These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BLESSING HAO INTERNATIONAL LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of the LOCUS mobile application, website, and related services (collectively, the “Service” or “Platform”). By accessing, browsing, downloading, installing, or otherwise using the Service, whether as a registered User or through Guest Access as defined below, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.
The Service is an information and communication platform that enables Users within a defined local geographic area to publish, browse, search, and respond to posts regarding goods, services, skills, transportation, rentals, and other community-related offers, requests, and information (“User Content” or “Posts”), and to communicate with one another regarding the same through in-application messaging.
THE COMPANY IS NOT A PARTY TO, AND DOES NOT PARTICIPATE IN, BROKER, ARRANGE, FACILITATE PAYMENT FOR, GUARANTEE, INSURE, SUPERVISE, OR OTHERWISE INVOLVE ITSELF IN, ANY TRANSACTION, AGREEMENT, EXCHANGE, RIDE-SHARE ARRANGEMENT, RENTAL, SALE, OR PROVISION OF SERVICES ARRANGED, NEGOTIATED, OR CONSUMMATED BETWEEN USERS, REGARDLESS OF WHETHER SUCH ARRANGEMENT ORIGINATES FROM A POST, AN IN-APPLICATION MESSAGE, OR ANY OTHER USE OF THE SERVICE (EACH, A “USER TRANSACTION”).
The Company does not verify, and makes no representation, warranty, or guarantee regarding, the identity, background, qualifications, licensure, insurance coverage, creditworthiness, intentions, or trustworthiness of any User, nor the existence, legality, quality, safety, condition, or fitness for any particular purpose of any good, service, rental, or transportation offered, requested, or exchanged through the Service.
Any User Transaction is solely between the Users involved. Users are solely responsible for evaluating, arranging, negotiating, and completing any User Transaction, including but not limited to determining price, payment method, meeting location, timing, and the performance, quality, and safety of any exchange of goods, services, rentals, or transportation. The Company has no control over, and does not guarantee, the existence, quality, safety, or legality of anything advertised, the truth or accuracy of any User’s Posts or communications, or any User’s ability or willingness to complete a User Transaction.
Nothing in these Terms, and nothing arising from use of the Service, creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the Company and any User, or between Users. Any User offering rides, rental of property, services, skills, or goods does so as an independent actor and not as an agent, contractor, employee, franchisee, or representative of the Company.
You must be at least eighteen (18) years of age to create an account, publish a Post, send or receive in-application messages, or otherwise engage in any User Transaction through the Service. By using the Service, you represent and warrant that you meet this requirement.
The Service may permit limited browsing of publicly available Posts without creating an account (“Guest Access”). Guest Access does not permit publishing Posts, sending in-application messages, or engaging in any User Transaction. The Company may log activity associated with Guest Access as described in the Privacy Policy.
You agree to provide accurate, current, and complete information when creating an account and to maintain the accuracy of such information thereafter. You are responsible for safeguarding your account credentials and for all activity occurring under your account, whether or not authorized by you, and agree to notify the Company promptly of any unauthorized use.
The Company reserves the right to refuse, suspend, restrict, or terminate account registration or access to the Service, at its sole discretion, for any reason or no reason, subject to Section 6 below.
You retain all ownership rights you may have in any User Content you submit, post, upload, or transmit through the Service, including text, photographs, and messages.
By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, distribute, publicly display, translate (including by automated or machine translation into other languages), and create derivative works of such User Content, solely for the purposes of operating, providing, securing, promoting, and improving the Service, including automated content moderation, classification, and language translation features.
You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit your User Content and to grant the license in Section 4.2, and that your User Content does not and will not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other legal rights of any third party.
You agree not to post, transmit, send, or otherwise make available through the Service any User Content that, in any language:
Subject at all times to Section 5.1 and to moderation under Section 6, the Service is intended for content offering or requesting local goods, services, skills, transportation, rentals, and general community-living information, and for the promotion of local businesses.
The Service may provide tools allowing Users to report violations of these Terms and to block other Users from initiating further contact. Use of such tools does not obligate the Company to take any particular action, and the Company retains sole discretion over enforcement decisions.
You agree not to confirm, or to collude with another User to confirm, that a transaction occurred through the Service when it did not, for the purpose of manipulating your own or another User’s reputation, standing, or visibility on the Service. The Company reserves the right to remove any confirmation obtained in violation of this Section and to take any action described in Section 6 against a User who violates it.
The Company reserves the right, but assumes no obligation, to review, monitor, screen, moderate, edit, decline to publish, or remove any User Content, in whole or in part, at any time, with or without prior notice, for any reason or no reason, in the Company’s sole and absolute discretion. Such review may be performed manually, through automated systems including artificial-intelligence-based content classification and moderation tools, or a combination thereof.
The Company reserves the right to suspend, restrict, or permanently terminate any User’s account and access to the Service, at any time, with or without cause, and with or without prior notice, including but not limited to circumstances in which the Company believes, in its sole discretion, that a User has violated these Terms, engaged in conduct harmful to other Users or to the Platform, or created legal or reputational exposure for the Company.
The Company’s decision to permit, remove, or otherwise moderate any User Content, or to suspend or terminate any account, shall not be construed as an endorsement, verification, certification, or warranty of any kind regarding any User or User Content, nor as an assumption by the Company of any duty or liability for monitoring the Service. Nothing in this Section 6 shall be construed to impose upon the Company any obligation to monitor User Content or User conduct, and no action or inaction by the Company under this Section shall constitute a waiver of the rights described herein.
