INTERVENT Program Participation and Service Agreement
Interventint.com, myintervent.com, yourintervent.com, and other sites that include the "intervent" name ("Site" or "Sites") are Internet-based online services owned and operated by INTERVENT INTERNATIONAL, LLC ("INTERVENT") that provide (a) access to the INTERVENT scientifically-based assessments, programs and products for the prevention and management of cardiovascular and other chronic diseases (the "Products"), (b) information regarding wellness and disease management (the "Information"), and (c) communication services related to wellness and disease management topics ("Communication Services" and, collectively with the Products and Information, the "Services") to users of a Site ("User" or "Users"). INTERVENT is a company that specializes in (a) scientifically-based assessments, programs and products for the prevention and management of cardiovascular and other chronic diseases, (b) information regarding wellness, lifestyle management and disease management, and (c) communication services related to wellness, lifestyle management and disease management topics. BY ACCESSING OR USING a Site or the Products or Services, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (the "Agreement"). IF YOU DO NOT WISH TO BE BOUND BY THIS Agreement, YOU MAY NOT ACCESS OR USE a Site. INTERVENT MAY MODIFY THIS Agreement AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED Agreement OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF a Site SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED Agreement.
The Services are presented for the purpose of educating Users on wellness, lifestyle and disease management topics. Neither INTERVENT nor the Sites directly or indirectly practice medicine or dispense medical services. Nothing contained in the Sites or the Services is intended to be for medical diagnosis or treatment of any nature and especially regarding prevention of cardiovascular and other chronic diseases. The Services should not be considered complete, nor should they be relied on to suggest a course of medical treatment for a particular individual, which can only be provided by a physician or other qualified health care provider (generally referred to herein as a "physician"). The Services should not be used as a substitute for or in place of a visit or call to, consultation with, or the advice of your physician. The Services are not exhaustive and do not cover all wellness topics, diseases, ailments, and physical conditions or their treatment. Should you have any changes in your medical condition or health care-related questions, please call or see your physician promptly. We expect that you will consult with your physician before embarking on a new treatment, diet, or fitness program, including use of the Services. You should never disregard or discontinue following medical advice or delay in seeking it because of the Information, the Communication Services, or use of the Products or Services. The Information is compiled from, and the Products are based upon, a variety of sources, including nationally accepted guidelines of organizations such as the American College of Cardiology, American Heart Association, American College of Sports Medicine, National Institutes of Health, American Association of Cardiovascular and Pulmonary Rehabilitation, and U.S. Preventive Services Task Force (the "Guideline Organizations"). In no way, however, have the Services been reviewed or approved by the Guideline Organizations. In addition, INTERVENT makes use of scientific advisors to aid in making scientific related decisions, but the Services should not be interpreted as reflecting scientific certainty.
The Services are provided "AS IS" without warranty, express or implied. INTERVENT hereby excludes all implied warranties of merchantability and fitness for a particular use or purpose with respect to the Services. There are no warranties that extend beyond the description on the face of this Agreement. INTERVENT makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness, or suitability of the Services. INTERVENT does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. INTERVENT does not guarantee or warrant that files available for downloading from this online Site will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. INTERVENT does not warrant or guarantee that the Services will be uninterrupted or error-free or that defects in the Services will be corrected.
Users of the Sites are responsible for:
(a) implementing and maintaining adequate procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output and
(b) maintaining a means external to the Sites for the reconstruction of any lost data
- OTHER INTERNET SITES
You are encouraged to use discretion while browsing the Internet on searches initiated at the Sites. Links from the Sites may lead unintentionally to sites containing information that some people may find inappropriate or offensive or that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. INTERVENT makes no representations concerning any effort to review all of the content of sites listed at or linked to the Sites.
- REVIEW OF POSTINGS AND UPLOADS
INTERVENT does not and cannot review all communications and materials posted or uploaded to the Sites and is not responsible for the content of these communications and materials. However, INTERVENT reserves the right to block or remove communications or materials from the Sites that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) a violation of a copyright, trademark, or other intellectual property rights of another or (d) offensive or otherwise unacceptable to INTERVENT. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
- LIMITED LICENSE
By this Agreement, INTERVENT grants Users, subject to the terms of this Agreement, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use the Sites in real time and to use the Services only in a manner consistent with the terms and conditions of this Agreement.
