Terms of Service

Effective Date: JAN, 2024

Welcome to the website viraldistributors.com (the “Site”), operated by Viral Vamp Distributor LLC, a Florida limited liability company (“Company,” “Distributor,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of the Site, your purchase of any products through the Site, your participation in our wholesale partner or buying group programs, and all communications between you and us.

BY ACCESSING THE SITE, CREATING AN ACCOUNT, PLACING AN ORDER, SUBMITTING A FORM, BOOKING A CALL, APPLYING FOR PARTNERSHIP, OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS ACTION AND CLASS ARBITRATION WAIVER, A JURY TRIAL WAIVER, A LIMITATION OF LIABILITY CAPPED AT $5,000, AND A WAIVER OF CERTAIN STATUTORY CLAIMS. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.

1. Acceptance of Terms; Modifications

By accessing or using the Site, you accept and agree to these Terms in their entirety. If you do not agree, you must immediately cease use of the Site. We reserve the right to modify these Terms at any time at our sole discretion. Modifications take effect upon posting the updated Terms with a revised “Last Updated” date. Your continued use of the Site after any modification constitutes your acceptance of the modified Terms. You are responsible for periodically reviewing the Terms.

2. Definitions

“Account” means any user account you create on the Site.
“Affiliates” means Viral Vamp LLC (including under its trade name “VV Sourcing” and any other d/b/a names it may adopt) and any other entity under common ownership or control with the Company, together with their respective owners, officers, members, managers, employees, agents, and contractors.
“Buyer” or “Customer” means any person or entity who places an order through the Site.
“Content” means all text, graphics, images, video, audio, product descriptions, marketing materials, case studies, testimonials, and any other material available on the Site.
“Partner” means a user accepted into our Wholesale Partner or Buying Group program.
“Products” means all goods offered for sale through the Site.
“Submissions” means any reviews, testimonials, comments, photos, applications, form responses, or other content you provide to us.
“User,” “you,” or “your” means any person or entity that accesses or uses the Site.
“Wholesale Purchase Agreement” means the Wholesale Product Purchase Agreement (or any successor or modified agreement) executed between a Partner and the Company governing wholesale Product purchases.

3. Eligibility & Age Requirements

The Site is intended for users who are at least eighteen (18) years of age. By using the Site, you represent and warrant that:

You are at least 18 years old or the age of majority in your jurisdiction, whichever is greater;
You have the legal capacity to enter into binding contracts;
All information you provide is accurate, current, and complete;
You will not use the Site on behalf of any minor.

Certain Products (including air guns, BB guns, airsoft items, optics, knives, and certain accessories) require purchasers to be 18 years or older, and in some cases 21 years or older, under federal or state law. See Section 12 for additional restrictions.

4. Account Registration & Security

To make purchases or access certain features of the Site, you may be required to create an Account. You agree to:

Provide accurate, current, and complete information during registration;
Maintain and promptly update your information;
Keep your password confidential and secure;
Be solely responsible for all activity that occurs under your Account;
Immediately notify us of any unauthorized access or security breach.

We are not liable for any loss or damage arising from your failure to safeguard your Account credentials. We reserve the right to suspend or terminate any Account at any time, with or without notice, for any reason or no reason.

5. Description of Services

The Site offers wholesale and direct sales of consumer Products across multiple categories (including but not limited to Sports & Outdoor, Tools & Home Improvement, Automotive, Electronics, Home & Kitchen, Office, Patio Lawn & Garden, Toys & Games, and others), as well as related services including a Wholesale Partner or Buying Group program for qualified resellers. Product offerings, availability, pricing, brands, categories, promotions, and Site features may change at any time without notice. Some Products may be exclusive to wholesale Partners.

6. Acceptable Use

You agree not to:

Use the Site for any unlawful, fraudulent, abusive, or harmful purpose;
Submit false, misleading, or impersonating information;
Use the Site to engage in price gouging, fraudulent chargebacks, or wire fraud;
Copy, scrape, mirror, frame, harvest, or systematically extract Content;
Reverse engineer, decompile, or attempt to derive source code from any part of the Site;
Use automated means (bots, scrapers, crawlers, screen-scrapers) to access the Site without our express written consent;
Interfere with or disrupt the Site, its servers, or related networks;
Hack, phish, transmit malware, or conduct any other digital or physical attack;
Misrepresent your affiliation with the Company, any Affiliate, or any third party;
Use the Site or any Content to develop, train, or improve any competing service or artificial intelligence model;
Violate any applicable law, regulation, or third-party right.

