INTRODUCTION – PLEASE READ
Welcome to whirlocal.io.
All references to “Company” or “WhirLocal” herein mean and refer to Third River Marketing LLC, dba WhirLocal, and Third River Marketing’s owner(s), parent company, affiliated entities, and employees, and assigns.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website, using, and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Platform’), you agree to use these Platform only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations, and generally accepted online practices or guidelines.
Wherein, you understand that:
2. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Platform. Accordingly, you are responsible for all activities that occur under your account(s).
3. You are responsible for making sure you own or have the legal right to use all content, both written and visual, that you submit to the Platform. You agree not to submit content to the Platform that defames any person or infringes upon the copyright, moral rights, privacy rights, or any other rights of any other person or entity.
You grant the Company full and complete authority to use and display the content that you submit on the Platform as part of this User Agreement. However, if you choose to stop using the Platform, you can request to have your account deleted as well as all content that you have submitted.
4. There are links on the Platform to other websites and resources. The Company has no control over such websites and resources and does not endorse, approve, or share any responsibility for any content on such websites and resources.
5. Accessing (or attempting to access) any of our Platform by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Platform through any automated, unethical or unconventional means.
6. Engaging in any activity that disrupts or interferes with our Platform, including the servers and/or networks to which our Platform is located or connected, is strictly prohibited.
7. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Platform is strictly prohibited.
8. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
9. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- Infringes on any trademark, patent, trade secret, copyright, or other proprietary rights of any party;
- Contains any type of unauthorized or unsolicited advertising;
- Impersonates any person or entity, including any Third River Marketing employees or representatives. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
11. You agree to indemnify and hold harmless Third River Marketing, LLC, dba WhirLocal and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
ACCEPTABLE USE LISTINGS & ADVERTISING
Listings and advertising on WhirLocal are designed for businesses that either have a physical brick and mortar location that consumers can visit or that travel or serve consumers at their location and that is not in one of the prohibited industries below. Creating a listing on WhirLocal that will be approved and/or not suspended requires avoiding prohibited industries, accurately reflecting your business name and contact information, and complying with the rest of the policies below.
We do not accept listings for 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, liquor (only) stores, tobacco and related products, abortion providers, payday loans, paycheck advances, and bail bonds, psychics, mediums, and energy healers/coaches, weapons, ammunition and explosives, unsafe supplements, and any other controversial or unacceptable products or services determined at the Company’s sole discretion.
Acceptable use includes:
- Use your actual business name or how your brand is consistently represented in the real world
- Make sure your address and contact information is accurate and consistent with other publicly available information
- One profile listing per actual physical location
The platform is designed for actual businesses, and not for the purposes of creating keyword-based listings solely for the purpose of SEO (search engine optimization). The company reserves the right to adjust the acceptable use listings and advertising policy at its sole discretion at any time without notice, and to remove any listings that violate this policy.
By leaving a review on the WhirLocal platform, you agree to make sure it follows our Review Guidelines. Businesses and organizations using the WhirLocal platform do not have the ability to delete or modify reviews or impact the aggregate review score. If a business or organization believes that a review doesn’t meet our review guidelines, it can be “flagged” for review. Being flagged does not guarantee action will be taken against the review. To prevent your review from being removed, please read our Review Guidelines here: https://whirlocal.io/policies/review-guidelines/
WHIRLOCAL AFFILIATE PROGRAM
As a WhirLocal Affiliate, you have the opportunity to earn money from 1) commissions for paid WhirLocal accounts that you sell or refer to others via your Unique Affiliate URL, and 2) bonuses when the members you refer sell or refer a paid membership to others.
All members are automatically enrolled in our affiliate program. There is no cost to join. You may read our entire affiliate program agreement here: https://whirlocal.io/affiliate-program/affiliate-agreement/ You may opt-out at any time.
The Company respects the intellectual property rights of others and expects its users to do the same while using the Platform. In accordance with the Digital Millenium Copyright Act (DMCA), if you believe your copyright-protected work has been posted on the Platform without your authorization, you may submit a notice of copyright infringement. Please see our DMCA Policy for more details.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that the Platform we provide is “as is” and “as available”. This means that we do not represent or warrant to you that:
- the use of our Platform will meet your needs or requirements.
- the use of our Platform will be uninterrupted, timely, secure or free from errors.
- the information obtained by using our Platform will be accurate or reliable, and
- any defects in the operation or functionality of the Platform we provide will be repaired or corrected.
- Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
- no information or advice, whether expressed, implied, oral or written, obtained by you from the Company or through any Platform we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Third River Marketing, LLC, dba WhirLocal will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damages which may be incurred by you as a result of using our Platform, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on whirlocal.io, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Third River Marketing, LLC, dba WhirLocal, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Third River Marketing, LLC, dba WhirLocal.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Platform with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Platform we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
UPGRADING OR DOWNGRADING PAID PACKAGES
We don’t like long-term contracts any more than you do, so you can downgrade or cancel your marketing package at any time. If downgrading, your subscription and access will be available until the end of your current billing cycle. If upgrading, your new subscription will be pro-rated based on the time left on your existing subscription.
If you downgrade or cancel, you will lose access to the features and benefits of your current package level, with the following exception:
- Any reviews that you currently have generated and are being promoted on WhirLocal will remain, regardless of package.
If you have a PRO plan and above, you can:
- Export contacts out of the CRM
- Save your website pages as HTML so your new developer can make any necessary changes and load them on a new hosting account
There is no guarantee or warranty that the use of our marketing system and Platform will meet your needs or requirements.
CHOICE OF LAW, VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. The Parties consent to jurisdiction and venue in Marion County, Oregon.
UNLESS OTHERWISE EXPRESSED, Third River Marketing, LLC, dba WhirLocal EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Third River Marketing, LLC, dba WhirLocal
1436 Commercial St NE