Odd Couples Housing, Inc.
Last Updated: 11/16/17
Effective Date: 11/16/17
1. General Description of Services.
Odd Couples Housing, Inc., a Delaware corporation (“OCH”), offers a housemate-matching platform geared toward providing individuals who are 50 years of age and older and who would like to share their respective dwelling with a housemate between the ages of 21 and 30 years of age (each, a “Homeowner”) and individuals who are 21 through 30 years of age and would like to share a Homeowner’s dwelling (each, a “Seeker”) with Potential Matches (as defined below) (the “Services”).
2. General Purpose of Agreement.
This Terms of Service Agreement (the “Agreement”) governs the relationship and establishes the rights and responsibilities of OCH and you (“you” or “your”) as a User (as defined below) of the Services. In this Agreement, Homeowners and Seekers may be referred to together as “Users” (and each, individually, as a “User”) and you and OCH may be referred to together as the “Parties” and individually as a “Party.” All exhibits or attachments attached hereto are hereby incorporated by reference into this Agreement. All capitalized terms contained in any exhibit or attachment attached hereto shall have the meanings ascribed to them in this Agreement.
3. User Eligibility.
3.1 Homeowner Eligibility.
- To be eligible to use the Services as a Homeowner, you must meet the following criteria (the “Homeowner Criteria”):
- Be at least 18 years of age;
- Be a full-time resident in a habitable dwelling located in the United States (the “Homeowner’s Home”);
- Have any and all required permissions necessary to permissibly share the Homeowner’s Home with a Seeker;
- Will not violate any homeowner’s insurance, renter’s insurance, or similar insurance, or any lease, mortgage, deed of trust, or similar document by sharing the Homeowner’s Home with a Seeker;
- Do not need the assistance of a Seeker for any sort of healthcare or self-care needs;
- Be entering into this Agreement on your own volition and have the competence and capacity to understand and agree to this Agreement;
- Have read and understand the Notices for Homeowners attached as Exhibit A hereto;
- Have access to the internet in order to access this OCH website (the “Website”); and
- Have entered into this Agreement.
You represent and warrant that if you are accessing the Services as a “Homeowner” that you meet and will continue to meet the Homeowner Criteria during the Term of this Agreement (as provided in Section 10) and that you will report any change in your compliance with the Homeowner Criteria to OCH as soon as practicable, but no more than 24 hours after such change.
3.2 Seeker Eligibility.
To be eligible to use the Services as a Seeker, you must meet the following criteria (the “Seeker Criteria”):
- Be at least 18 years of age;
- Be an individual desiring to share a Homeowner’s Home;
- Be entering into this Agreement on your own volition and have the competence and capacity to understand and agree to this Agreement;
- Have access to the internet in order to access the Website; and
- Have entered into this Agreement.
You represent and warrant that if you are accessing the Services as a “Seeker” that you meet and will continue to meet the Seeker Criteria during the Term of this Agreement (as provided in Section 10) and that you will report any change in your compliance with the Seeker Criteria to OCH as soon as practicable, but no more than 24 hours after such change.
3.3 Anticipated Age Ranges.
The Services were designed for Homeowners who are 50 years of age or older and Seekers who are 21 to 30 years of age (the “Anticipated Age Ranges”). OCH will not turn away Homeowners or Seekers of other ages EXCEPT THAT: Users MUST be 18 years of age or older to use the Services. You understand that if you are outside of the Anticipated Age Ranges that you may not be as successful in using the Services in order to find a Homeowner or Seeker, as applicable, with whom you would like to work with to finalize a Housemate Arrangement (each a “Housemate Match”) as those Users within the Anticipated Age Ranges since the Services were designed to match Users within the Anticipated Age Ranges.
3.4 Items the Services Do NOT Include.
The Services are designed to assist you with finding Potential Matches. The Services do NOT include:
Assistance with any decision or agreement between a Seeker and a Homeowner that they will share the Homeowner’s Home and the terms and conditions of such arrangement (each a “Housemate Arrangement”); provided, however, attached as Exhibit F is a form of “Housemate Agreement” you may choose to use as a starting point. OCH makes no representations about such form and its content, and recommends each Homeowner and Seeker seek independent legal counsel with respect to such Housemate Agreement or any Housemate Arrangement;
Providing legal advice of any kind (including advice regarding landlord/tenant law or matters, fair housing laws, and zoning laws);
Intervening in, or resolving, disputes between Users;
Conducting background and/or credit checks on Users or “screening” Users or their Content for accuracy; provided, however, our website documents contain links to certain credit and background checking agencies which you may utilize and for which we may receive a referral fee. We do recommend you do a background check and credit check in determining whether to move forward with a Potential Match, but you may utilize in your sole discretion which credit and background service firms you use.
Ensuring you comply with, or apprising you of, any Law (as defined below); or
Overseeing or monitoring Housemate Arrangements.
4. Process to Work Toward a Housemate Arrangement.
4.1 . Profile Questionnaire.