We reserve the right to investigate and take legal action against anyone who, in our sole discretion, violates this Section, including reporting violations to law enforcement.

7. Product Listings, Pricing, & Availability

We make reasonable efforts to display accurate Product information, including descriptions, images, pricing, and availability. However:

Pricing, descriptions, images, and availability are subject to change at any time without notice;
Typographical errors, inaccuracies, or omissions may occur, including with respect to price, description, photography, or availability;
We reserve the right to correct any errors and to cancel, modify, or refuse any order placed based on inaccurate information, even after order confirmation;
Product images are for illustrative purposes; actual Products may vary;
Product availability is not guaranteed. Out-of-stock Products may be removed without notice;
We reserve the right to limit Product quantities, restrict sales by geography or customer type, and discontinue any Product at any time;
Promotions, discount codes, and offers may be canceled, modified, or excluded at our sole discretion and may not be combined unless expressly permitted.

8. Order Acceptance;

Right to Refuse Orders Your placement of an order is an offer to purchase, not a binding contract. No order is binding on the Company until we accept it. Acceptance occurs when we ship the Product or send written confirmation of acceptance, whichever is earlier. Order confirmations and email receipts are not acceptance. We reserve the right, at our sole discretion, to limit, refuse, cancel, or terminate any order at any time and for any reason, including without limitation:

Suspected fraud, identity theft, or unauthorized payment;
Pricing or product information errors;
Inventory unavailability;
Inability to ship to the requested address (including international, P.O. box, or restricted-jurisdiction addresses);
Reseller, bulk, or commercial orders that we have not approved;
Age verification failures for restricted Products;
Suspected violations of these Terms or applicable law.

If we cancel an order after payment, we will refund the purchase price to your original method of payment. We are not liable for any losses, damages, or inconvenience resulting from our refusal or cancellation of any order.

9. Payment Terms

All charges and fees are in U.S. Dollars. Payment is due in full at the time of order unless otherwise expressly agreed. We accept the payment methods displayed at checkout, processed by our third-party payment processors (including but not limited to Stripe). By submitting payment information, you represent and warrant that:

you are authorized to use the payment method;
all payment information is complete and accurate;
you will be responsible for any payment-related fees; and
sufficient funds exist to pay the full amount due.

You authorize us and our payment processors to charge your payment method for all amounts due, including applicable taxes and shipping fees. You also authorize us to receive updated payment information from your card issuer (such as updated card numbers or expiration dates) if your card information changes.

Use of Stripe is subject to Stripe’s terms (→ stripe.com) and Stripe’s privacy policy (→ stripe.com). We are not responsible for fees imposed by your bank or payment provider.

Chargebacks. If you initiate a chargeback or payment reversal that is later determined to be unwarranted, you agree we may bill you directly for the disputed amount plus reasonable costs of collection (including attorneys’ fees) and terminate your Account.

Sales Tax. Applicable sales, use, excise, and similar taxes will be added to your order based on your shipping address and applicable law.

You are responsible for any taxes not collected at checkout.

10. Shipping, Delivery, Title, & Risk of Loss

Shipping, Delivery, Title, & Risk of Loss Shipping methods, fees, and estimated delivery times are displayed at checkout. Delivery dates are estimates only and are not guaranteed. We are not liable for delivery delays caused by carriers, weather, force majeure events, or circumstances beyond our reasonable control.

Title and risk of loss pass to you upon delivery of the Products to the carrier (FOB Origin).

You are solely responsible for filing claims with the carrier for loss, theft, or damage during transit. We recommend purchasing shipping insurance for high-value or fragile Products.

We ship only to addresses within jurisdictions where we are authorized to sell.

We reserve the right to refuse shipment to any address. Some Products cannot be shipped to certain states, territories, P.O. boxes, APO/FPO addresses, or international destinations due to legal restrictions. Refused, returned-to-sender, or undeliverable shipments will be subject to return shipping fees and a restocking fee, deducted from any refund.

