Updated October 31, 2018

Welcome to Occupi, located at 159 20th St, Brooklyn, NY 11232("Occupi," "we," or "our").

By using the websites located at www.occupi.us and www.occupi.nyc, as well as the related mobile websites, the mobile application called Occupi (the “App”), and the hardware device provided by Occupi (the “Device”), and there service provided thereon and thereby (collectively, the “Service”), you agree to be bound by these Terms of Use (this “Terms of Use” or “Agreement”), whether or not you register as a member of Occupi ("Member"). If you wish to become a Member and/or make use of the Service, please read this Agreement. If you object to anything in this Agreement or the Occupi Privacy Policy, do not use the Service.


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. 

  1. Electronic Agreement.  This Terms of Use is an electronic contract that sets out the legally binding terms of your use of the Service. This Terms of Use is subject to change by Occupi at any time, effective upon posting on the Service. By accessing and/or using the Service or becoming a Member, you accept this Terms of Use and agree to the terms, conditions and notices contained or referenced herein. Your continued use of the Service following Occupi’s posting of revised terms of any section of the Terms of Use will constitute your express and binding acceptance of and consent to the revised Terms of Use.
  2. 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.
  3. Eligibility. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Terms of Use and to abide by all of the terms and conditions of this Terms of Use.
    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.
  4. License for Mobile Application. Occupi grants you, subject to your compliance with these Terms of Use, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these Terms of Use. You are prohibited from running any version of the App on a jailbroken device.

You acknowledge and agree that new or updated versions of the App may include new or updated Terms of Use. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.
  5. 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.
  6. 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.
  7. 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:
    1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
    2. You have read and understand this Terms of Use; and
    3. You agree to this Terms of Use on behalf of the Subscribing Entity.
    Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Service, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Service, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Occupi, which may be revoked at any time, for any reason, in Occupi’s sole discretion.
  8. 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.
    In creating and maintaining your account, you agree to provide accurate information to us at all times. In the event that you discover that you have provided inaccurate or misleading information, you agree to immediately correct such information. If you use an alias as your account name, you agree not to use an alias that is vulgar, defamatory, offensive, or that violates any third party’s intellectual property rights or otherwise violates these Terms of Use or the Occupi Privacy Policy.
  9. Your Use of the Service
    1. You must not copy or capture, or attempt to copy or capture, any content from the Service, unless given express permission by Occupi.
    2.  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.
    3.  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.
    4.  You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
    5.  You must not distribute,sell, sublicense, rent, or lease the Device, or otherwise provide third parties with use of the Device.
    6.  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.
    7.  You must not rent, sell or lease access to the Device and/or the Service, or any Content available thereon.
    8.  You must not publiclydisseminateperformanceinformationoranalysis regarding theDevice.
    9.  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.
    10.  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.
    11.  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.
    12.  You must not use the Service to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
      1. 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;
      2.  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
      3.  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;
      4.  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
      5.  any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
    13.  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.
    14.  You must not rent, sell or lease access to the Service, or any content on the Service.
    15.  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.
    16.  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.
    17.  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.
    18.  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.
    19.  You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Occupi; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Occupi’s servers, system or network or attempt to breach Occupi’s data security or authentication procedures; attempt to interfere with the Service by any means including, without limitation, hacking Occupi’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Occupi under these Terms of Use, Occupi reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
    You agree to comply with the above conditions, and acknowledge and agree that Occupi has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
  10. 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. 
  11. Membership; Pricing; Charges on Your Account.
    1. General. Please note that the billing policies that are disclosed to you in subscribing to the service are deemed part of this Terms of Use. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Service.
    2. 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.
    3. 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.