Purpose. In order to access the Services, after entering into this Agreement, you will fill out a “Profile Questionnaire.” The Profile Questionnaire contains general questions about a User’s likes and dislikes, basic information about the home, what features of a Homeowner’s Home would be most desirable to a Seeker, and what general qualities a Homeowner is looking for in a Seeker (such as whether it is important to such Homeowner that a Seeker shares in the housekeeping duties) and vice versa. Information, data, text, photographs, graphics, messages or other materials (collectively, “Content”) that a User publicly or privately posts, transmits, provides or makes available (in any manner whatsoever)(collectively, Content that a User “Supplies”) in response to the Profile Questionnaire allows OCH to identify potential Homeowner or Seeker options (as applicable) with whom a User may consider himself or herself as a good fit as a Seeker Match and with whom a User may desire to work toward a Housemate Arrangement (each a “Potential Match” and collectively, the “Potential Matches”). The Content you Supply to OCH in response to the Profile Questionnaire will be matched by OCH with Content Supplied by other Users in response to the Profile Questionnaire electronically via a computer algorithm. The Profile Questionnaire is not a psychological assessment and should not be considered or relied upon as medical advice.
Your Representations and Warranties Regarding the Profile Questionnaire and All Content You Supply to OCH or Others in Connection with Your Use of the Services. You represent and warrant that any Content that you Supply to OCH or to others in connection with the Services (including Content you provide in response to the Profile Questionnaire) is true, accurate, current and complete. If, while you are a User of the Services, any Content which you Supply or have Supplied to OCH or others in connection with your use of the Services (including in connection with the Profile Questionnaire) becomes inaccurate or incomplete at any time, you agree that you will promptly notify OCH and any others with whom you have Supplied such Content. If you Supply any Content to OCH or to others in connection with your use of the Services that (as determined in OCH’s sole discretion) is untrue, inaccurate, incomplete, fraudulent, or misleading, OCH reserves the right to immediately terminate this Agreement and your access to the Services.
4.2 Matching Results.
Your Receipt of Content Supplied by Potential Matches. If OCH identifies Potential Matches for you, OCH will provide you with certain Content from such Potential Matches’ responses to their respective Profile Questionnaires. This Content will not necessarily contain the Potential Matches’ full names, phone numbers, or email addresses, but will instead contain Content similar to that Content described above in Section 4.1(a). OCH may provide you with Content regarding your Potential Matches either on print-on-paper writing or via the Website. You are required to read OCH’s Nondiscrimination Policy attached as Exhibit B hereto prior to reviewing Content from any Potential Matches and you are required to abide by the terms of OCH’s Nondiscrimination Policy at all times in connection with your use of the Services.
Sharing of Content from Your Profile Questionnaire. You understand that not only will you receive Content Supplied by Potential Matches, but that Content you Supply in response to the Profile Questionnaire will likely also be shared with other Users, as you may yourself be a Potential Match to another User. With respect to Content you Supply to OCH, you grant OCH, its affiliates, licensees, successors, and representatives an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content and the irrevocable right to sublicense the Content with the sublicensee having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, publicly display, and prepare derivative works of, such Content (in whole or in part and including any such derivative works) and to incorporate such Content into other works in any format or medium now known or later developed. This Section 4.2(b) will survive termination of this Agreement.
No Obligation or Guarantee Regarding the “Quality” or “Fit” of Potential Matches. Although OCH will use its commercially reasonable efforts to recommend Potential Matches that may be a good fit for pursuing a Housemate Arrangement in terms of the qualities of a Seeker that a Homeowner is looking for or the qualities of a Homeowner or Homeowner’s Home that a Seeker is looking for, OCH cannot guaranty to you that it is providing you with the “best” Potential Matches. In addition, OCH does not guarantee that any Potential Match will be a good fit for your needs. This Section 4.2(c) will survive termination of this Agreement.
No Obligation or Guarantee Regarding Number of Potential Matches. While it is OCH’s desire that you find a Housemate Match via use of the Services, OCH does not guarantee that you will find a Housemate Match through your use of the Services, and OCH does not guarantee that it will present you with any, or any specific number of, Potential Matches. OCH also disclaims any obligation to continually or periodically update or rematch the Content you Supply in response to the Profile Questionnaire with that of any other User.
Matching Process Using Results from User’s Profile Questionnaire May Continue for as Long as User Partakes in the Services. OCH reserves the right to use the Content you Supply in response to the Profile Questionnaire from the time you Supply such Content until the time that you notify OCH in writing that you no longer desire to access the Services pursuant to Section 10 below.
4.3 Evaluating Potential Matches.
Initiating Contact With a Potential Match. After you have reviewed Content Supplied by a Potential Match as passed through to you via OCH, if you desire to learn more about such Potential Match or meet such Potential Match in person, you will initiate contact with such Potential Match through the Website (if OCH passed such Content through to you via the Website) or by providing permission in writing to OCH to make your phone number available to such Potential Match in order for such Potential Match to use to call you if he or she desires. OCH does not guarantee that any Potential Match with whom you attempt to initiate contact will respond to such overtures. You also understand and agree that other Users to whom you are a Potential Match with respect to their use of the Services may attempt to initiate contact with you either by sending a message to you via the Website or by providing written permission to OCH for OCH to make their phone number(s) available to you in order for you to contact such User(s) if you desire. You understand that you ARE NEITHER OBLIGATED NOR ARE YOU ENCOURAGED OR DISCOURAGED to make contact with any User of the Services, not even a Potential Match. YOU SHOULD USE CARE AND CAUTION WHEN CONSIDERING TO INITIATE OR MAKE CONTACT WITH ANY USER OF THE SERVICES.