11. Returns, Refunds, & Exchanges

All sales are final unless expressly stated otherwise on the Product page or required by applicable law. The Company does not accept returns or issue refunds except as set forth in this Section or in our separate Return Policy (if published). If we, in our sole discretion, agree to accept a return of a non-defective Product:

You must obtain a Return Merchandise Authorization (RMA) from us in advance;
Product must be returned in original, unused, resalable condition with all packaging, manuals, and accessories;
A minimum 15% restocking fee plus all shipping costs (both ways) will apply;
Refunds will be issued to the original payment method only;
Unauthorized returns will be refused and returned at your expense.

Defective or Damaged Products.If a Product arrives defective or damaged, you must notify us in writing within five (5) business days of delivery with photographic evidence. Defective or damaged Products (as determined by the Company in good faith) may be eligible for replacement or credit at our option. Cash refunds are not provided for defective or damaged Products except where required by law. Cosmetic damage, packaging variations, and platform-listing issues do not constitute defects.

Non-returnable items include but are not limited to: hazmat items, opened consumables, personalized items, clearance Products, and items marked “Final Sale.” Wholesale and Partner orders are governed by separate terms set forth in the Wholesale Purchase Agreement.

12. Restricted Products; Age-Verified Items

Certain Products sold on the Site are subject to federal, state, and local regulations restricting their sale, possession, shipment, or use. These include, without limitation:

Air guns, BB guns, airsoft guns, pellet guns, paintball products, and related accessories — restricted to purchasers 18 years of age or older (21+ in some jurisdictions). Shipping restricted to certain states and municipalities.
Knives, blades, and edged tools — subject to state-specific restrictions on length, type, and shipment.
Optics, scopes, lasers, and gun accessories — may be subject to age or shipping restrictions.
Hazardous materials, batteries, and certain chemicals — subject to shipping restrictions and special handling.

By placing an order for any restricted Product, you represent and warrant under penalty of perjury that:

You meet all applicable age requirements;
You are legally permitted to purchase, possess, and use the Product in your jurisdiction;
You are not prohibited by federal, state, or local law from purchasing the Product;
You will not transfer, sell, or otherwise distribute the Product to any person who does not meet these requirements.

We reserve the right to require additional age or identity verification before shipment of restricted Products, and to refuse or cancel any order at our sole discretion. You bear sole responsibility for compliance with all applicable laws regarding the purchase, possession, transport, use, and resale of any Product.

13. Product Sourcing & Authenticity

Disclaimer The Company sources Products from various wholesale channels, manufacturers, and distributors. The Company makes no representation, warranty, or guarantee — express or implied — regarding:

The authenticity, originality, or brand-authorization status of any Product;
Any Product’s compliance with any third-party brand owner’s resale or distribution policies;
The suitability or sufficiency of any invoice, receipt, packing slip, or documentation provided by us for purposes of Amazon, eBay, Walmart, or any other platform’s authenticity verification, brand registry, intellectual property complaint, or seller performance process;
Any Product’s designation, status, or classification as “new,” “authentic,” “genuine,” “authorized,” or any similar designation under any platform’s policies or any third party’s standards.

If you are reselling Products on Amazon or any other platform, you are solely responsible for conducting independent due diligence regarding chain of custody, product authentication, brand-resale eligibility, and platform compliance prior to listing or reselling. Any documentation we provide is “AS IS” for informational purposes only.

14. Wholesale Partner / Buying Group Program

The Company offers a Wholesale Partner or Buying Group program for qualified resellers. Participation is subject to:

Application, qualification, and acceptance at our sole discretion;
Execution of a separate Wholesale Purchase Agreement;
Compliance with these Terms and the Wholesale Purchase Agreement;
Such other terms as we may impose in writing.

In the event of any conflict between these Terms and the Wholesale Purchase Agreement with respect to a Partner’s wholesale transactions, the Wholesale Purchase Agreement controls. Nothing on the Site constitutes an offer or commitment to admit any user to the Wholesale Partner program or to enter into a Wholesale Purchase Agreement.

The Wholesale Partner program is separate from any coaching, education, or sourcing services that may be provided by Affiliates, including Viral Vamp LLC d/b/a VV Sourcing. Any such services are governed by separate agreements and do not create any representations or guarantees regarding any Products.

15. No Guarantees; Disclaimer of Warranties

THE SITE, THE CONTENT, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the maximum extent permitted by law, the Company and its Affiliates disclaim all warranties, including but not limited to:

Implied warranties of merchantability;
Implied warranties of fitness for a particular purpose;
Implied warranties of non-infringement;
Implied warranties arising from course of dealing or usage of trade;
Warranties of accuracy, completeness, reliability, currency, or timeliness;
Warranties of uninterrupted operation, freedom from errors, viruses, or harmful components;
Warranties of security or fitness for any commercial or resale purpose.

