Last Updated: October 15, 2024
Welcome to Bromeliad Homes! These terms and conditions of Use (“Terms of Use”) govern your access to and use of the Bromeliad Property Solutions LLC (“Bromeliad Homes”) website (the “Site”), including any bookings made through the Site. By accessing or using the Site, you
agree to comply with these Terms of Use. If you do not agree to these Terms of Use, please promptly exit and do not use the Site.
These Terms of Use provide that all disputes between you and Bromeliad Homes will be resolved by Binding Arbitration. Accordingly, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATION and NOT a judge or jury and your claims cannot be brought as a class action. Please review the section below entitled “Dispute Resolution & Arbitration” for the details regarding your agreement to arbitration any disputes with Bromeliad Homes.
1. General Terms
1.1 Acceptance of Terms
By using the Site, you agree to these Terms of Use and our Privacy Policy. Bromeliad Homes reserves the right to modify these Terms at any time. Any changes will be posted on this page, and your continued use of the Site constitutes your acceptance of the modified Terms.
1.2 Eligibility & Site Access
The Site is intended for users who are 18 years or older. By using the Site, you represent and warrant that you are of legal age and have the capacity to enter into binding agreements. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete. You agree that all the information you provide via this Site is governed by our Privacy Policy.
2. Ownership of the Site and Content
All pages within this Site and any material made available for download, unless otherwise noted, are the property of Bromeliad Homes, its affiliates, its licensors, or other providers of such material. The Site and the content of the site are protected by the United States and international copyright and trademark laws. Except as described in these Terms of Use, the content of the Site, including without limitation the files, documents, text, photographs, images, audio, video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Bromeliad Homes, including for the provision of services or products to Bromeliad Homes or any of its affiliates, or in connection with a business relationship with Bromeliad Homes or any of its affiliates.
You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Bromeliad Homes or one of its affiliates without our express written consent. You may view, copy, print and use Content contained on this Site solely for your own personal use and provided that: (1) the Content available from this Site is used for
informational and non-commercial purposes only, (2) no text, graphics or other content available from this Site is modified in any way, and 93) no graphics available from this Site are used, copied or distributed separate from accompanying text or separate from any copyright, trademark or other proprietary notice.
If you print, copy, modify, download, or otherwise breach these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Content that you have made.
Nothing in this section shall be construed as granting, by implication, estoppel, or otherwise, any license or other grant or right to use any copyright, trademark or other intellection property of Bromeliad Homes or any of its affiliates or any third party, except as expressed provided herein. No right, title, or interest in the Site or any Content is transferred to you, and all rights not expressly granted are reserved by Bromeliad Homes. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate applicable laws.
3. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing date not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) sending unsolicited mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree, further, not to sue or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Bromeliad Homes on this Site other than generally available third party we browsers (e.g., Google Chrome, Microsoft Edge, Appe Safari, or Mozilla Firefox).
Access to this site might be monitored – the requesting URLs, the machine originating the request, and the time of the request might be logged for access statistics and security purposes. Use of this Site constitutes consent to such monitory. This Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Bromeliad Homes cannot predict or control when such downtime may occur and its duration.
4. Booking Terms
4.1 Booking Availability
While we strive to provide accurate availability and booking information, Bromeliad Homes does not guarantee the availability of any property until your booking is confirmed. We reserve the right to correct any errors in availability information, including pricing, duration of promotions, calendar availability, etc., at any time.
4.2 Booking Confirmation
All bookings are subject to acceptance and confirmation by Bromeliad Homes. If a booking is confirmed in error due to system issues, calendar errors, or miscommunication, Bromeliad Homes reserves the right to cancel the booking and refund any payments made by you without liability.
4.3 House Rules and License Agreement
All bookings to any of our properties via this Site are subject to you agreeing and accepting the terms and conditions outlined in the License Agreement and House Rules for the properties. If you do not agree with such rules, please let us know immediately so that we can work with you in good faith to resolve the issue or cancel your reservation.
5. Pricing and Payment
5.1 Pricing Information
The prices displayed on the Site are subject to change without notice. Bromeliad Homes reserves the right to correct any pricing errors or inaccuracies, including after you have submitted your booking request. In the event of a pricing error, we will notify you as soon as possible, and you may choose to either reconfirm your booking at the correct price or cancel your booking.
5.2 Payment Terms
Full payment for bookings is required at the time of reservation unless otherwise stated. You are responsible for ensuring that all payment details are accurate. Bromeliad Homes may cancel your booking if payment is not received or processed correctly.