Meeting a Potential Match in Person, Providing Personal Information to a Potential Match. After making contact with a Potential Match, you may desire to meet such Potential Match in person or provide personal information (such as your full name, email address, or home address) to a Potential Match. Any decision by you to meet a Potential Match in person or to provide personal information to a Potential Match is your decision. You should exercise care and caution in making the decision to meet a Potential Match in person or provide personal information to a Potential Match. You should consider the safety tips, considerations and suggestions attached as Exhibit C hereto and your own common sense, “gut feelings,” and judgment when considering a decision to meet a Potential Match in person or to provide personal information to a Potential Match. OCH DOES NOT SCREEN ANY USERS AND OCH DOES NOT HAVE ANY OBLIGATION TO FACT-CHECK USER CONTENT, SUCH AS RESPONSES TO PROFILE QUESTIONNAIRES. YOU SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS (INCLUDING OTHER USERS) OR POSTING IT IN A PUBLIC PLACE WHERE SUCH INFORMATION MIGHT BE USED TO HARM OR HARASS YOU OR OTHERWISE BE USED AGAINST YOU.
Background Checks. OCH does not conduct background checks, credit checks or similar “screening” on Users. If you desire to run a background check on a Potential Match, you may utilize background check services advertised on the Website. You acknowledge and agree that while OCH advertises background check services on the Website, and may receive referral fees from such sites when Users access such sites’ background check services via the Website, OCH does not endorse any specific background check service, OCH does not guarantee the results of any background check, and OCH neither recommends nor advises against Users obtaining background checks on Potential Matches. YOU ACKNOWLEDGE AND AGREE THAT WHILE SOME POTENTIAL MATCHES WITH WHOM YOU ARE INTERESTED IN PURSUING A HOUSEMATE ARRANGEMENT MAY REQUIRE THAT YOU: (i) PROVIDE A BACKGROUND CHECK SERVICE WITH PERSONAL INFORMATION IN ORDER TO OBTAIN A BACKGROUND CHECK ON YOU AND (ii) PROVIDE THE RESULTS OF SUCH CHECK TO SUCH POTENTIAL MATCH PRIOR TO FINALIZING A HOUSEMATE ARRANGEMENT (AND WILL DECLINE TO FINALIZE A HOUSEMATE ARRANGEMENT IF YOU DO NOT PROVIDE THEM WITH SUCH BACKGROUND CHECK RESULTS) THAT YOU ARE UNDER NO OBLIGATION TO PROVIDE SUCH INFORMATION TO A BACKGROUND CHECK SERVICE, OBTAIN A BACKGROUND CHECK, OR PROVIDE THE RESULTS OF A BACKGROUND CHECK TO ANY PERSON. IF YOU CHOOSE TO PROVIDE INFORMATION TO A BACKGROUND CHECK SERVICE IN ORDER TO OBTAIN A BACKGROUND CHECK AND/OR PROVIDE THE RESULTS OF SUCH CHECK TO A POTENTIAL MATCH, THAT IS YOUR CHOICE AND DECISION AND YOU SHOULD CAREFULLY CONSIDER THE POTENTIAL RISKS AND BENEFITS OF SUCH DECISION. IF YOU CHOOSE TO UNDERGO A BACKGROUND CHECK, YOU SHOULD ALWAYS PROVIDE THE NECESSARY ACCURATE INFORMATION TO RUN THE CHECK TO A BACKGROUND CHECK SERVICE ITSELF, AND YOU SHOULD NEVER GIVE OUT SENSITIVE PERSONAL INFORMATION THAT WOULD ALLOW A BACKGROUND CHECK TO BE RUN (SUCH AS YOUR SOCIAL SECURITY NUMBER) DIRECTLY, OR INDIRECTLY, TO A POTENTIAL MATCH.
4.4 Deciding on a Housemate Match and Finalizing a Housemate Arrangement.
At some point you and a Potential Match may decide that you consider yourselves to be a Housemate Match and to move forward with finalizing a Housemate Arrangement and, if you are a Seeker, you may be asked to sign a Housemate Agreement and provide payment for your sharing of the Homeowner’s Home. You should exercise care and caution in making the decision to finalize a Housemate Arrangement and/or provide payment to a Homeowner in connection with finalizing a Housemate Arrangement. You should consider the safety tips, considerations and suggestions attached as Exhibit D hereto and your own common sense, “gut feelings,” and judgment when considering a decision to finalize a Housemate Arrangement (including signing a Housemate Agreement) and/or providing payment in connection with a Housemate Arrangement.
OCH does not determine or prescribe the terms and conditions of a Housemate Arrangement. It is up to the Housemate Matches to negotiate and decide on such terms. It is also in your full autonomous discretion to decide to pursue and/or enter a Housemate Arrangement. Various Housemate Matches’ Housemate Arrangements may look different. For example, some Seekers may pay a certain share of the utilities. Other Seekers may provide housekeeping duties in order to share the Homeowner’s Home. OCH does not endorse any particular Housemate Arrangement. However, in order to set a foundation for Housemate Matches to finalize their Housemate Arrangement, if you and your Housemate Match both provide notice to OCH that you and your Housemate Match have determined that you are a Housemate Match, OCH will provide you and your Housemate Match with a “Matching Summary” document that summarizes some of the key Content which OCH interpreted as indicating that you and your Potential Match might be a good “fit” for a Housemate Arrangement.
