Updated October 31, 2018
Welcome to Occupi, located at 159 20th St, Brooklyn, NY 11232("Occupi," "we," or "our").
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION AND CLASS ACTION WAIVER CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Service provides an online marketplace on which sellers may create listings to showcase properties, and buyers may express interesting in those listings. You acknowledge and agree that Occupi is not a party to any agreement(s) entered into between buyers, sellers, and/or other users of the Service. We do not own, operate, or have any control over the properties or listings. You acknowledge that you are solely responsible for your interactions, correspondence, and transactions with other users of the Services, whether on the Site, the Applications, in person, or otherwise. Please exercise good judgment and common sense; conduct all necessary, appropriate, and prudent inquiries, investigations, research, and due diligence; and take all necessary precautions when interacting with others or publicly posting Content.
- Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
- License for Device. Subject to the terms of this Agreement, Occupi hereby grants you a non-exclusive, nontransferable, nonsublicensable, revocable license to use the Device during the term of this Agreement.
You acknowledge and agree that the Device is leased, not sold, to you. All title to the Device shall remain solely with Occupi. In the event that either (a) you resign your Membership to the Service, or (b) Occupi makes a written request, you agree to return the Device to Occupi within ten (10) days of either the date of cancellation or Occupi’s request.
- Damage to the Device. You acknowledge and agree that you will be fully responsible for any loss or damage that occurs to the Device while the Device is in your possession. Further, you agree to take all reasonable measures to protect the Device from damage, deterioration, theft and/or loss. In the event that the Device is damaged, lost, or stolen, you acknowledge and agree that you will be solely responsible for the costs of replacement or repair. Payment for replacement or repair of the Device will be due no later than 30 days after written demand from Occupi therefor.
You are solely responsible for obtaining and maintaining insurance that is necessary or advisable to protect the Device.
- Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
- Account Creation and Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Occupi of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Occupi will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Occupi account.
- Your Use of the Service
- You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Occupi.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Service.
- You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
- You must not distribute,sell, sublicense, rent, or lease the Device, or otherwise provide third parties with use of the Device.
- You must not sell or transfer, or offer to sell or transfer, access to the Device to any third party without the prior written approval ofOccupi.
- You must not rent, sell or lease access to the Device and/or the Service, or any Content available thereon.
- You must not publiclydisseminateperformanceinformationoranalysis regarding theDevice.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Service or any content appearing on the Service.
- You must not, and must not permit any third party to, copy or adapt the object code of the Service, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Service, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Service.
- You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
- any content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Occupi’ssole and reasonable discretion;
- any information, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
- any content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Occupi’s sole and reasonable opinion;
- any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Service or servers or networks forming part of, or connected to, the Service, or which does or might restrict or inhibit any other user's use and enjoyment of the Service; or
- any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Service, or any content on the Service.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Occupi employee. If Occupi determines that any user has threatened, stalked, harassed, or verbally abused any Occupi employee or another Occupi Member, Occupi reserves the right to immediately terminate that user’s membership and suspend access to the Service.
- You must not sell or transfer, or offer to sell or transfer, any Occupi account to any third party without the prior written approval of Occupi.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- How It Works. Sellers can use Occupi to connect with potential Buyers. Sellers may list their Property for sale or rent on the Service, which shall constitute a "Listing." If a real estate agent or salesperson facilitates the rental or sale of a Listing then all applicable state and/or city laws and regulations will be adhered to.
By placing a Listing on the Service, you must provide all information requested by Occupi, and you may be required to upload documents confirming that you have the right to sell or rent the Property in question.
As a Seller, it is your responsibility to disclose to Buyers any dangers present on the Property (such as, for example, a sinkhole or body of water). Seller is solely responsible for disclosing such dangers prior to Buyer entering the Property.
If you are a Seller, you represent and warrant that you have obtained, or will obtain, all necessary insurance for the Property. You are solely responsible for obtaining an adequate and appropriate insurance policy, and for ensuring that the terms of that policy are sufficient for the purpose for which the Location is being sold or rented.
- Membership; Pricing; Charges on Your Account.
- Billing. Occupi bills you through an online account (your "Billing Account") for use of the Service. You agree to pay Occupi all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Occupi to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. Occupi reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Occupi may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by Occupi) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Occupi could reasonably act. You may change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the "Payment Method Provider") in your account settings in the App. For your convenience, we take your payment information so that your Occupi membership will not be interrupted. We auto-renew your membership at the level you selected. Your Occupi subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, simply email us at [email protected] or cancel your subscription in your settings on the App. Please note that you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. d. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY OCCUPI IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE OCCUPI ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT OCCUPI MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY OCCUPI). e. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. f. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that Occupi is authorized to charge your Payment Method. Occupi may submit those charges for payment and you will be responsible for such charges. This does not waive Occupi’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
- Shipping; Shipping Costs and Taxes. If you elect to lease the Device, your total price will include the price of such lease plus a flat shipping cost and sales tax. Sales tax will depend on your shipping address and the sales tax rate in effect at the time you make a purchase. If goods sold over the internet are not taxable in your state, you will not be charged a sales tax. You may return the Device by shipping it to us at 159 20th St, Brooklyn, NY 11232.