You acknowledge and agree that:

There are no guarantees regarding reorder availability, supply continuity, pricing stability, or future Product offerings;
There are no guarantees regarding ungating, Brand Registry, gated or ungated status, or any platform approval to sell;
The Company makes no representations or warranties regarding resale success, market demand, profitability, platform compliance, or any business outcome;
You assume all risk of resale, compliance with platform rules (including Amazon’s Terms of Service), taxes, duties, shipping, storage, and any and all losses;
Past sales, examples, or results shared by us are not guarantees of future performance. Individual results vary significantly and may result in total loss.

No advice or information obtained from the Site or from any communication with us creates any warranty not expressly stated in these Terms.

16. No Reliance; Marketing Disclaimer

All Content on the Site, in our marketing materials, in advertisements, in social media posts, on sales calls, in webinars, in case studies, and in testimonials is provided for general informational and marketing purposes only. You acknowledge and agree that:

The Content does not constitute legal, financial, tax, business, or investment advice;
You have not relied on any statement, marketing claim, example, case study, testimonial, video, advertisement, social media post, sales call content, webinar content, or other communication from us or our Affiliates in deciding to use the Site or purchase any Product;
Any specific representations, warranties, or guarantees between you and the Company will be set forth exclusively in a separately executed written agreement;
Coaching, education, sourcing, or other services provided by any Affiliate (including Viral Vamp LLC d/b/a VV Sourcing) are separate from any Product sale and do not create any representations or guarantees regarding any Products.Specific Disclaimers of Representations You specifically acknowledge that neither the Company nor any Affiliate has made any representation, promise, or guarantee — whether through the Site, sales calls, webinars, advertisements, social media, or any other channel — regarding any of the following:

Your likelihood of being approved for ungating, Brand Registry, or any Amazon program;
Any specific profit margin, revenue, sales velocity, conversion rate, or return on investment;
The time required to recoup your investment;
The suitability of any particular Product for your specific business or use case;
Your ability to obtain authorization from Amazon, eBay, Walmart, or any other platform to sell any specific brand or Product;
The authenticity, brand-authorization, or platform-approval status of any Product;
The reorder availability or pricing stability of any Product after initial purchase;
Any tax, accounting, legal, or regulatory outcome related to your business.

18. Earnings Disclaimer

Any testimonials, case studies, screenshots, results, income statements, or success stories displayed on the Site or in our marketing materials are not typical and do not represent a guarantee, promise, or projection of future earnings or results. Individual results vary significantly based on factors including but not limited to skill, experience, time invested, capital, market conditions, business decisions, and circumstances beyond our control. Many users will earn little or nothing. Past performance does not predict future results.

Reselling on Amazon and other platforms involves substantial risk, including the risk of total loss of capital. You should consult independent legal, financial, tax, and business advisors before making any decision based on Content on the Site. We make no representation, warranty, or guarantee regarding your potential or actual earnings.

19. User Submissions; Reviews & Testimonials

Any Submission you make to the Site — including but not limited to product reviews, testimonials, photographs, comments, applications, lead forms, and email communications — is treated as non-confidential and non-proprietary. By making any Submission, you grant the Company and its Affiliates a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, copy, store, modify, adapt, reproduce, publish, perform, display, distribute, and create derivative works of the Submission, in any media or form, for any purpose, with or without attribution. You represent and warrant that:

You own the Submission or have all necessary rights to grant the foregoing license;

The Submission does not infringe any third party’s intellectual property, privacy, publicity, or other rights;

The Submission is truthful, accurate, and not misleading;

You have not been paid or compensated for the Submission (unless disclosed in compliance with FTC rules).

We reserve the right (but have no obligation) to monitor, review, edit, shorten, remove, or refuse any Submission at our sole discretion, including for grammatical or typographical corrections, length, or appropriateness. Testimonials reflect the unique experience of the submitter and do not necessarily reflect your potential experience.

20. Intellectual Property

The Site and all Content are owned by the Company, its Affiliates, or its licensors and are protected by United States and international copyright, trademark, trade dress, and other intellectual property laws. “Viral Distributor,” “Viral Distributors,” “Viral Vamp,” “VV Sourcing,” and any other names, logos, designs, or marks displayed on the Site are trademarks of the Company or its Affiliates.