Attached hereto as Exhibit F is a form of Housemate Agreement OCH has created to assist you and the Potential Match to formalize a Housemate Arrangement. OCH makes no representations as to the adequacy of this Housemate Agreement, and you are encouraged to have any agreement you intend to enter into in connection with a Housemate Arrangement reviewed by an attorney. You shall provide a copy of any such agreement to OCH. Any agreement entered into between a Homeowner and Seeker pertaining to a Housemate Arrangement is hereinafter referred to as a “Housemate Arrangement Agreement”.
4.5 During the Course of a Housemate Arrangement.
OCH does not monitor or oversee Housemate Matches or Housemate Arrangements. It is up to you to make sure that if at any time you feel unsafe, coerced, abused, unfairly influenced, or exploited in your Housemate Arrangement that you contact the proper authorities for help.
It is important to note that the only money you should pay to or on behalf of your Housemate Match during the course of your Housemate Arrangement is the money you decided upon when you finalized your Housemate Arrangement. If your Housemate Match is asking to borrow money, trying to convince you to add him or her to your will or to sign a deed or power of attorney, taking your money or property without your knowledge or consent, verbally berating you, or physically touching you without consent, that is NOT part of a healthy Housemate Arrangement and something is likely WRONG. If you find yourself in a situation where you feel unsafe, coerced, abused, unfairly influenced, or exploited in your Housemate Arrangement, contact the proper authorities to help. If you are having difficulty locating help, keep reaching out – tell a trusted friend, a trusted family member, a trusted clergy member, your doctor, or call your local police station. Remember, if you are ever in immediate danger, call 911 for immediate help.
There are many resources that provide information on what senior and/or elder and vulnerable adult abuse is and how to get help if you are a senior, elder, or vulnerable adult who is being abused or exploited, including the following:
- The U.S. Department of Health and Human Services’ Administration on Aging’s webpage available here: https://aoa.acl.gov/AoA_Programs/Elder_Rights/EA_Prevention/WhatToDo.aspx#happens;
- The Administration on Aging’s Eldercare Locator webpage available here: http://www.eldercare.gov/Eldercare.NET/Public/Index.aspx;
- The National Committee for the Prevention of Elder Abuse’s website available here: http://www.preventelderabuse.org;
- The Administration on Aging’s Eldercare Locator phone number which is: 1-800-677-1116; or
- (if you are in the state of Missouri) the State of Missouri’s Adult Abuse and Neglect Hotline phone number which is 1-800-392-0210.
5. Prohibited Uses of the Services; OCH’s Right to Investigate and Remove Prohibited Content.
5.1 Prohibited Uses.
You agree and represent that you are accessing the Services with the intent of locating a Seeker with whom to share residence in a dwelling and that you will not use (or attempt to use) the Services (either by your action or your omission), or take (or attempt to take) any action in connection with your use of the Services, as follows:
For the purpose of obtaining personal information of a User;
For the purpose of soliciting, selling or offering services, merchandise, or products (including caretaking or sexual services);
For the purpose of selling a home or finding renters or occupants for a short term rental or use of a dwelling;
For the purpose of finding renters or occupants for a dwelling in which the Homeowner does not reside;
In violation of, or to violate, any law, regulation, ordinance, rule, or similar authority (each, a “Law”) (including any anti-discrimination or fair housing laws);
To “find” housemates for others or to “broker” housemate or housing transactions;
To commit fraud;
To reproduce, duplicate, copy, sell, rent, license, resell, create derivative works from, or exploit for any commercial purposes, any of the Content or Services; or
To Supply Content that:
Is unlawful, harmful, hateful, threatening, abusive, violent, profane, discriminatory, prejudicial, disparaging, fraudulent, inaccurate, misleading, dangerous, sexual in nature, offensive, indecent, harassing, threatening, intimidating, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
Infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
Includes or constitutes unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “spimming,” “phishing,” “trolling,” or similar activities, or
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including, but not limited, to any viruses, spiders, data mines, time bombs, Trojan horses, cancelbots, or worms.
5.2 OCH’s Right to Investigate and Remove Prohibited Content.
Although OCH does not approve and/or pre-screen Content, OCH (and its employees and representatives) has the right (but not the obligation) in its sole discretion to investigate, refuse, move, or remove any Content Supplied by you for any reason OCH (as determined in its sole discretion) deems reasonable. This Section 5.2 will survive termination of this Agreement.
6. Fees, Charges and Payments.
6.1 Fee for Use of Services.
You agree to pay a fee to OCH for use of the Services in the amount of $0.00 (no charge as a beta user of OCH technology (the “Services Fee”) by credit card, debit card or PayPal. The Services Fee is not refundable for any reason, even if you do not find a Housemate Match or if OCH ceases operations. After you accept these Terms of Service, you will be directed to the page on our website where you can make payment.
7. Disclosure of Your Content.
In addition to sharing certain Content from your response to the Profile Questionnaire as described in Section 4.1(a), OCH may preserve Content in its sole discretion and OCH may also disclose Content to third parties to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect OCH’s or its employees’ or representatives’ rights, property, or personal safety or the rights, property and personal safety of Users and the public. OCH does not, however, undertake any affirmative obligation to examine Content or disclose Content to any third party for any reason. This Section 7 will survive termination of this Agreement.
