WhirLocal Terms of Service

Effective Date: 2/20/2025

Welcome to WhirLocal! These Terms of Service (“Terms”) govern your access to and use of WhirLocal.io, including any content, features, and services provided by WhirLocal Media Group, LLC (“WhirLocal,” “we,” “us,” or “our”). By accessing or using our platform, you agree to these Terms. If you do not agree, please do not use our services.

1. Who We Are & What We Offer

WhirLocal is a community-based platform that connects local businesses, nonprofits, and community members through local stories, business listings, reviews, and marketing tools. We provide a space for user-generated content, including reviews, business profiles, and sponsored content.

2. Jurisdiction & Governing Law

These Terms are governed by the laws of the State of Oregon, with Polk County, Oregon as the exclusive jurisdiction for any disputes.

3. User-Generated Content (UGC) Policy

A. Responsibility for Content

WhirLocal does not create, endorse, verify, or guarantee the accuracy, reliability, or legality of user-generated content (UGC), including but not limited to:

Business reviews submitted by community members
Content posted by business owners, members, or independent licensed publishers
Comments, testimonials, or other contributions from users

Content posted on WhirLocal does not necessarily reflect our views or opinions. We do not guarantee that any content is suitable for any purpose, and users should exercise their own judgment when relying on information found on the platform.

B. Rights & License to Use Content

By submitting content to WhirLocal, you retain ownership of your content but grant WhirLocal a non-exclusive, royalty-free, worldwide license to display, distribute, and use the content as part of our services.

C. Content Moderation & Removal

We reserve the right to remove or restrict any content that violates our policies, including content that:

Contains false, defamatory, or misleading statements
Promotes illegal activities
Infringes on intellectual property rights
Violates any applicable laws or regulations

Users can report inappropriate content by contacting [email protected].

4. WhirLocal Original Content & Editorial Disclaimer

WhirLocal produces and publishes original content, including business spotlights, community highlights, and magazine-style articles (“WhirLocal Content”), to provide engaging and informative material for our readers.

A. No Guarantee of Accuracy

While we strive for accuracy, WhirLocal Content may contain errors or outdated information. We do not guarantee that all information is complete, accurate, or current. Readers should independently verify details before making decisions based on our content.

B. Editorial Independence & No Endorsements

WhirLocal maintains editorial independence in producing content. Any feature, highlight, or article about a local business, nonprofit, or event does not constitute an endorsement or guarantee of quality, performance, or reliability.

C. Liability Disclaimer

To the fullest extent permitted by law, WhirLocal is not responsible or liable for:

Any errors, omissions, or inaccuracies in WhirLocal Content.
Any business or personal decisions made based on our content.
Any financial, reputational, or other consequences resulting from reliance on WhirLocal Content.

If you believe content on WhirLocal contains errors or requires updates, you may contact us at [email protected]. However, we are under no obligation to revise published content.

5. Acceptable Use Listings & Advertising

A. Eligibility for Listings

Listings and advertising on WhirLocal are designed for businesses and nonprofits that have a physical brick-and-mortar location that consumers can visit, serve consumers at their location, or ship to their location. Businesses must accurately reflect their business name, contact information, and comply with these Terms.

B. Prohibited Industries

WhirLocal does not accept listings or advertisements for businesses in the following industries:

Illegal products and services
Drugs and drug-related products
Online pharmacies
Gambling and casinos
Dating services
Adult entertainment
Cannabis retailers and dispensaries
Tobacco and vaping stores
Abortion providers
Payday loans, paycheck advances, and bail bonds
Psychics, mediums, and energy healers/coaches
Weapons, ammunition, and explosives
Unsafe supplements
Any other controversial or unacceptable products or services determined at WhirLocal’s sole discretion

C. Listing Requirements

To maintain the integrity of our platform, users must:

Use their actual business name or how their brand is represented in the real world
Ensure their address and contact information is accurate and consistent with other publicly available information
List only one profile per physical location
Not create keyword-based listings solely for SEO (search engine optimization)

WhirLocal reserves the right to adjust this policy at any time without notice and to remove any listings that violate this policy.

6. Review Guidelines

By leaving a review on the WhirLocal platform, you agree to follow our Review Guidelines.

Businesses and organizations cannot modify or delete reviews or impact their aggregate review score. If a business believes a review violates our guidelines, it can be flagged for review. Flagging does not guarantee removal.

To prevent your review from being removed, please follow our Review Guidelines.

7. DMCA Safe Harbor Protection

WhirLocal is an interactive online service provider under the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512). We do not monitor or verify all content uploaded to our platform. If you believe your copyrighted work has been posted without authorization, you may file a DMCA Takedown Request following our DMCA Policy.

WhirLocal complies with the DMCA’s Safe Harbor Provisions, meaning we are not liable for infringing content posted by users, so long as we respond promptly to valid takedown notices.

Please refer to our DMCA Policy for details on submitting a claim.

8. Upgrading or Downgrading Paid Memberships

WhirLocal offers flexible marketing memberships for local businesses and nonprofits without long-term contracts. You may downgrade or cancel your membership at any time.

A. Downgrades & Cancellations

If you downgrade, your current subscription remains active until the end of the billing cycle. Payments are non-refundable, including for unused portions of a subscription.
If you upgrade, your new package will be pro-rated based on the time remaining in the current billing cycle.
If you cancel, you will lose access to the features and benefits of your paid package.

Exception:

Any existing reviews generated and promoted on WhirLocal will remain live, regardless of membership status.

There is no guarantee or warranty that WhirLocal’s marketing tools and platform will meet your needs.