You are granted a limited, non-exclusive, non-transferable, revocable license to access the Site and view the Content solely for personal use or for evaluating a purchase. No other use is permitted. You may not reproduce, distribute, publicly display, modify, create derivative works of, or commercially exploit any Content without our prior written consent. All rights not expressly granted are reserved.

Third-party trademarks displayed on the Site (including brand names) are the property of their respective owners. Their display does not imply endorsement of the Company or any partnership unless expressly stated.

21. Communications Consent (Email, SMS, Phone)

21.1 Email Marketing.

By submitting your email address through the Site (including newsletter signups, contact forms, account creation, and order checkout), you consent to receive marketing, promotional, transactional, and informational emails from the Company and its Affiliates. You may unsubscribe from marketing emails at any time using the unsubscribe link. Transactional and account-related emails (e.g., order confirmations, shipping notices, account security) may continue regardless of marketing unsubscribe status.

21.2 SMS / Text Messaging Consent.

By submitting your mobile phone number through any form on the Site or by texting us first, you expressly consent under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, to receive marketing, promotional, transactional, order-related, shipping-related, and informational text messages from the Company and its Affiliates at the number provided, including messages sent using an automatic telephone dialing system or prerecorded voice. Message and data rates may apply. Message frequency varies. Consent is not a condition of any purchase. You may opt out at any time by replying STOP to any message. Reply HELP for help.

21.3 Phone Calls.

By providing your phone number, you also consent to receive phone calls (including calls placed by an automatic telephone dialing system or prerecorded voice) from the Company and its Affiliates regarding our Products and services. Calls may be recorded for quality assurance, training, and dispute-resolution purposes; by continuing the call you consent to such recording. You may revoke this consent at any time by notifying us in writing at the address in Section 34.

21.4 Revoking Consent.

Revoking consent under this Section will not affect: (i) communications related to existing or completed transactions; (ii) communications required by law; or (iii) the Company’s right to communicate with you regarding legal disputes, account security, or fraud.

22. Privacy Policy

Your use of the Site is also governed by our Privacy Policy (→ ..), which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, share, and protect information about you. By using the Site, you consent to the collection and use of information as described in the Privacy Policy.

23. Third-Party Links & Services

The Site may contain links to third-party websites, services, or resources (including Stripe, Calendly, Typeform, social media platforms, brand manufacturer sites, and others). We do not endorse and are not responsible for any third-party websites, services, or content. Your use of any third-party service is at your own risk and is governed by that third party’s terms and policies.

24. Indemnification

To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless the Company, its Affiliates, and their respective owners, officers, members, managers, employees, agents, contractors, licensors, and suppliers, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your access to or use of the Site;
Your purchase, resale, use, listing, advertisement, or distribution of any Product;
Any Submission you make;
Any breach of these Terms or any representation or warranty you make;
Any violation of law, regulation, or third-party right by you;
Any third-party intellectual property claim, brand owner complaint, or platform enforcement action arising from your resale activity;
Any chargeback, fraudulent payment, or unauthorized use of your Account;
Any act or omission by you in connection with your business or any platform on which you sell or attempt to sell Products.

The Company shall have the right, but not the obligation, to assume control of the defense of any indemnified claim. You shall reasonably cooperate with our defense and shall not settle any indemnified claim without our prior written consent.

25. Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE), ARISING FROM OR RELATED TO THESE TERMS, THE SITE, ANY PRODUCT, ANY CONTENT, OR ANY COMMUNICATIONS OR INTERACTIONS WITH US, EXCEED FIVE THOUSAND DOLLARS ($5,000.00).

Neither the Company nor any Affiliate shall be liable for any indirect, consequential, incidental, punitive, exemplary, or special damages, including lost profits, lost sales, business interruption, loss of data, loss of goodwill, or cost of procurement of substitute services or products, even if advised of the possibility.

The foregoing limitation shall not apply to liability arising from the Company’s actual fraud or intentional willful misconduct. For purposes of this provision, gross negligence shall not constitute an exception to the limitation of liability.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS A MATERIAL AND BARGAINED-FOR PART OF THESE TERMS, AND THAT THE PRICING AND AVAILABILITY OF THE SITE AND THE PRODUCTS REFLECTS THIS ALLOCATION OF RISK.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the foregoing may not apply to you. In such cases, the Company’s liability shall be limited to the maximum extent permitted by law.