8.1 Disclaimer of Warranties.
YOUR USE OF THE SERVICES IS “AS IS” AND AT YOUR SOLE RISK AND OCH EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
OCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY AS HOMEOWNERS OR SEEKERS AND OCH MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE NATURE, FITNESS FOR A PARTICULAR PURPOSE, OR HABITABILITY OF ANY HOMEOWNER’S HOME.
8.2 Disclaimer of Liability.
OCH DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON, OCH BASED UPON, ARISING OUT OF, WITH RESPECT TO, OR BY REASON OF YOUR CRIMINAL, WILLFUL, OR GROSSLY NEGLIGENT ACTION OR OMISSION IN CONNECTION WITH YOUR USE OF OR ACCESS OF THE SERVICES.
YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, YOUR USE OF ANY CONTENT (INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT) AND YOUR USE OF THE SERVICES IN GENERAL. OCH DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON YOU OR ANY PERSON IN CONNECTION WITH ANY ERRORS OR OMISSIONS IN ANY CONTENT, YOUR RELIANCE OR USE OF ANY CONTENT, AND IN CONNECTION WITH YOUR USE OF THE SERVICES IN ANY WAY WHATSOEVER (INCLUDING LOSSES RELATED TO DEATH, BODILY INJURY, AND EMOTIONAL DISTRESS).
YOU UNDERSTAND THAT IF YOU SUPPLY CONTENT VIA THE INTERNET THAT SUCH CONTENT MAY BE TRANSMITTED OVER A NUMBER OF DIFFERENT NETWORKS AND PEOPLE OTHER THAN OCH OR INTENDED RECIPIENTS COULD GAIN ACCESS TO IT. OCH DISCLAIMS LIABILITY FOR ANY AND ALL LOSSES INCURRED OR SUSTAINED BY, OR IMPOSED UPON YOU IN CONNECTION WITH YOUR CONTENT.
THE WEBSITE MAY CONTAIN LINKS TO OTHER WORLD WIDE WEB SITES OR RESOURCES (SUCH AS LINKS TO BACKGROUND CHECKING SERVICES WEBSITES). BECAUSE OCH HAS NO CONTROL OVER SUCH SITES AND RESOURCES, YOU AGREE THAT OCH IS NOT RESPONSIBLE FOR THE CONTENT OR FUNCTIONALITY OF SUCH SITES. FURTHERMORE, THE EXISTENCE OF A LINK ON THE WEBSITE DOES NOT IMPLY AN ENDORSEMENT OF THAT SITE, THE OWNERS OF THAT SITE OR CONTENT THEREON (EVEN IF OCH RECEIVES A REFERRAL FEE IN CONNECTION WITH YOUR USE OF THE SUCH SITE OR SITES). YOU AGREE TO BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
8.3 Disclaimer of Special, Consequential and Other Damages.
OCH IS NOT LIABLE FOR ANY AND ALL INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, LOSS OF INCOME, LOSS OF PROFITS, INCONVENIENCE, CONSEQUENTIAL OR OTHER DAMAGES SUSTAINED AS A RESULT OF AN INTERRUPTION OF SERVICES TO BE FURNISHED BY OCH.
This Section 8 shall survive termination of this Agreement.
8.5 Warranties and Liability that Cannot be Disclaimed by Law.
None of the disclaimers in this Section 8 affects any warranties or liability that cannot be disclaimed, limited or excluded under applicable law.
To the extent permitted by applicable law, you will defend, indemnify, hold harmless and reimburse OCH and its directors, officers, shareholders, employees and agents from and for all damages, losses, costs or expenses, including attorneys’ fees, incurred by any of such parties or paid by any of them to any person in respect of or in connection with your use of the Services. This Section 9 will survive termination of this Agreement.
10. Term; Termination of Agreement and Use of Services.
10.1 Term. This Agreement will commence on the date of your signature or E-Signature (as defined below)(the “Term”) and will continue in effect for 1 year, unless earlier terminated as provided herein, and will automatically renew for subsequent periods of 1 year unless earlier terminated as provided herein.
This Agreement will be terminated as follows:
If User contacts OCH to give OCH not less than 7 days’ prior written notice; or
Immediately, in OCH’s sole discretion, if you fail to meet the Homeowner Criteria or Seeker Criteria, as applicable, fail to abide by the terms of this Agreement (including your failure to pay any of the amounts due under this Agreement by the applicable due date), or if you use the Services improperly, as determined by OCH in its sole discretion.
10.3 Effect of Termination.
Notice of termination will be in writing and may be provided electronically. Upon termination, all rights to use the Services will immediately terminate. However, note that if you have provided personal information to a Potential Match, even if this Agreement is terminated, OCH cannot guarantee and will not undertake any measures to prevent such Potential Match from attempting to contact you in the future. Upon termination, OCH shall cease providing the payment services provided for in Section 6.2 hereof.
11. Dispute Resolution.
To the extent feasible, the Parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access of the Services, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The Parties agree to attempt to resolve any Disputes by negotiation with the other Party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, a Dispute(s) cannot be resolved solely between the Parties, such Dispute(s) will be determined by arbitration in St. Louis County, Missouri before a single arbitrator. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. This Section 11 will survive termination of this Agreement.
11.2 Conduct of Arbitration.
The arbitration will be commenced by the claimant party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.
The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.
11.4 Limitation of Liability.
In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits or any punitive or exemplary damages.
11.5 Arbitration is on an Individual Basis Only; Class Action Waiver.
THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS SECTION 11 WILL REMAIN IN FORCE.
