1. WEBSITE AND BUSINESS PURPOSE
Viral Vamp provides sourcing, distribution, logistics, fulfillment, ecommerce, marketplace management, operational support, brand management, and related business services.
The Website is provided primarily for informational and business purposes. Information describing our capabilities, services, processes, experience, or potential engagements is general in nature and does not constitute a binding offer, guarantee, or commitment to provide any particular service.
The specific scope, pricing, deliverables, obligations, timelines, and other terms applicable to a client engagement are determined by the written agreement governing that engagement.
2. SEPARATE CLIENT AGREEMENTS
Clients may enter into separate written agreements with Viral Vamp, including service agreements, management agreements, statements of work, order forms, purchase agreements, or other executed agreements (“Client Agreements”).
Any Client Agreement remains independently binding and enforceable according to its terms. If these Terms conflict with an executed Client Agreement, the Client Agreement controls with respect to the services governed by that agreement.
Updates or amendments to these Website Terms do not amend, replace, terminate, or otherwise modify an existing Client Agreement unless expressly agreed to in writing by Viral Vamp and the applicable client.
Nothing contained on the Website shall be interpreted as expanding Viral Vamp's obligations beyond those expressly agreed to in an applicable Client Agreement.
3. BUSINESS USERS AND AUTHORITY
The Website and Viral Vamp's services are intended primarily for commercial and business purposes.
If you access the Website, communicate with Viral Vamp, or enter into a business relationship on behalf of a corporation, limited liability company, partnership, or other entity, you represent that you are authorized to act on behalf of that entity.
Nothing in these Terms creates a partnership, joint venture, fiduciary, employment, franchise, or agency relationship between you and Viral Vamp.
4. NO GUARANTEES
Viral Vamp does not guarantee any particular business outcome.
Without limiting the foregoing, Viral Vamp makes no guarantee regarding sales, revenue, profitability, margins, growth, customer demand, inventory performance, product performance, marketplace performance, account status, approvals, authorizations, supplier availability, distribution opportunities, product availability, fulfillment performance, or any other commercial result.
Business outcomes depend on numerous factors outside Viral Vamp's control, including market conditions, customer demand, pricing, inventory availability, supplier performance, manufacturer decisions, third-party marketplace policies, competition, logistics, carrier performance, regulatory requirements, and the client's own decisions and operations.
No statement made on the Website or in general marketing materials should be interpreted as a guarantee of future performance.
5. THIRD-PARTY PLATFORMS AND SERVICES
Viral Vamp may interact with or provide services involving third-party marketplaces, ecommerce platforms, payment processors, carriers, warehouses, manufacturers, brands, distributors, suppliers, software providers, advertising platforms, and other third parties.
Viral Vamp does not own or control these third parties and cannot guarantee their continued availability, conduct, decisions, policies, performance, or approval of any account, product, listing, transaction, or business activity.
Third parties may change their rules, algorithms, eligibility standards, fees, policies, systems, or enforcement practices at any time.
Except to the extent expressly provided in an applicable Client Agreement, Viral Vamp is not responsible for suspensions, restrictions, deactivations, listing removals, account actions, shipment delays, inventory restrictions, policy changes, supplier decisions, carrier delays, platform outages, or other actions or failures of third parties.
6. ACCURACY OF WEBSITE INFORMATION
We endeavor to maintain accurate information on the Website but do not warrant that all information will always be complete, accurate, current, or error-free.
Service descriptions, availability, pricing, capabilities, and other information may change without notice.
You are responsible for independently evaluating information relevant to your business decisions.
7. PAYMENTS AND FEES
The prices, fees, payment schedules, payment methods, renewal obligations, and other financial terms applicable to Viral Vamp's services are governed by the applicable Client Agreement, invoice, purchase order, order form, or other written arrangement between Viral Vamp and the client.
Clients are responsible for providing accurate payment information and paying all amounts when due.
If a payment is reversed, rejected, disputed, or charged back without a valid contractual or legal basis, Viral Vamp may, to the extent permitted by applicable law and the applicable Client Agreement, suspend services and pursue outstanding amounts, processing costs, chargeback fees, collection expenses, and other available remedies.
Nothing in these Terms eliminates any non-waivable rights provided by applicable law.
8. NO REFUNDS
Except where expressly provided in a written Client Agreement signed by Viral Vamp or where required by applicable law, all fees and payments made to Viral Vamp are final and non-refundable.
Dissatisfaction with business performance, market conditions, third-party decisions, product performance, sales results, profitability, or other business outcomes does not independently create a right to a refund.
Any additional refund, credit, cancellation, or termination rights are governed exclusively by the applicable Client Agreement.