Payment for reservations in this Site are processed by third-party service providers/payment processors, and such electronic payments are governed by the terms and conditions of such third-party service providers/payment processors, which are outside of Bromeliad Homes control. Therefore, you agree that Bromeliad Homes has no liability for any issues involving such third-party service providers/payment processors.
You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
6. Accuracy & Integrity of Information; Content Corrections
While Bromeliad Homes strives to provide accurate information on the Site, we cannot guarantee the completeness or accuracy of any marketing or sales information and therefore we make no representation, warranties or guarantees whatsoever as to het correctness or accuracy of the Site and its content. We reserve the right to correct any errors or omissions in the content
of the Site, including typographical errors, incorrect descriptions, incorrect prices, and/or availability. Any such errors will not be binding on Bromeliad Homes, and we may cancel any bookings or transactions affected by incorrect information.
Information in this Site may be changed or updated without notice. Additionally, Bromeliad Homes and its affiliates shall have no responsibility or liability for information or content posted to the Site from any non-Bromeliad Homes affiliated party.
We have made significant efforts to accurately our homes that appear on the Site. However, we are constantly replacing certain furnishings, decorative items, or other amenities and the pictures on this Site might not display the current state of some of these items or amenities in the listed properties.
7. Booking Cancellations and Modifications
7.1 Cancellation Policy
Our cancellation policy is outlined in the booking confirmation you receive at the time of booking. Please review the terms carefully, as cancellation policies may vary based on the property and booking period.
7.2 Modifications by Bromeliad Homes
Bromeliad Homes reserves the right to cancel or modify any booking or listing on the Site for reasons including, but not limited to, system errors, mispricing, Acts of God or force majeure events (including, but not limited to, natural disasters, unexpected damage to the property, etc.). In such cases, we will notify you and provide options for alternative bookings or refunds as applicable.
8. Limitation of Liability
Bromeliad Homes is not responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages whatsoever arising out of or relating in any way to the use or inability to use the Site, including for bookings made through the Site. We are not liable for any inaccuracies, omissions, or errors in the content displayed on the Site. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked sites is to stop using the site and/or those services.
9. Waiver of Class Action, Dispute Resolution & Arbitration
We will work with you in good faith to resolve any issue you have with the Site, including bookings or any other products or services purchased through the Site if you bring the issue to our attention. However, we realize that there may be rate cases where we may not be able to resolve an issue to a customer’s satisfaction.
9.1 Waiver of Class Action
You and Bromeliad Homes agree that any disputes arising from or related to the use of the Site or these Terms of Use will be resolved on an individual basis and not as part of a class, collective, or representative action. You expressly waive any right to bring or participate in a class action lawsuit or class-wide arbitration against Bromeliad Homes.
9.2 Binding Arbitration
You and Bromeliad Homes agree that, unless prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Site, or any booking made through the Site shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, as modified by these rules. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bromeliad Homes are each
waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive the termination of these Terms of use and any other contractual relationship between you and Bromeliad Homes.
If you desire to assert a claim against Bromeliad Homes, you must first send written notice of your claim to Bromeliad Homes, via certified mail (“Notice”). The Notice shall be addressed to Bromeliad Property Solutions LLC, Attn: M. Gavioli, President, 1522 N Prospect Ave #1004, Milwaukee, WI, 53202. If Bromeliad Homes wishes to assert a claim against you, it will send a written notice to the most recent address we have on file or otherwise is in our records for you. If Bromeliad Homes and you do not resolve the claim within 30 days after the Notice is received, you or Bromeliad Homes may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offers made by Bromeliad Homes to you shall not be disclosed to the arbitrator.
The arbitration will be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.3 Arbitration Procedures
- The arbitration shall be conducted in a mutually agreed location in Milwaukee, WI or virtually, as determined by the parties or the AAA.
- The arbitrator shall apply the law of the state of Wisconsin to all disputes.
- The arbitrator’s decision will be final and binding, and the arbitrator shall have the authority to award any relief available in a court of law.
- Each party shall bear its own costs and fees in connection with the arbitration unless the arbitrator rules otherwise.
9.4 Exceptions
Notwithstanding the foregoing, Bromeliad Homes reserves the right to seek injunctive relief in a court of competent jurisdiction to protect its intellectual property or other proprietary rights. Furthermore, Bromeliad Homes and You can file a claim in small claims court in Milwaukee, WI.
10. Governing Law
These Terms are governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions. Any disputes arising from these Terms of Use that are not subject to arbitration will be subject to the exclusive jurisdiction of the courts located in Milwaukee, WI.
11. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at bromeliadhomes@gmail.