11.6 Applicable Law.
This Agreement and the rights of the parties hereunder will be governed by and construed in accordance with the laws of the state of Missouri, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
12.1 No Agency.
You are in no way the agent of OCH in using the Services. Nothing in this Agreement will be construed to create a partnership, joint venture, agency or employment relationship between you and OCH. You will have no authority to enter into agreements of any kind on behalf of OCH, or otherwise bind or obligate OCH in any manner to any third party, by virtue of the relationships contemplated by this Agreement.
12.2 No Assignment.
You may not assign this Agreement or any rights or responsibilities under this Agreement to any other party.
12.3 Headings; Number and Gender; “Including.”
The headings in this Agreement are for reference only and will not affect the interpretation of this Agreement. Whenever the context requires, references in this Agreement to the singular number includes the plural, the plural number includes the singular and words denoting gender include the masculine, feminine, and neuter. Unless the context requires otherwise, the term “including” means “including but not limited to.”
If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
12.5 No Third-Party Beneficiaries.
This Agreement is for the sole benefit of the Parties and nothing in this Agreement, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
12.6 Amendment and Modification; Waiver.
This Agreement may be amended by OCH in OCH’s sole discretion. OCH may update or revise this Agreement from time to time, without notice to you. It is your duty to check this Agreement when you use the Website to insure that you comply with the current version of this Agreement. If the Website is not “live” at the time you access the Services, OCH will provide you with any new versions of the Agreement that go into effect. In the event of a conflict between a previous version of this Agreement and the current version (as posted on the Website or as provided to you by OCH), the most recent version of this Agreement shall control. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver of such provision, or preclude any other or further exercise of such provision or the exercise of any other right, remedy, power or privilege.
OCH may be contacted for all communications related to this Agreement using the contact information on its Website or as provided on Exhibit E attached hereto unless a particular method of communication is required for certain communications as described in this Agreement in which case such required communication method must be used. Notice via electronic mail, phone call, or written mail to the email address, home address or phone number OCH has on file for you will constitute proper notice from OCH to you for all matters related to, or arising out of, this Agreement.
12.8 Consent to Contact from OCH.
By providing your telephone number, email address, or any other contact information to OCH, you expressly consent to receiving informational, advertising, sales, solicitations, telemarketing and commercial updates from OCH and its representatives or affiliates (collectively, “Promotional Contact”). These parties may contact you by text message, email, pre-recorded message, or use of an auto-dialer or other computer-assisted technology (collectively, “Auto-dialer Technology”). You understand that consent to receive Promotional Contact via Auto-dialer Technology is not a condition of purchase of the Services. You may opt-out of receiving Promotional Contact via Auto-dialer Technology from OCH at any time by providing notice of such opt-out to OCH in writing. However, you may not use the Services if you opt out of receiving contact from OCH, its representatives, and/or its affiliates specifically related to your use of the Services. By initialing or clicking the box here you agree to receive Promotional Contact including via Auto-dialer Technology.
12.9 Electronic Document and Signature.
For contractual purposes, you: (a) consent to receive communications from OCH in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that OCH provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. If you sign this Agreement electronically, by selecting the “I Accept” button below you are signing this Agreement electronically (your “E-Signature”), and such selection constitutes your legal signature, acceptance and agreement as if this Agreement were actually signed by you in “print-on-paper” or “wet ink” writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and OCH.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER) WHICH MAY BE ENFORCED BY THE PARTIES.
Notices for Homeowners
Sharing your dwelling with a Housemate may be a violation of various documents, covenants, and ordinances that could apply to your dwelling such as a lease, rental contract, mortgage, Deed of Trust, Homeowners Association (HOA) “Covenants, Conditions, and Restrictions” document, zoning ordinances, and others and could result in legal action against you. (For example, if sharing your dwelling with a Housemate violates an applicable lease, your landlord may have the right to evict you.)
If you are contemplating using the Services as a Homeowner, prior to using the Services you should consider:
- reviewing any restrictions on coverage under your homeowners’ or renters’ insurance policy (as applicable) related to inviting a Seeker to share dwelling to ensure that there is appropriate insurance coverage in the event that a Seeker sustains an injury or loss for which you are responsible, a Seeker damages or causes loss to your personal or real property, or a claim or lawsuit is made against you or otherwise arises out of a Housemate Arrangement;
- reviewing your rental contract, lease, mortgage or other applicable ownership, purchase, or leasing document relevant to your dwelling to determine whether such document contains restrictions that would limit your ability to share your dwelling with a Seeker;
- consulting your Homeowners Association (HOA) “Covenants, Conditions, and Restrictions” document, if applicable, and any applicable zoning or local ordinances to determine whether such document or ordinances would limit your ability to share your dwelling with a Seeker;
- consulting an attorney regarding any Laws applicable to a Housemate Arrangement involving your dwelling; and
- consulting an accountant regarding any tax implications or obligations applicable to a Housemate Arrangement involving your dwelling.
OCH is committed to helping to match senior-age individuals with potential housemates of younger generations in order to help create opportunities for individuals to enrich their lives through cross-generational sharing of dwellings – including, but not limited to, the opportunity for Users to have a greater understanding and appreciation for the common characteristics shared by all human beings regardless of differentiators such as age. OCH is committed to doing everything it can to help eliminate all forms of unlawful bias, discrimination, and intolerance from its Services platform. OCH also REQUIRES that all Users follow all applicable Laws in connection with a User’s use of the Services including Laws prohibiting discrimination.