- USER'S AGREEMENT
(a) General: I agree to:
(1) follow suggestions made by the Program, particularly those related to communicating with my physician;
(2) maintain all equipment required for my access to and use of the Sites;
(3) maintain the security of my user identification, password and other confidential information relating to my INTERVENT or Site account;
(4) be responsible for all charges resulting from my purchase of any services that may not be covered by my employer or health plan, from my direct purchase of a multi-month term of access to INTERVENT Services or my Site account and/or my use of INTERVENT Services or my Site account, if any, including unauthorized use prior to my notifying the Sites of such use and prior to my taking steps to prevent its further occurrence by changing my password; and
(5) communicate properly with INTERVENT regarding my preferences and instructions related to INTERVENT communicating with me via text messaging, cell phone, and regular telephone line.
(6) have a yearly or more frequent (if there is a change in my health status) physical examination and consultation with my physician regarding my participation in an exercise training/physical activity program so that I might receive my physician's recommendations concerning these activities.
(b) Regarding my use of the INTERVENT Services:
(1) Purpose and explanation of the INTERVENT Services
The Services have been developed with input from physicians and other experienced health care professionals. In some cases, the Services are supervised and/or administered by non-physician staff members. However, I understand that the Services are not medical care nor are they intended as a replacement for my regular medical care and that the staff does not provide medical treatment or prescribe medications. I acknowledge that during my participation in or use of the Services my physician remains responsible for my medical care.
I hereby affirm that I am voluntarily engaging in the INTERVENT Services selected by me. I understand that some of the INTERVENT Services are not intended for pregnant women and affirm that, if I am female, I am not pregnant or have informed the INTERVENT staff that I am pregnant. These Services are intended, but not guaranteed, to improve my health and well-being and may include exercise and physical activity recommendations, dietary counseling, stress management, smoking cessation and other health/fitness education activities. I will be given instructions regarding the amount and kind of exercise and physical activity I should engage in. I understand that I may be expected to participate in scheduled activities and am expected to follow instructions with regard to exercise and physical activity, diet, stress management, and other health/fitness-related activities, including communications with my physician. If I am taking prescribed medications, I will inform INTERVENT. If I participate in or use a Product supervised by an INTERVENT staff member, I will inform INTERVENT promptly of any changes in my condition (including if I am female and become pregnant) or any changes that my physician or I make with regard to use of medications. I also agree to provide my physician with copies of reports I am provided by the Sites or the Services. Depending on the Product I select, I may be given the opportunity for periodic assessment and evaluation at regular intervals after the start of my participation in or use of the Product. I understand that I can request to speak with a supervisor or manager to provide feedback specific to my experience with the Services or the Sites.
I acknowledge that I may have selected a Product from INTERVENT that includes assistance from and scheduled interactions with trained personnel with health backgrounds to provide general direction of my activities, monitor my performance and otherwise evaluate my progress. Otherwise, I realize that no one other than me and possibly my physician will direct my activities, monitor my performance or otherwise evaluate my progress. In such event, I accept full responsibility for these activities and for independently following or choosing not to follow the recommendations made to me by INTERVENT or from the Sites.
I have been informed that during my participation in the Services, I will be asked to engage in physical activity unless symptoms such as excessive fatigue, shortness of breath, light headedness, palpitations, chest discomfort, or similar occurrences appear. If these or any other untoward symptoms occur, I have been advised that I should decrease or stop exercise and physical activity immediately and that it is my obligation to inform my physician of my symptoms before continuing with additional physical activities. I hereby affirm that I have been so advised and agree to inform my physician of my symptoms, should any develop.
INTERVENT may have reason to contact you via your cell phone or regular telephone or via text message to your cell phone to make, or remind you of, appointments, to provide motivational information, to provide program updates, to inform you if you need to see your doctor, and/or to provide other services that we believe may be of importance to you. By submitting this form, you are giving us your consent to use automated technology to call or text you at the phone number(s), including your wireless number, that you provide to us. Please note that if you do not provide or if you revoke your consent to this item, you may still receive INTERVENT services, other than specific communication services to which you would be entitled, based on your program and payment plan selection.