26. Affiliates; Third-Party Beneficiaries

You acknowledge that the Company is affiliated with Viral Vamp LLC d/b/a VV Sourcing and may be affiliated with other entities under common ownership (collectively, the “Affiliates”). The disclaimers, limitations of liability, indemnification obligations, dispute resolution provisions, arbitration agreement, jury trial waiver, and class action waiver set forth in these Terms extend to, inure to the benefit of, and are directly enforceable by each Affiliate as an intended third-party beneficiary.

Any claim, dispute, or cause of action against any Affiliate arising from or related to your use of the Site, any Product, any coaching, education, training, sourcing, or consulting services received from any Affiliate, or any communications with any Affiliate, shall be subject to the same provisions set forth in these Terms.

Except for the Affiliates expressly identified in this Section, no other person or entity shall have any rights as a third-party beneficiary under these Terms.

27. FDUTPA Acknowledgment & Waiver

You acknowledge and represent that you have not been induced to engage with the Company or any Affiliate by any unfair or deceptive act or practice. You further acknowledge that, to the extent you are engaging with the Site in any commercial or business capacity (including reselling Products through any platform), you are a sophisticated commercial user engaging with the Site for business purposes, not as a consumer.

To the maximum extent permitted by law, you waive any right to assert claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), Fla. Stat. § 501.201 et seq., arising from or relating to these Terms, the Site, the Products, or any communications with us, except for claims that may not be waived under applicable law.

28. Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, hurricanes, floods, fires, earthquakes, pandemics, epidemics, public health emergencies, war, terrorism, civil unrest, government action or restrictions, embargoes, port closures, shipping or carrier delays, supply chain disruptions, supplier failures, labor disputes, strikes, internet or telecommunications failures, payment processor failures, cyberattacks, or any other force majeure event. In the event of a force majeure event continuing for more than sixty (60) days, the Company may, in its sole discretion: (i) extend the time for performance; (ii) issue a credit toward future Products; or (iii) terminate the affected order. You shall have no separate right to demand a refund based solely on a force majeure event.

29. DMCA Copyright Policy

The Company respects intellectual property rights and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). If you believe that Content on the Site infringes your copyright, please send a written DMCA notice to our designated Copyright Agent containing:

A physical or electronic signature of the copyright owner or authorized representative;
Identification of the copyrighted work claimed to be infringed;
Identification of the material claimed to be infringing and its location on the Site (URL);
Your contact information (name, address, phone, email);
A statement that you have a good-faith belief that the use is not authorized;
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the copyright owner’s behalf.

Viral Distributor LLC

Attn: Copyright Agent

210 S Beach Street, Unit #202

Daytona Beach, FL 32114

Email: info@viraldistributors.com

Notices not substantially complying with the DMCA may not be processed. Repeat infringers will have their access terminated. Submitting a false DMCA notice may result in liability for damages, including costs and attorneys’ fees.

30. Termination

We reserve the right to suspend, restrict, or terminate your access to the Site or any Account at any time, with or without notice, for any reason or no reason, including but not limited to a violation of these Terms, suspected fraud, or risk to the Company or other users. Upon termination, all rights granted to you under these Terms immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive, including Sections 6, 9, 11, 13, 15–29, and 31–33.

31. Dispute Resolution; Binding Arbitration

PLEASE READ CAREFULLY. THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

31.1 Arbitration Agreement.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, any Product, any Content, any communications between you and the Company or any Affiliate, or any relationship with any Affiliate (collectively, a “Dispute”) shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) in Volusia County, Florida, under its Consumer Arbitration Rules (for consumer claims) or Commercial Arbitration Rules (for commercial claims), as appropriate. The arbitrator’s decision shall be final and binding, subject only to the limited grounds for review under the Federal Arbitration Act.

31.2 Scope; Arbitrability.

This arbitration agreement applies to all Disputes, including claims of fraud, fraudulent inducement, misrepresentation, FDUTPA claims, claims related to formation of these Terms or the relationship between the parties, and claims regarding the validity or scope of this arbitration agreement. The parties expressly delegate to the arbitrator all questions regarding arbitrability.

31.3 Severability of Arbitration Provision.

This arbitration provision is severable. Any challenge to the validity or enforceability of these Terms on grounds of fraud, unconscionability, or otherwise shall be decided by the arbitrator, not a court.