OCH believes that a Seeker should make Housemate Arrangement decisions with an eye toward the characteristics of a Homeowner’s Home that such Seeker deems most important, such as a Homeowner’s Home’s location, amenities (such as Wi-Fi, a television, large windows to allow in natural light, or other features important to such Seeker), and that Homeowners and Seekers should make Housemate Arrangement decisions with an eye toward living characteristics such as how often a Potential Match desires to entertain guests or share meals.
OCH recognizes that some jurisdictions permit individuals seeking to share living units or dwellings to make housemate decisions based on protected category characteristics such as gender, and OCH does not require Users to violate Laws or take actions that may subject them to legal liability. OCH acknowledges its User’s legal rights as they may exist in certain jurisdictions to take a potential Seeker’s or Homeowner’s gender or other protected category characteristics into consideration when considering a Housemate Arrangement; however, OCH implores its Users to help promote a culture of inclusion, to consider potential Homeowners and Seekers from all backgrounds, and not to decline to pursue a Housemate Arrangement with a potential Homeowner or Seeker because of such individual’s race, color, culture, religion, creed, ethnicity, gender, sexual orientation, gender identity, handicap, disability, age or similar personal characteristics. In addition, OCH will not allow its Services platform to be a platform for hate or discrimination, and Users may not Supply discriminatory, hateful, prejudicial, or similar Content.
Safety Tips, Suggestions, and Considerations In Connection with Meeting a Potential Match in Person or Providing Personal Information to a Potential Match
- Never meet a Potential Match in person without speaking to him or her verbally over the phone.
- If you decide to meet a Potential Match in person:
- ALWAYS meet for the first time at a public place during the daytime when there will be other people around.
- ALWAYS bring a friend to the meeting; do NOT go alone.
- ALWAYS tell someone where you are going and what time to expect you to check back in after you meet with the Potential Match.
- ALWAYS bring your mobile phone if you have one.
- ALWAYS “trust your gut” and avoid/remove yourself from a situation that does not “feel” right.
Safety Tips, Considerations and Suggestions in Connection with a Decision to Finalize a Housemate Arrangement and/or Providing Payment in Connection with a Housemate Arrangement
- NEVER agree to deposit or cash a check from a Potential Match in order to give him or her cash and/or wire him or her money in return. ANYONE WHO ASKS YOU TO DEPOSIT OR CASH A CHECK IN ORDER FOR YOU TO GIVE HIM OR HER CASH AND/OR WIRE HIM OR HER MONEY IN RETURN IS A POTENTIAL SCAMMER.
- NEVER agree to provide payment for a Housemate Arrangement without seeing the INSIDE of the Homeowner’s Home that you intend to share first.
- NEVER wire money as payment.
- NEVER accept cashier checks, certified checks, or money orders as payment.
- NEVER give ANYONE personal financial information such as your bank account number or your PayPal account information or access codes.
- NEVER pay anyone who you have not met in person.
- Consider requesting that a Homeowner show you proof that the Homeowner owns his or her Homeowner’s Home and/or has permission to enter into a Housemate Arrangement with you prior to you providing payment to the Homeowner in connection with such Housemate Arrangement.
- Consider conducting an internet search engine search (such as a “Google search” or “Bing search”) on the address of the Homeowner’s Home which you are considering sharing. Sometimes scammers will steal photos and information from legitimate rental listings and attempt to hold such listings out as their own when they have no actual right to rent out use of such dwelling. If you find the same property listed multiple places it is a large red flag.
- NEVER sign any agreement you have not read in full or do not understand completely. Consider consulting an attorney and an accountant in connection with any document you sign in connection with finalizing a Housemate Arrangement.
Contact Address for Notices to OCH
Odd Couples Housing, Inc.
9761 Clayton Road
Saint Louis, MO 63124
|Note: This Form of Housemate Agreement (“Agreement”) is a starting point for Homeowners and Seekers to begin considering some of the terms of their Housemate Arrangement. It should be revised according to each factual situation including the laws applicable to the jurisdiction of Homeowner’s Home (hereinafter defined). Homeowners and Seekers are encouraged to have any agreement they intend to enter into in connection with a Housemate Arrangement reviewed by an attorney. In addition, some Housemate Arrangements may have particular factual circumstances where Homeowners and/or Seekers may have certain legal obligations or which may require other agreements/documents. For example, some Homeowners may be considered “landlords” in certain jurisdictions. Homeowners and Seekers are encouraged to consult with an attorney regarding particular laws, legal obligations or legal agreements that may apply to their specific situation.|
[Form of Housemate Agreement]
__________________________ (“Homeowner”) and _________________________(“Seeker”) are entering into this Housemate Agreement (this “Agreement”) in order to document certain decisions concerning Homeowner’s and Seeker’s agreement to live together as housemates at _____________________________________________ (the “Homeowner’s Home”).
- TERM:This Agreement will be in effect from [month/day], [year], to [month/day] , [year] (the “Term”), unless terminated earlier.
- SHARED EXPENSES:
Seeker will pay $_____ per month (the “Housing Cost Share”) to Homeowner via check or ACH transfer in order to share the Household Expenses of Homeowner’s Home listed below. The Housing Cost Share will be paid on the ___ day of each month. “Household Expenses” shall include any or all of the following: Utilities (included any of gas, electric, water, garbage, phone, cable & internet) or other expenses.