I understand and have been informed that there is a remote possibility of adverse changes occurring during exercise and physical activity including, but not limited to, abnormal blood pressure, fainting, dizziness, disorders of heart rhythm, and very rare instances of heart attack, stroke, or even death. I further understand and I have been informed that the risk of bodily injury exists including, but not limited to, injuries to the muscles, ligaments, tendons, and joints of the body. I have been told that efforts will be made to minimize these occurrences by the provision of scientifically-based, individualized exercise and physical activity recommendations together with an opportunity for regular assessments of my progress and on-going revision of my exercise and physical activity recommendations if I participate in or use a Product supervised by an INTERVENT staff member. Also, I will follow my exercise and physical activity recommendations, record the details in my exercise diary and report any untoward situations to my physician and to INTERVENT.
I further understand that there may be risks associated with making dietary changes, such as an increased risk for gallstones and, for persons with diabetes, fluctuations in blood sugar levels. I fully understand the risks associated with exercise and physical activity and dietary changes, including the risk of bodily injury, heart attack, stroke, coma, or even death, but knowing these risks, it is my desire to participate as herein indicated.
I do hereby acknowledge that I have been informed of the need for a physician's approval for my participation in an exercise training/physical activity program. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and that I should consult with my physician as to my current medical condition (or any changes in it) and my participation in an exercise training/physical activity program so that I might receive recommendations concerning these activities. I confirm that I have either had a recent physical examination and have been given a physician's permission to participate or that I have decided to participate in an exercise training/physical activity and lifestyle management program without the approval of my physician and do hereby assume all responsibility for and accept any and all risks of my participation and activities.
I FURTHER ACKNOWLEDGE THAT IF I AM GIVEN AN INTERVENT MEDICAL CLEARANCE FORM REGARDING EXERCISE AND PHYSICAL ACTIVITY FOR MY PHYSICIAN TO REVIEW AND SIGN AND DO NOT RETURN IT TO INTERVENT, I HAVE, BY MY ACTION OR INACTION, DECIDED TO PARTICIPATE IN AN EXERCISE TRAINING/PHYSICAL ACTIVITY PROGRAM WITHOUT THE APPROVAL OF MY PHYSICIAN AND DO HEREBY ASSUME ALL RESPONSIBILITY FOR MY PARTICIPATION AND ACTIVITIES AND EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS OF MY ACTION AND INACTION.
(3). Benefits to be expected
I recognize that participation in or use of the Services may allow me to learn proper ways to modify my lifestyle through correct exercise and physical activity, nutrition, stress management, smoking cessation (if appropriate), and other activities. I further understand that if I closely follow the Sites', the Services' or INTERVENT staff's instructions together with those of my physician, these experiences should benefit me by helping to improve my health and fitness and reduce my risk for certain chronic illnesses. I realize that results vary from individual to individual and that the Services may or may not benefit my physical fitness, weight, or general health.
(4). Confidentiality and use of information
I understand that providing family medical history to my coach is completely voluntary and will not affect any reward, if offered, for completion of this program. I acknowledge that without this information, INTEREVENT may not be able to provide me with the most appropriate health information for my needs.
(5). Records release policy
a. While participating in or using a paid Service: 1. you have the right to access and print any of your own records from our secure Internet-site at your discretion for you to provide anyone that you choose; and 2. upon your request we will mail a hard copy to your primary physician. Depending on the Service you select, there may or may not be a cost to you if you request that we mail a hard copy to your primary physician.
b. After your Site access has expired, you may request permission to access and print your records free of charge. You must request reactivation of your account by providing written confirmation that you wish to have access to these reports and provide your full name, address, email address, date of birth, and any appropriate ID number.
c. After your Site access has expired or Services have ended, you may request that INTERVENT mail your records to you or to any other third party for a materials and handling fee of $25.00 as follows:
- You must provide written confirmation that you wish INTERVENT to mail these reports to you and/or a third party and your full name, address, email address, date of birth and any appropriate ID number.
- If you wish INTERVENT to provide these reports to a third party, written confirmation of the third party's address must be provided.
- ONLINE COMMUNICATION SERVICES
Your participation in online Communication Services occurs in real time and is not edited, censored, or otherwise controlled by the Sites. INTERVENT cannot and does not screen content provided by you to the Sites. Notwithstanding the foregoing, INTERVENT reserves the right to monitor content on the Sites and to remove content that INTERVENT, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or the Sites' other operating policies for Users. INTERVENT also reserves the right to record any phone calls that occur between you and any of our customer service representatives and/or coaches.