THE SERVICE, AND ALL CONTENT, FEATURES, AND FUNCTIONALITY MADE AVAILABLE THROUGH THE SERVICE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE COMPANY DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE IDENTIFIED OR CORRECTED; (C) THE RESULTS OF USING THE SERVICE, INCLUDING ANY CONTENT MODERATION, TRANSLATION, OR CATEGORIZATION OUTPUT GENERATED BY AUTOMATED OR ARTIFICIAL-INTELLIGENCE-BASED SYSTEMS, WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL MEET YOUR REQUIREMENTS.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE CONDUCT, IDENTITY, RELIABILITY, OR SAFETY OF ANY USER, OR THE QUALITY, LEGALITY, CONDITION, OR SAFETY OF ANY GOODS, SERVICES, RENTALS, OR TRANSPORTATION OFFERED, REQUESTED, OR EXCHANGED THROUGH THE SERVICE.
Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the foregoing exclusions may not apply to you to the extent prohibited by applicable law, in which case such warranties are limited to the minimum extent and shortest duration permitted by law.
YOU ACKNOWLEDGE AND AGREE THAT ANY INTERACTION WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO ARRANGING TO MEET IN PERSON, ACCEPTING OR PROVIDING A RIDE, RENTING OR LEASING PROPERTY, OR EXCHANGING GOODS OR SERVICES, IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK.
You are solely responsible for exercising reasonable caution and sound judgment in your dealings with other Users, including verifying to your own satisfaction the identity and intentions of other Users, choosing safe and public meeting locations, informing a third party of meeting details, and declining to proceed with any User Transaction you consider unsafe, unlawful, or otherwise inadvisable. The Company strongly recommends that Users exercise the same degree of caution they would exercise when interacting with any person met through classified listings, online marketplaces, or similar means.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, OR ANY DAMAGES FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR EMOTIONAL DISTRESS, ARISING FROM OR RELATING TO: (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE; (B) ANY USER TRANSACTION, OR ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON, THROUGH, OR AS A RESULT OF THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING MODERATED, TRANSLATED, OR AUTOMATICALLY CATEGORIZED CONTENT; OR (D) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the foregoing limitations and exclusions may not apply to you to the extent prohibited by applicable law.
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms or of any applicable law; or (d) any User Transaction or interaction with another User, including any dispute, injury, loss, or damage arising therefrom.
The Service, including its software, source code, design, look and feel, trademarks, logos, and all content provided by or on behalf of the Company (excluding User Content), is the property of the Company or its licensors and is protected by applicable intellectual property and other laws. Except as expressly permitted in these Terms, you may not copy, modify, distribute, sell, lease, reverse engineer, or create derivative works based on any part of the Service.
The Service may contain links to third-party websites, services, or reference third-party service providers (including artificial-intelligence and translation service providers used to operate the Service). The Company does not endorse, and is not responsible for, the content, accuracy, practices, or availability of any third party.
The Company respects the intellectual property rights of others and expects Users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, you may submit a notice to the Company’s designated agent pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, containing:
DMCA notices should be sent to the Company’s designated agent at: info@orchardbrk.com.
The Company reserves the right to remove or disable access to content alleged to be infringing and to terminate, in appropriate circumstances, the accounts of Users deemed to be repeat infringers.
The Service enables Users to publish User Content. The Company is a provider of an “interactive computer service” as defined under Section 230 of the Communications Decency Act, 47 U.S.C. § 230, and, except as otherwise required by applicable law, shall not be treated as the publisher or speaker of any information provided by another information content provider, including User Content posted by Users. Nothing in this Section 14 limits the Company’s rights under Section 6 to voluntarily monitor, moderate, restrict, or remove User Content.
Your use of the Service is also governed by the Company’s Privacy Policy, which describes how the Company collects, uses, stores, and discloses information, including information processed by third-party service providers for automated content moderation and language translation purposes. By using the Service, you consent to such processing as described in the Privacy Policy.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Except for claims that qualify for small claims court, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any User Transaction shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, rather than in court, except that either party may bring an individual claim in small claims court where jurisdictionally appropriate.
YOU AND THE COMPANY EACH AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and shall be interpreted broadly to require arbitration to the maximum extent permitted by law.
You may opt out of this arbitration agreement by sending written notice to info@orchardbrk.com within thirty (30) days of the date you first agree to these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles, except to the extent governed by the Federal Arbitration Act as described in Section 16. To the extent any dispute is not subject to arbitration under Section 16, the parties consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Orange County, California.
The Company reserves the right, at its sole discretion and without liability, to modify, suspend, limit availability of, or discontinue the Service, in whole or in part, temporarily or permanently, at any time and without prior notice. The Company makes no commitment that the Service will be available continuously or without interruption.
The Company may revise these Terms from time to time. The revised Terms will become effective as of the “Last Updated” date shown at the top of this page. Your continued access to or use of the Service after any such revision constitutes your acceptance of the revised Terms.
You may stop using the Service, and either you or the Company may terminate these Terms, at any time. Upon termination for any reason, your right to access and use the Service will immediately cease. Sections 2, 4.2, 6.3, 7, 8, 9, 10, 11, 13, 14, 16, 17, and this Section 19, together with any other provision that by its nature should survive termination, shall survive any termination of these Terms.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the Service and supersede all prior or contemporaneous agreements, representations, or understandings, whether written or oral.
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to render it valid and enforceable while preserving its original intent to the greatest extent possible.
No failure or delay by the Company in exercising any right or provision of these Terms shall operate as a waiver of such right or provision, nor shall any single or partial exercise of any right preclude any other or further exercise thereof.
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. The Company may freely assign or transfer these Terms without restriction or notice.
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riot, labor disturbance, governmental action, internet or telecommunications failure, or failure of third-party service providers.
Questions about these Terms may be directed to info@orchardbrk.com.