31.4 Class Action and Class Arbitration Waiver.

YOU AGREE THAT DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator shall not have authority to conduct any form of class, collective, consolidated, or representative arbitration, and may not award relief in favor of or against anyone who is not a party to these Terms.

31.5 Jury Trial Waiver.

YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE.

31.6 Pre-Arbitration Notice.

Before initiating arbitration, you agree to first contact us in writing at the address in Section 34 with a description of the Dispute and your proposed resolution. We will respond within thirty (30) days. If we are unable to resolve the Dispute within sixty (60) days of your written notice, either party may initiate arbitration.

31.7 Arbitration Fees.

The Company agrees to advance any AAA filing fees or arbitrator compensation in excess of $300 incurred by you in initiating an arbitration. The arbitrator shall allocate all fees and costs as part of the final award. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

31.8 Small Claims Carve-Out.

Either party may bring any qualifying claim in small claims court instead of arbitration, provided the claim is brought in your individual (non-class) capacity. Small claims actions must be filed in Volusia County, Florida.

31.9 Injunctive Relief.

Notwithstanding the foregoing, the Company may seek temporary, preliminary, or permanent injunctive or equitable relief in a state or federal court of competent jurisdiction to enforce or protect its intellectual property rights or to prevent a breach of these Terms.

31.10 One-Year Limitation.

Any Dispute must be commenced within one (1) year after the date the Dispute first arose. Any claim brought after this period is forever barred.

31.11 Opt-Out.

You may opt out of this arbitration agreement within thirty (30) days of first accessing the Site or first using the Site after these Terms become effective, whichever is later, by sending a written opt-out notice to the address in Section 34. Your notice must include your full name, address, and a clear statement that you wish to opt out of the arbitration agreement. Opting out does not affect any other provision of these Terms.

32. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of Section 31. Any court action permitted under these Terms shall be brought exclusively in the state or federal courts located in Volusia County, Florida, and you consent to the personal jurisdiction of and venue in such courts.

33. Miscellaneous

Entire Agreement. These Terms (together with the Privacy Policy and, where applicable, the Wholesale Purchase Agreement) constitute the entire agreement between you and the Company regarding the Site and the Products, and supersede all prior agreements and understandings.
No Oral Modification. No modification or waiver by you shall be effective unless in writing signed by an authorized representative of the Company. We may modify these Terms unilaterally as provided in Section 1. No course of dealing, course of performance, or usage of trade shall modify these Terms.
Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.
No Waiver. Failure to enforce any provision shall not waive future enforcement.
Assignment. You may not assign, transfer, or delegate any right or obligation under these Terms without our prior written consent. We may assign these Terms freely to any successor, affiliate, or purchaser of all or substantially all of our assets.
Relationship. Nothing in these Terms creates any partnership, joint venture, employment, franchise, or agency relationship between you and the Company.
Headings. Section headings are for convenience only and do not affect interpretation.
Electronic Communications. You consent to receive all communications, agreements, notices, and disclosures from the Company electronically, including via email or by posting on the Site, and you agree these electronic communications satisfy any legal requirement that such communications be in writing.
Construction. Any ambiguity shall not be construed against the drafting party.
Export. You may not use or export the Site or any Content in violation of U.S. export laws.

34. Contact Information

For questions about these Terms, to opt out of arbitration, to submit a DMCA notice, or for any other reason, please contact us at:

Viral Distributor LLC
210 S Beach Street, Unit #202
Daytona Beach, FL 32114
Phone: [REPLACE: SUPPORT_PHONE]
General Email: info@viraldistributors.com
Legal Notices: [REPLACE: LEGAL_EMAIL]

BY USING THIS SITE, CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ENGAGING WITH US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM, INCLUDING THE BINDING ARBITRATION AGREEMENT, CLASS ACTION AND CLASS ARBITRATION WAIVER, JURY TRIAL WAIVER, $5,000 LIMITATION OF LIABILITY, FDUTPA WAIVER, NO-RELIANCE PROVISIONS, AND ALL OTHER DISCLAIMERS. YOU ACKNOWLEDGE THAT THESE PROTECTIONS EXTEND TO ALL AFFILIATES OF THE COMPANY, INCLUDING VIRAL VAMP LLC D/B/A VV SOURCING. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.