9. Disclaimer of Warranties

WhirLocal provides its services “as is” and “as available,” without any express or implied warranties, including but not limited to:

No Guarantee of Accuracy: We do not warrant that the information on the platform is complete, reliable, or error-free.
No Endorsement of UGC: We do not endorse or take responsibility for any user-generated content.
No Warranty of Uninterrupted Access: We do not guarantee that the platform will always be available or free from technical issues.

10. Limitation of Liability

To the fullest extent permitted by law, WhirLocal, its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

Loss of profits, business, revenue, data, goodwill, or reputation.
Business interruptions or inability to access the platform.
Errors, inaccuracies, or reliance on content published on WhirLocal, including user-generated content and editorial content.
Any interactions, transactions, or disputes between users, businesses, or third parties arising from or related to WhirLocal.

Maximum Liability Cap:
WhirLocal’s total cumulative liability, under any legal theory, including contract, tort, negligence, strict liability, or otherwise, shall not exceed the greater of: (a) $100 USD, or (b) the total amount you have paid to WhirLocal in the past 12 months, whichever is less.

No Warranties & Assumption of Risk:
You acknowledge that your use of WhirLocal is at your own risk. We do not warrant that the platform will be uninterrupted, error-free, or completely secure.

If you are dissatisfied with any aspect of WhirLocal, your sole and exclusive remedy is to stop using the platform.

11. Age Requirements

While WhirLocal does not impose strict age restrictions, our services are intended for users aged 13 and older in compliance with the Children’s Online Privacy Protection Act (COPPA).

For users under 18, we recommend parental supervision when using our platform, especially when submitting personal information or reviews.

12. Privacy & Data Collection

Your use of WhirLocal is subject to our Privacy Policy, which explains how we collect, store, and use your data. By using WhirLocal, you consent to these practices.

13. Dispute Resolution & Arbitration

WhirLocal is based in the United States and operates under Oregon state law. Users outside the U.S. agree that:

These Terms are governed by the laws of Oregon, U.S.A., regardless of conflict of law principles.
Any disputes shall be resolved through binding arbitration in Polk County, Oregon.
You waive your right to a jury trial or class action lawsuit.
You are responsible for ensuring that WhirLocal complies with your local laws before using the platform.

If any part of these Terms conflicts with the laws of your country, your sole remedy is to stop using WhirLocal.

14. Indemnification

You agree to indemnify, defend, and hold harmless WhirLocal, its officers, employees, and affiliates from any claims, damages, liabilities, losses, legal fees, or expenses arising from:

Your content submissions, business listings, advertisements, or reviews.
Your violation of these Terms or any applicable law.
Any claims made by third parties relating to your business, products, or services.

WhirLocal reserves the right to assume exclusive defense of any claim requiring indemnification, and you agree to cooperate with us in such cases.

15. AI-Generated Content Disclaimer

WhirLocal may utilize artificial intelligence (AI) technologies to generate, enhance, or assist in the creation of content, including but not limited to:

Business spotlights, community highlights, and magazine-style articles.
Automated business descriptions, summaries, or recommendations.
AI-assisted responses, insights, or content suggestions.

A. No Guarantee of Accuracy

While we strive to provide high-quality, informative, and relevant content, AI-generated or AI-assisted content may contain inaccuracies, omissions, outdated information, or unintended biases.

WhirLocal does not guarantee the accuracy, completeness, or reliability of AI-generated content, and users should independently verify any information before relying on it for decision-making.

B. No Endorsement or Editorial Obligation

AI-generated content does not constitute endorsements of any businesses, products, services, or individuals.
WhirLocal is not obligated to monitor, fact-check, or edit AI-generated content, though we may revise or remove content at our discretion.

C. User Responsibility & Assumption of Risk

By using WhirLocal, you acknowledge and agree that:

AI-generated content is informational only and should not be relied upon as a sole source of truth.
Any decisions made based on AI-generated content are at your own risk, and WhirLocal shall not be liable for any loss or damages resulting from reliance on such content.
WhirLocal reserves the right to modify, remove, or correct AI-generated content at any time without prior notice.

D. Feedback & Content Corrections

If you believe AI-generated content contains errors, biases, or misleading information, you may contact us at [email protected]. However, WhirLocal is not obligated to make corrections or modifications.

16. Third-Party Services & External Links

WhirLocal may contain links to third-party websites, advertisements, or services that are not owned or controlled by WhirLocal. We do not:

Endorse or assume responsibility for third-party content.
Guarantee the security, privacy, or accuracy of third-party services.
Have control over transactions, disputes, or interactions between users and third parties.

Use third-party links at your own risk. WhirLocal is not responsible for any loss or damages incurred from interactions with third-party sites or services.

17. Ownership of Business Data & Content

Business Listings & Reviews: Business profiles, listings, and reviews are owned by WhirLocal, even if submitted by a business owner. If a business leaves WhirLocal, its profile and past reviews may remain on the platform.
AI-Generated Business Descriptions: AI-generated summaries, spotlights, and automated content remain the intellectual property of WhirLocal. Businesses may not copy, reproduce, or redistribute WhirLocal-generated content without permission.
User Reviews & Contributions: Users retain ownership of their content but grant WhirLocal a perpetual, royalty-free, worldwide license to display, modify, or distribute it.

WhirLocal reserves the right to remove, modify, or repurpose business listings, reviews, and AI-generated content at its sole discretion.

18. Force Majeure

WhirLocal shall not be held liable for delays, failures, or service disruptions due to events beyond our reasonable control, including but not limited to:

Natural disasters (earthquakes, floods, fires)
Cyberattacks, data breaches, or hacking incidents
Government actions, regulations, or legal restrictions
Internet, hosting, or third-party service outages

If an event prevents WhirLocal from operating as intended, we may suspend or terminate certain services without liability.

19. Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

WhirLocal Media Group, LLC
400 Glen Creek Rd NW, Unit 5382
Salem, OR 97304
[email protected]
877-796-5484