fair treatment of all candidates we recommended to you.
-Reasonable opportunity provided to each candidate hired to learn the job, demonstrate their abilities, and integrate into your workflow before invoking the Staffing Guarantee for a replacement.
-Should Viral Coach become aware of any unethical practice impacting recommended candidates, we reserve the right to halt staffing services and discontinue the Staffing Guarantee.
9. 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. Those businesses who purchase our products or services will receive access to our course and training. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our 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, “get rich quick” program, guaranteed system, 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 tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics.
10. 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.
11. Testimonials, Reviews, and Pictures/Videos
Viral Coach is happy to hear from users 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.
12. Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”)
As a Viral Coach user, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Viral Coach from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Viral Coach relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Viral Coach. You further understand and agree that Viral Coach has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, Instagram direct messages (DMs), and internet browser notifications. Viral Coach DOES NOT WARRANT THAT ANY Viral Coach MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
13. 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.
14. 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.
15. Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver
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.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these terms as a court would.
If you have a complaint, dispute, or controversy, you agree to first contact us at support@viralcoach.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 90 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”) for any controversy or claims by users located in the United States, or the International Centre for Dispute Resolution ("ICDR") for users located in countries outside of the United States, and judgment on the award rendered may be entered in any court having jurisdiction thereof.
We agree that any claim we may have against you or your business will also be subject to his arbitration provision, except as provided below. The arbitration will be conducted by a single neutral arbitrator in the English language in United States Jurisdiction. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. Likewise the ICDR's Rules are available at https://www.icdr.org/ or by calling 1-212-484-4181. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Viral Coach.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Alaska without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Viral Coach agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Viral Coach expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Viral Coach, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
You understand that you and your business would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration in accordance with this arbitration provision.
16. Viral Coach's Additional Remedies
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 Anchorage, Alaska for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
17. 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.
18. Notice and Takedown Procedures; Digital Millennium Copyright Act
If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Viral Coach a notice requesting that Viral Coach remove the materials or content from the Website. These Terms fully incorporate by reference the DMCA Policy.
19. 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.
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 their Transaction terms governing purchases, subscriptions, cancellation, and refunds.
20. Termination
This Agreement will take effect (or shall re-take effect) at the time you click “SUBSCRIBE“, “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” 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 in payment method information, whichever is earliest.
If, in our sole discretion, you fail, or we suspect that 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 Website at any time without notice to you. Sections 6, 17, 19 through 28 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Viral Coach. Upon termination, you remain responsible for any outstanding payments to Viral Coach.
21. 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.
22. 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 17 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.
23. Force Majeure
Viral Coach will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.
24. 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.
25. 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.
26. Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Viral Coach has the right to rely upon all information provided to Viral Coach by you, and Viral Coach may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Viral Coach of the same within 24 hours. Viral Coach at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Viral Coach without incurring any obligation or liability to you
27. Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
28. Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Viral Coach and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Viral Coach. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
29. 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, you agree 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 your signature and agreement that Viral Coach and its representatives may contact you by telephone (including at my wireless telephone number), email, SMS, or pre-recorded message at the information you have provided through this website, and you understand and agree that this consent applies even if your 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.
You agrees that you are solely responsible for any and all third-party fees you 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 voice messages, 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.
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