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.
  12. 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.
  13. No Employment or Agency Relationship. You acknowledge and agree that these Terms of Use, and the Privacy Policy, do not create any employment, agency, partnership, or joint venture relationship between you and Occupi.
  14. 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.
    Occupi may, in our sole discretion, remove any content posted on the Service, for any reason or no reason whatsoever. Notwithstanding the foregoing, we are not obligated to monitor content uploaded to the Service and we do not guarantee that we will remove any content that violates these Terms of Use or is illegal or otherwise objectionable.
  15. 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

  16. 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.
  17. Term. This Terms of Use will remain in full force and effect while you use the Service. You may terminate your membership at any time by emailing us at [email protected] If you resign or cancel your membership to Occupi, to help Occupi analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation.
    Occupi may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Occupi. All decisions regarding the termination of accounts shall be made in the sole discretion of Occupi. Occupi is not required to provide you notice prior to terminating your membership. Occupi is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Terms of Use will remain in effect. All terms that by their nature may survive termination of this Terms of Use shall be deemed to survive such termination. In the event that Occupi terminates your membership, you will be responsible for return of the Device in accordance with Section 5.
    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.
  18. 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.
  19. 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.
    We may provide links to third party websites, and some of the content appearing on Occupi may be supplied by third parties. Occupi has no responsibility for these third party websites nor for their content, which is subject to and governed by the terms of use and/or privacy policies, if any, of the applicable third party content providers.
    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).
  20. 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.
  21. 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:
    1.  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;
    2.  a description of the copyright work(s) that you claim have been infringed;
    3.  a description of the content that you claim is infringing and the Occupi URL(s) where such content can be located;
    4.  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;
    5.  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
    6. 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:
    7.  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
    8.  your electronic or physical signature (which may be a scanned copy).
    Occupi will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
    The foregoing process applies to copyright only. If you discover any content that you believe to be in violation of your trademark rights, please report this to us by mail or email at 159 20th St, Brooklyn, NY 11232or [email protected] In all other cases, if you discover content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at 159 20th St, Brooklyn, NY 11232or [email protected]
  22. 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.
  23. Terms for the iOS App. You acknowledge and agree that this Terms of Use is between you and Occupi only, and that Apple is not a party to these Terms of Use. Occupi, not Apple, is responsible for the App and its contents. 
    You must not use the iOS App except on an Apple-branded product that is running iOS. Any use of the App by you must comply with the relevant terms of use for the Apple Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple does not have any obligation to furnish you with maintenance and/or support services with respect to the App.
    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).
    Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be Occupi’s responsibility, to the extent allowable by these Terms of Use. It is important that you read the entire Terms of Use, as other sections of these Terms of Use limit our liability.
    Apple and its subsidiaries are third-party beneficiaries of these Terms of Use. By accepting these Terms of Use, you acknowledge and agree that Apple shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Use against you as a third party beneficiary. Apple is the sole third party beneficiary and there are no other third-party beneficiaries of the Terms.
  24. 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.
    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.
  26. 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:
    1.  your use of the Service in violation of this Terms of Use and/or arising from a breach of this Terms of Use including without limitation your representations and warranties set forth above;
    2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Service, and/or your making available thereof to other users of the Service, and/or the actual use of Your Content by other users of the Service or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
    3.  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.
  27. Attorney Fees. In the event that Occupi is successful in whole or in part in any action or proceeding related to or arising from this Terms of Use, you shall be responsible for Occupi’s attorneys' fees and costs.
  29. 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.
  30. 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.
  31. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Terms of Use.
  32. Availability Outside the U.S. If you access Occupi from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Service from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement the Occupi Privacy Policy.
  33. Entire Agreement. This Terms of Use, along with the Occupi Privacy Policy, contains the entire agreement between you and Occupi regarding the use of the Service.
  34. Severability; Waiver. If any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, Occupi’s failure to enforce any term of this Terms of Use shall not be deemed as a waiver of such term or otherwise affect Occupi’s ability to enforce such term at any point in the future.
  35. Headings. The section headings contained in this Terms of Use are for reference purposes only and shall not in any way affect the meaning or interpretation of this Terms of Use.

Please contact us with any questions regarding this agreement. Occupi is a trademark of Occupi.

Occupi reserves all rights not expressly granted in these Terms of Use.