9. INTELLECTUAL PROPERTY
The Website and its content, including its text, graphics, logos, trademarks, service marks, designs, photographs, videos, documents, processes, software, layouts, and other materials, are owned by or licensed to Viral Vamp and are protected by applicable intellectual-property laws.
Except as expressly permitted in writing, you may not reproduce, copy, distribute, modify, publish, transmit, sell, license, scrape, commercially exploit, reverse engineer, or create derivative works from Website materials.
Viral Vamp grants you a limited, revocable, non-exclusive, non-transferable license to access the Website solely for legitimate personal or business evaluation purposes.
10. ACCEPTABLE USE
You may not use the Website or Viral Vamp's systems to:
- Violate any applicable law or regulation;
- Commit or facilitate fraud or other unlawful activity;
- Gain unauthorized access to systems, networks, accounts, or information;
- Introduce malware, viruses, malicious code, or other harmful technology;
- Scrape or systematically extract Website information without permission;
- Interfere with the operation or security of the Website;
- Impersonate Viral Vamp or another person or entity;
- Infringe intellectual-property or privacy rights; or
- Use Viral Vamp's name, materials, systems, or services in a misleading or unauthorized manner.
We may restrict or terminate Website access for conduct we reasonably believe violates these Terms.
11. CONFIDENTIAL AND PROPRIETARY INFORMATION
Nothing contained on the public Website should be considered confidential information of Viral Vamp unless expressly identified otherwise.
However, nonpublic information provided in connection with an actual or proposed business relationship—including pricing, supplier information, sourcing methods, operational processes, internal documents, product opportunities, business strategies, and proprietary materials—may be subject to confidentiality obligations contained in a Client Agreement, nondisclosure agreement, or other applicable agreement.
12. FEEDBACK AND COMMUNICATIONS
If you voluntarily provide ideas, suggestions, or general feedback concerning Viral Vamp's Website or services, you grant Viral Vamp the right to use that feedback for legitimate business purposes without compensation or obligation to you.
This provision does not transfer ownership of confidential client information, proprietary business materials, reviews, photographs, or other intellectual property merely because such material is communicated to Viral Vamp.
13. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ANY INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
VIRAL VAMP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND FITNESS FOR ANY PARTICULAR BUSINESS OBJECTIVE.
VIRAL VAMP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION, ERROR, SECURITY INCIDENT, OR OTHER TECHNICAL ISSUE.
ANY WARRANTIES RELATING TO SPECIFIC SERVICES ARE GOVERNED EXCLUSIVELY BY THE APPLICABLE CLIENT AGREEMENT.
14. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIRAL VAMP LLC AND ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE, THESE TERMS, OR SERVICES PROVIDED BY VIRAL VAMP, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, INVENTORY VALUE, OR USE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIRAL VAMP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY SERVICES TO WHICH NO DIFFERENT CONTRACTUAL LIABILITY LIMIT EXPRESSLY APPLIES SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
Where an applicable Client Agreement contains its own limitation of liability, that provision controls.
The limitations contained in this section apply to the fullest extent permitted by law and shall not apply to liability that cannot lawfully be limited or excluded.
15. CLIENT RESPONSIBILITY AND ASSUMPTION OF BUSINESS RISK
Clients remain responsible for their own business decisions, including purchasing decisions, inventory levels, pricing, financing, account ownership, regulatory compliance, tax obligations, product selection, marketplace participation, and use of Viral Vamp's recommendations or services.
All commercial activities involve risk.
Viral Vamp is not responsible for losses resulting from a client's independent business decisions or from circumstances outside Viral Vamp's reasonable control except as expressly provided in an applicable Client Agreement.
16. INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Viral Vamp LLC and its affiliates, members, managers, officers, directors, employees, contractors, representatives, and agents from and against third-party claims, liabilities, damages, judgments, losses, costs, and reasonable attorneys' fees arising out of or relating to:
1. Your violation of these Terms;
2. Your violation of applicable law;
3. Your infringement or violation of another person's rights;
4. Information, products, content, instructions, or materials supplied by you;
5.Your unauthorized or unlawful use of the Website or Viral Vamp's services; or
6.Your fraudulent, deceptive, negligent, or willful misconduct.
Any additional indemnification rights or obligations applicable to a client engagement are governed by the applicable Client Agreement.
17. EVENTS OUTSIDE OUR CONTROL
Viral Vamp shall not be responsible for a delay, interruption, failure, or inability to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disputes, governmental action, customs delays, supply-chain disruptions, carrier failures, supplier or manufacturer disruptions, utility failures, internet outages, cyberattacks, platform outages, marketplace actions, changes in law or regulation, epidemics, or similar events.
