Terms of Use

PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY. USER AGREEMENT
The following are terms of a legal agreement (the "Agreement") between you, renter and/or roommate using the IHA service (“User”) and International Housing Assistance, Inc. ("IHA", "we", or "us").  that sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by IHA. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of our bargain. This Site is for your personal and noncommercial use only. We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
IHA Services
IHA provides a medium through which Lessors may place information about their properties before Renters, so that Lessors may advertise to Renters and Renters may communicate with Lessors either directly or by means of IHA. As part of these services, IHA will from time to time send you emails which you agree to receive. You are able to unsubscribe from these emails at any time. See our Privacy Policy for further information. IHA provides you with only these services. IHA hereby disclaims any liability based on, but not limited to, the following: IHA does not render legal, brokerage, or other professional advice or services to either its Renter or Lessor customers.
Limitations of Use / Content
The copyright in all material on this Site, including without limitation the postings, messages, text, files, images, photos, data, design, source code, software, and other information (collectively the "Content"), is held by IHA or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via Service. You understand that IHA does not control, and is not responsible for Content made available through Service, and that by using Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the IHA Site and Content available through Service may contain links to other websites, which are completely independent of IHA. IHA makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will IHA be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Service. You acknowledge that IHA does not pre-screen or approve Content, but that IHA shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via Service, for violating the Code of Conduct (see below) or for any other reason. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into IHA’s systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. IHA makes no claims concerning whether the Content may be downloaded or is appropriate for use. You agree that IHA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that IHA is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release IHA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Your Responsibilities
You must (a) comply with all applicable laws in connection with Your use of the Site and the Service, (b) not use the Site and the Service for any illegal purpose, (c) not interfere or otherwise disrupt networks connected to the Site, (d) not use the Site and the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (e) not transmit through the Site, through the feedback form or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any nature, (f) not attempt to gain unauthorized access to other computer systems and (g) not interfere with another user's use and enjoyment of the Site. You are solely responsible for backing up all data stored on Your computer and for protecting such data from loss or theft.
CODE OF CONDUCT
You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
           
b) that is pornographic or depicts a human being engaged in actual sexual conduct;

c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of
these or other characteristics);

e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.

f) that impersonates any person or entity, including, but not limited to, a IHA employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

g) that includes personal or identifying information about another person without that person's explicit consent;

h) that is false, deceptive, misleading, deceitful;

i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

j) that constitutes or contains  "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the IHA sites which are not designated for such purposes;

l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;

m) that 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;

n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through Service.

Additionally, you agree not to:

o) contact anyone who has asked not to be contacted;

p) "stalk" or otherwise harass anyone;

r) collect personal data about other users for commercial or unlawful purposes;

s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from Service - unless permitted by IHA in writing;

t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

u) attempt to gain unauthorized access to IHA's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Service or the IHA website; or

v) use any form of automated device or computer program that enables the submission of postings on IHA without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
LIMITATIONS ON SERVICE
You acknowledge that IHA may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by Service, and the frequency with which you may access Service. You agree that IHA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by Service. You acknowledge that IHA reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that IHA shall not be liable to you or to any third party for any modification, suspension or discontinuance of Service.

ACCESS TO SERVICE
With respect to content on publicly accessible areas of the website, the User grants IHA the following world-wide, royalty free and non-exclusive license(s), as applicable:  With respect to content a User submits or makes available to IHA, such User grants IHA the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content and the irrevocable right to sublicense the content with the sublicense having the right to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

TERMINATION OF SERVICE
You agree that IHA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Service (or any part thereof), immediately and without notice, and remove and discard any
Content within Service, for any reason. Further, you agree that IHA shall not be liable to you or any third-party for any termination of your access to Service.

VIOLATION OF TERMS AND LIQUIDATED DAMAGES
a. If you send unsolicited email advertisements to IHA email addresses or through IHA computer systems, you agree to pay IHA twenty five dollars ($25) for each such email.
b. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) without IHA's express written permission, you agree to pay IHA one thousand dollars ($1,000) for each day on which you engage in such conduct.
c. Otherwise, you agree to pay IHA's actual damages, to the extent such actual damages can be reasonably calculated.
Privacy Use of Personally Identifiable Information
IHA respects the privacy of visitors to the Site. IHA’s practices and policies with respect to the collection and use of personally identifiable information are governed by IHA’s Privacy Policy.
Copyright Notice
Copyright © International Housing Assistance, Inc., 6445 Stapleford Lane, Duluth, GA 30097. All rights reserved.
Limitations of Liability
IHA hereby disclaims any liability arising out of or relating to those services and activities which IHA has expressly not undertaken to provide to you. IHA DOES NOT SCREEN POSTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING THE INFORMATION, TEXT, PHOTOGRAPHS, GRAPHICS, MESSAGES OR OTHER MATERIALS GIVEN BY A USER OR POSTED ON THIS SITE OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE. The User agrees to indemnify and hold IHA, and its affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available to IHA.  IHA makes no representations as to individual character, credit worthiness, rental history or ability of Renters to pay their rent.  You hereby agree that in no event shall IHA or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this web site or with the delay or inability to use this site, or for any information, products, and services obtained through this site, or otherwise arising out of or related to the use of this web site.  This Agreement has legal significance.
Disclaimer of Warranties
NONE OF IHA, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE "IHA PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND IHA DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. IHA PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. IHA MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND IHA PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. IHA RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
Fees and Services
Creating a listing, searching for and communicating with properties and using the Service are free services. When you find a home through IHA, the Lessor whose property you will be renting is responsible for paying IHA a finder’s fee in the amount agreed by the Lessor per signed Lease, unless otherwise agreed by the Lessor and IHA. You agree to confirm the terms of the lease by letting the IHA representative know that you sign a lease so that IHA can collect its fee from the Lessor. The Lessor must pay the Fee for such signed lease within thirty (30) days after the Renter’s move in date. Our Fees Policy is incorporated herein by reference. We may change our Fees Policy and the fees for our services from time to time. Changes to the policy are effective after we provide you with at least thirty (30) days' notice of the change by email, fax or regular first class mail. However, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and any such changes are effective upon and during the posting of the temporary promotional event on the Web site. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Right to Refuse Service
IHA reserves the right to refuse service to anyone and terminate your account at any time.
Waiver
Failure by IHA to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
Applicable Law and Dispute Resolution
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Georgia, without regard to its conflict of laws rules. You agree that you will notify IHA in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give IHA a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against IHA.
Other Agreements
This Agreement shall be subject to any other agreements you have entered into with IHA.
Severabilty
If any provision of this Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms of Use shall remain in full force and effect.
Contacting Us
If you have questions regarding the Terms of Use or the practices of IHA, please contact us by e-mail at info@ihausa.net or by regular mail at IHA, Inc., 6445 Stapleford Lane, Duluth, GA 30097, Attention: General Counsel.

Last Updated: July 20, 2007