- FOOD EXPENSES: (Revise as appropriate and check one)
___ Food expenses will be shared by the Homeowner and the Seeker.
___ Food will be purchased by Homeowner and Seeker individually. Food may not be borrowed without the purchaser’s approval.
- PERSONAL PROPERTY: Homeowner and Seeker agree to not use or borrow each other’s personal items without prior written approval. Any personal property that is borrowed will be used respectfully and returned in the same condition as existed when it was borrowed. If any damage is done to Homeowner’s or Seeker’s personal property by the other party hereto, the person responsible for causing the damage will compensate the owner of the personal property for the loss promptly via check or wire transfer.
- CLEANING: [Revise as appropriate and check one]
____ Homeowner and Seeker will share the responsibilities of cleaning and maintaining Homeowner’s Home
_____ Seeker will be responsible for cleaning and maintaining Homeowner’s Home
_____ Seeker will only be responsible for cleaning and maintaining their own personal living space but will endeavor to keep all shared spaces in good order.
- SMOKING/ALCOHOL/DRUGS/FIREARMS:(Revise as appropriate and check if applicable)
___ Neither Homeowner nor Seeker will smoke tobacco products
___ Neither Homeowner nor Seeker will consume, use and/or store any recreational drugs, [medical marijuana] or firearms or weapons in or around Homeowner’s Home.
7. GUESTS/QUIET HOURS: (Revise as appropriate and check all that apply)
___ Seeker will not have overnight guests in Homeowner’s Home without prior approval [for longer than ___ consecutive nights and/or ___ nights per month].
___ Seeker will not have visitors in Homeowner’s Home without Homeowner’s prior approval [for longer than ____ hours at a time nor after ____ p.m.
___ Regardless of Paragraph 5 above, each of Homeowner and Seeker will clean up after their own guests.
___ Seeker will not have more than ____ guests at a time.
___ Guests of Seeker will not enter Homeowner’s private spaces.
___ Neither Homeowner nor Seeker will play music or watch TV without headphones after ___ p.m.
- PARKING: (Revise as appropriate and check if applicable)
___ Seeker may park ____ in the garage, ____in the driveway, ____on the street.
- PETS: (Revise as appropriate and check all that apply)
___ Homeowner has a ____________________________[describe pet] (the “Homeowner’s Pet”).
Seeker will assist in the care of Homeowner’s Pet by completing the following:
q Feed with food purchased by Homeowner.
q ____Walk/ _____Let outside to the yard in the manner instructed by Homeowner.
- PROHIBITIONS:Neither Seeker or Homeowner will commit, nor permit others to commit, any unlawful act in or about Homeowner’s Home. Seeker will not cause Homeowner’s Home to be used for any type of commercial enterprise or business. Seeker will not: (i) cause or permit any nuisance to any other party; (ii) use Homeowner’s Home for any purpose or in any manner, that could reasonably be expected to increase Homeowner’s insurance rates; or (iii) use, or permit others to use, Homeowner’s Home for any purpose or in any manner, which could reasonably be expected to damage Homeowner’s Home, Homeowner’s reputation or the peaceful occupancy of inhabitants of the neighborhood.
- RESPECT: Homeowner and Seeker agree to respect each other’s personal safety, personal space, property, privacy, and sleep schedules and comply with all reasonable requests from the other when possible. Homeowner and Seeker agree to act reasonably and respectfully in their dealings with each other and to refrain from any behavior, action, or inaction that could reasonably interfere with the other’s safety or quiet enjoyment of Homeowner’s Home. Seeker agrees that he will keep his private area and the common areas of the Homeowner’s Home in as good and clean condition and repair as when first occupied (reasonable wear and tear excepted), and will keep such areas free of any debris, trash and filth. Homeowner shall have the right to enter Seeker’s private areas of Homeowner’s Home upon giving 24 hour written notice to Seeker.
- PAYMENTS:All payments due from Seeker to Homeowner or from Homeowner to Seeker pursuant to this Agreement will be made to the other party directly.
- LIABILITY AND INDEMNITY. Homeowner shall not be liable to Seeker, Seeker’s guests or other occupants or persons for personal injury, property damage or other losses to such persons or their property caused by, or related to Homeowner’s Home. Seeker agrees to indemnify Homeowner for any such losses.
- END OF TERM/MOVING OUT:At the end of the Term, Homeowner and Seeker will mutually decide whether they would like to extend this Agreement. If Homeowner and Seeker do not mutually agree to extend this Agreement (in its same or a mutually-agreed-upon modified form), Seeker will peacefully move-out at the end of the Term and will take Seeker’s belongings with Seeker when Seeker leaves. If Seeker decides to move out prior to the end of the Term, Seeker will provide [Insert number] [days/weeks] notice to Homeowner prior to moving out, and will be responsible for paying the Housing Cost Share accrued up to the date Seeker moves out after providing proper notice. Homeowner shall have the right to terminate this Agreement with Seeker by providing Seeker with thirty (30) days advance written notice. Seeker will peacefully move-out of Homeowner’s Home on or before the date specified by Homeowner.
Any modification to this Agreement must be in writing, signed by Homeowner and Seeker.
The undersigned have entered into this Agreement as of the last date written below.