This section does not excuse obligations that applicable law prohibits from being excused.
18. THIRD-PARTY WEBSITES
The Website may contain links to or integrations with websites or services operated by third parties.
Viral Vamp does not control and is not responsible for third-party websites, services, content, availability, security, terms, or privacy practices.
Your interaction with a third party is governed by your relationship with that third party.
19. PRIVACY
Use of the Website is also subject to Viral Vamp's Privacy Policy.
The Privacy Policy explains how Viral Vamp collects, uses, and discloses personal information.
20. ELECTRONIC COMMUNICATIONS
When you communicate electronically with Viral Vamp, you consent to receiving responsive communications electronically where permitted by law.
Electronic communications, records, notices, and signatures may satisfy applicable requirements that communications be in writing, subject to applicable law and any specific requirements contained in a Client Agreement.
21. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS LEGAL RIGHTS, INCLUDING THE RIGHT TO HAVE CERTAIN DISPUTES DECIDED BY A COURT OR JURY.
To the extent a dispute is governed by these Terms and is not governed by a different dispute-resolution provision contained in an applicable Client Agreement, the following provisions apply.
Informal Resolution
Before initiating arbitration, either party shall provide the other with written notice describing the dispute and requested resolution.
Notices to Viral Vamp may be sent to info@theviralvamp.com with the subject line “Legal Notice.”
The parties shall attempt in good faith to resolve the dispute for at least thirty (30) days following receipt of the notice before commencing arbitration, unless immediate injunctive or provisional relief is reasonably necessary.
Arbitration
Except for the exceptions below and to the extent permitted by law, any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the parties' relationship that is subject to these Terms shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
The arbitration shall be conducted before one arbitrator.
Unless otherwise agreed in writing, the arbitration hearing shall take place in Volusia County, Florida, although the arbitrator may permit appropriate proceedings to occur remotely.
The arbitrator shall have authority to resolve disputes concerning the interpretation, applicability, enforceability, or formation of this arbitration provision, except to the extent applicable law requires a court to resolve a particular issue.
Judgment upon the arbitration award may be entered in any court having jurisdiction.
Individual Proceedings and Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION AGAINST THE OTHER.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.
Exceptions
Either party may bring an individual claim within the jurisdiction of a small claims court.
Viral Vamp may seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, trade secrets, computer systems, or other proprietary rights.
Nothing in these Terms requires arbitration of a claim that applicable law expressly prohibits from being arbitrated.
Time for Claims
Claims must be brought within the applicable statute of limitations provided by law.
22. GOVERNING LAW AND VENUE
These Terms and any dispute not required to be arbitrated shall be governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
To the extent a dispute may properly be litigated in court, the parties consent to the exclusive jurisdiction and venue of the applicable state or federal courts serving Volusia County, Florida, except where applicable law requires otherwise.
23. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without Viral Vamp's prior written consent.
Viral Vamp may assign or transfer these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, corporate reorganization, or transfer of some or all of its business.
24. NO WAIVER
Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
A waiver is effective only if made expressly by the party granting it.
25. SEVERABILITY
If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed where necessary.
The remaining provisions shall continue in full force and effect.
26. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated otherwise, these Terms do not create rights or remedies in favor of any person or entity other than Viral Vamp and the party subject to these Terms.
27. TERMINATION
Viral Vamp may suspend or terminate access to the Website where reasonably necessary to protect the Website, Viral Vamp, its clients, its business partners, or other users; enforce these Terms; or address suspected unlawful or unauthorized activity.
Termination of access to the Website does not terminate, modify, or excuse obligations under a separate Client Agreement.
Provisions that by their nature should survive termination—including intellectual-property protections, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and accrued payment obligations—shall survive.
28. CHANGES TO THESE TERMS
Viral Vamp may update these Terms to reflect changes to the Website, our business practices, or applicable law.
The current version will be posted on the Website with an updated revision date.
Changes to these Website Terms do not amend or supersede an existing executed Client Agreement unless the parties expressly agree otherwise in writing.
Where applicable law requires notice or affirmative consent for a particular change, Viral Vamp will provide such notice or obtain such consent.
29. ENTIRE AGREEMENT
These Terms and the Privacy Policy constitute the agreement between you and Viral Vamp regarding general use of the Website.
For clients, any applicable Client Agreement forms a separate and additional agreement governing the applicable services. If a Client Agreement conflicts with these Terms, the Client Agreement controls as to the subject matter of that agreement.
Nothing contained in these Terms modifies rights or obligations that accrued under a Client Agreement before these Terms were updated.
30. CONTACT
Questions regarding these Terms may be directed to:
Viral Vamp LLC
Email: info@theviralvamp.com