Welcome to Brek. The Brek website and any associated mobile and software applications on which these Terms of Service Agreement ("Terms") are posted (collectively, the "Site") is comprised of various web pages operated by PageOne Lab, Inc. ("Brek," "us," "we," or "our"). The Site is offered to you conditioned on your acceptance without modification of these Terms. These Terms constitute a legally binding agreement between Brek and you concerning your use of the Site. We encourage you to print these Terms or save them to your device or computer for reference.
Disclaimer for Third-Party Information and Third-Party Offers
Brek provides a search engine for locating and comparing vacation rental properties. We do not own, manage, or control booking of the properties. Brek allows you to create an account to save your "favorite" listings, but if you select a listing from our Site, we will redirect you to the website of the third party responsible for booking the property. Your use of third-party websites is governed by the terms and conditions and privacy polices of those websites.
Brek makes no representation or warranty regarding any vacation rental property. You agree that your booking and utilization of any property will be governed by your agreement with the owner and/or booking agent for the property. You agree that Brek shall have no liability with respect to your booking, any third-party website, offer, or content, or any utilization of vacation rental properties.
Dispute Resolution and Mandatory Arbitration
Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN SAN FRANCISCO, CALIFORNIA BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION.This arbitration provision will be governed by the Federal Arbitration Act and federal arbitration laws. The arbitration shall be administered by JAMS pursuant to its "Streamlined Arbitration Rules and Procedures," and the arbitrator shall apply California laws. For more information, see www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in San Francisco, California. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial consumer arbitration fee of $250 to JAMS; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. The prevailing party shall be entitled to receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.
Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IN AID OF ARBITRATION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN SAN FRANCISCO, CALIFORNIA. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN SAN FRANCISCO, CALIFORNIA.
Choice of Law. SUBJECT TO THE ABOVE, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN SAN FRANCISCO, CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.
Visiting the Site constitutes electronic communication. You consent to receive electronic communications, including marketing emails and emails about your "favorite" listings and upcoming stay; and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
The Site is directed to users who are 18 or older and otherwise competent to enter into lawful contracts under applicable law. Brek does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use the Site only with the permission of a parent or guardian.
Third-Party Sites/Third-Party Services
If you select a vacation property from the Site, you will be redirected to the third-party website that makes the property available for booking ("Third-Party Sites"). The Site may also include other links to Third-Party Sites. The Third-Party Sites are not under the control of Brek and Brek is not responsible for the contents of any Third Party Site, or the products or services provided on or through any Third-Party Site. The inclusion of any link or feature to save "favorite" listings does not imply endorsement by Brek of the Third-Party Sites or any association with its operators.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site subject to your strict compliance with these Terms. As a condition of your use of the Site, you warrant to Brek that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brek or its suppliers or licensors, or Third-Party Sites and their users or licensors, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Brek content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for your personal non-commercial use and will make no other use of the content without the express written permission of Brek and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brek or our licensors except as expressly authorized by these Terms.
To use parts of the Site, including to save or access a favorite list of properties, you may be required to create a user account, such as by signing up/in via Google. Through your account, you may also link other users and comment on, vote on, and add to favorite lists of properties. You represent that all information provided in connection with your account is current, complete, and accurate. You are entirely responsible for activity under your account and maintaining the confidentiality of any account credentials, and you should immediately notify us of any unauthorized access. We will not be liable for anyone else using your account. If we believe that you have violated these Terms, we may refuse further access and suspend or terminate your account.
You are expressly restricted from all of the following:
The Site is controlled, operated, and administered by Brek from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Brek, its owners, officers, mangers, employees, and agents, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of the Site or our services, your account, your booking or utilization of properties listed on the Site, or your violation of any applicable laws, rules, or regulations or these Terms. Brek reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brek in asserting any available defenses; and you shall not settle any claims without our express written consent.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Brek AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Brek AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, ACCOUNTS, "FAVORITE" FEATURES, SERVICES, OFFERS, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.Brek AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, OFFERS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Brek reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. If you breach these Terms or any applicable law, your rights under these Terms, including your right and limited license to use the Site, will immediately terminate without further notice to you. Without limiting any other provision of these Terms, the provisions relating to indemnification, dispute resolution and mandatory arbitration, miscellaneous terms, and liability disclaimers shall expressly survive termination of these Terms.
Changes to Terms
Brek reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Brek encourages you to periodically review the Terms to stay informed of our updates.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Site where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.
European Commission Platform for Online Dispute Resolution
The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/
Brek does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brek as a result of these Terms or your use of the Site. Brek performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits Brek right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brek with respect to such use. These Terms are severable, and if any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, and the mandatory arbitration provision, set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. Neither party will be liable for any force majeure event beyond its reasonable control, including an act of God, riot, war, terrorist act, pandemic, natural disaster, government order, strike, fire, or explosion. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Brek with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Brek with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.