- You Bear Risk of Upload. Occupi uses reasonable security measures in order to attempt to protect any content or information that you upload, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”). However, Occupi cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will Occupi be liable for any copying or usage of Your Content not authorized by Occupi. You hereby release and forever waive any claims you may have against Occupi for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY OCCUPI HEREIN ARE PROVIDED AND USED "AS-IS" AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
- Modifications to Service, Termination of Service. Occupi reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Occupi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
- Blocking of IP Addresses. In order to protect the integrity of the Service, Occupi reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Service.
If either you or Occupi terminates your membership, you may lose Your Content or any other information stored on or in association with your account.
- Third Party Content. Occupi may provide third party content on the Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Occupi does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that Occupi does not create Third-Party Content, nor does Occupi update or monitor it. Occupi is therefore not responsible for any Third-Party Content on the Service. Members use such Third-Party Content at their own risk.
The Service may include links or references to other web sites or services solely as a convenience to Occupi users (collectively, the “Reference Sites”). Occupi does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Intellectual Property. Occupi, the Occupi logos and any other product or service name or slogan contained in the Service are trademarks of Occupi or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Occupi or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Occupi may provide you from time to time.
Occupi retains all proprietary rights in the Service, except where otherwise noted. The Service contains the copyrighted material, trademarks, and other proprietary information of Occupi, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content onOccupi is proprietary. Except where otherwise specified in this Agreement, all content is copyrighted material of Occupi and for OccupiMembers' use only. Distribution of content to others is strictly prohibited. You agree that Occupi would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Occupi shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
You may not use any metatags or any other hidden text utilizing "Occupi" or any other name, trademark or product or service name ofOccupi without our prior written permission. In addition, the look and feel of the Occupi Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Occupi and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Occupi. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Occupi’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
- Ownership of Your Content; Licenses. You agree that any content you upload to the Service (“Your Content”) shall become the property of Occupi. This shall have no effect on Sections 23 (Copyright Policy), 26 (Limitation of Liability), and 27 (Indemnity by You) of this Agreement.
However, with respect to Your Content, Occupi grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use.
In the event that you send any unsolicited ideas, suggestions, or feedback to Occupi (collectively, the “Feedback”), you acknowledge and agree that such Feedback is non-confidential and non-proprietary to you, and you grant to Occupi a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such Feedback for any reason or purpose, without attribution or compensation to you.
- Copyright Policy. Occupi prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to: 159 20th St, Brooklyn, NY 11232
When contacting us, please make sure that you include the following information:
- a statement that you have identified content on Occupi that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the content that you claim is infringing and the Occupi URL(s) where such content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your Occupi user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
- Repeat Infringer Policy. In accordance with the DMCA and other applicable laws around the world, Occupi has adopted a policy that it will promptly terminate without notice any user's access to the Service if that user is determined by Occupi to be a "repeat infringer." A repeat infringer includes, without limitation a user who has been notified by Occupi of infringing activity violations more than twice and/or who has had any user-submitted content removed from the Service more than twice. Occupi may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
In addition, Occupi accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the App, including, but not limited to, warranty or liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).
- Limitation of Liability. Occupi acts as a marketplace to connect individuals or entities who are seeking to sell, buy, or rent properties (each, a “Seller” and collectively, the “Sellers”) and individuals or entities that wish to buy or rent the property (each, a “Buyer” and collectively, the “Buyers”). Any property offered for sale or rent shall be referred to as a “Property” (or, if in the plural, “Properties”).
Unless we have signed a state-mandated written agreement with you that states otherwise, we have no special relationship with or fiduciary duty to you.
In no event shall Occupi, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Users acknowledge that all content accessed by you using the Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not assume any responsibility or liability or make any warranties or guarantees that any Content you access on or through the Services is or will continue to be accurate, safe, or legal. All Content and information are subject to errors, omissions, changes in price, prior sale or rental, or withdrawal without notice. No representation, warranty, covenant, or guarantee is made as to the accuracy of any description. All measurements and square footages are approximate and may not be relied upon by you. All information should be confirmed by you.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Occupi and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to Occupi during the six months prior to notice to Occupi of the dispute for which the remedy is sought.
- Disclaimer. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY LISTING, PROPERTY, CONTRACT, CONTENT, OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF LISTING INFORMATION, PROPERTIES, CONTENT, OR SERVICES.
You acknowledge and agree that we (i) do not decide what price is appropriate for the Listing; (ii) do not guarantee the condition of any properties or the performance, adequacy, or completeness of inspections, services, products, or repairs; (iii) do not have any obligation to conduct any inspections whatsoever, including, without limitation, of common areas, offsite areas, or other aspects of the properties; (iv) have no responsibility for identifying defects with the property or inspecting public records or permits regarding title or use of the properties; (v) are not responsible for verifying square footage, representations of others, or information contained in any property reports, Listings, or promotional materials; and (vi) are not responsible for providing legal or tax advice regarding any transactions.
- Indemnity by You. You agree to indemnify and hold Occupi, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Occupi.
- Parental or Guardian Permission. Some of the content on the Service may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE OCCUPI THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
- Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Service, by using the Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of New York with the same force and effect as if such service had been made within the State of New York. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, "Claim") arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of New York, County of New York, or the United States District Court for the Southern District of New York.
Please contact us with any questions regarding this agreement. Occupi is a trademark of Occupi.