You may send and receive electronic mail ("email"), engage in conferences and chats, download and upload files and otherwise use the Sites as permitted by this Agreement, the Sites' operating policies, and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by INTERVENT staff responsible for the Site area where your uploading or other activity takes place (or by an individual designated by such forum manager for such purpose). The Sites' operating policies relating to online conduct, storage and deletion of email and uploaded files, conferences, bulletin boards ("BBS"), and other matters are available and/or will be made available online. INTERVENT reserves the right in its sole discretion to change such policies at any time. Files uploaded to BBS may be subject to posted limitations on usage, reproduction, and/or dissemination and you are responsible for adhering to such limitations if you download them.
You are responsible for your communications and your use of the Sites. You may not, under any circumstances, do any of the following: (a) use simultaneous, unattended or continuous connections to the Sites with one account; (b) post or transmit any message that INTERVENT deems libelous or defamatory; (c) post or transmit any message, data, image or program that is indecent, obscene or pornographic; (d) post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (e) use the Sites to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (f) intercept or attempt to intercept email or other private communications not intended for you; (g) send email to Users or other Internet users for any purpose other than personal communication, including to advertise or make any unsolicited offer to sell goods or services to other Users, use as a unsolicited mass distribution medium to communicate a generally unsolicited message, or use your email account as an address to which Users or other Internet users need to respond (except as otherwise expressly permitted by the Sites or INTERVENT); (h) send unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others; (i) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (j) upload files that contain a virus or corrupted data; (k) delete any author attributions, legal notices, or proprietary designations or labels in a file that you upload to BBS or the Sites; (l) falsify the source or origin of software or other material contained in a file that you upload to BBS or the Sites; (m) use the Sites in a manner that adversely affects the availability of its resources to other Users; (n) use, download, or otherwise copy or provide (whether or not for a fee) to a person or entity that is not a subscriber to the Sites the User directory or any portion thereof other than for personal, non-commercial purposes (except as otherwise expressly permitted by INTERVENT); (o) falsely purport to be an employee or agent of INTERVENT; (p) cause repeated disruptive incidents; or (q) act, or fail to act, in your use of the Sites, in a manner that is contrary to applicable law or regulation. In addition, you may not post or transmit any message which is harmful, threatening, abusive, or hateful.
It is not the intent of INTERVENT to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views on the Sites. Nonetheless, INTERVENT reserves the right to take such action as it deems appropriate when the Sites are used to disseminate statements that are deeply and widely offensive and/or harmful. Each time you upload a file on the Site, you represent and warrant that you own or otherwise control the rights or have the necessary consents to do so, and you grant every other User the right to download and use such file. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
INTERVENT reserves complete and sole discretion with respect to the operation of the Sites. INTERVENT may, among other things: (a) delete email if it has not been accessed by a User within the time established by the Sites' policies; (b) subject to Section 7, make available to third parties information relating to the Sites and Users; and (c) withdraw, suspend, or discontinue any functionality or feature of the Sites. INTERVENT may, in its complete and sole discretion, review inteventint.com uploaded files, conferences, BBSs, forums, and chats and authorize restrictions on access thereto. INTERVENT will not review the content of email except as required or allowed by applicable law or legal process.
- USER REPRESENTATIONS
You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Sites and Services in accordance with this Agreement. You agree to be financially responsible for your use of the Sites and Services, when applicable, (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement, especially those related to communicating with your personal physician.
Statements made in web sites, newsgroups, message boards, email, forums, conferences, BBSs, and chats reflect only the views of their authors. Any third parties appearing on the Sites are not authorized INTERVENT's or the Sites' spokespersons, and their views do not necessarily reflect those of INTERVENT or the Sites.
The entire contents of or from the Sites are copyrighted as a collective work under the laws of the United States and other copyright laws. INTERVENT holds the copyright in the collective work. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Sites solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any copying, sharing with another, engineering, re-engineering, redistribution, retransmission, display, publication, or creation of any derivative work based upon any copyrighted material (including, but not limited to, code, algorithm, content, tool, material) or any other use of the contents on the Sites, except as outlined in this Agreement are strictly prohibited without the express written consent of INTERVENT. You agree not to change or delete any proprietary notices from materials downloaded from the Sites.
- LICENSES AND IDEA SUBMISSIONS
You agree to grant to INTERVENT a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works based upon, publicly display and publicly perform (a) any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Sites (such as BBS, forums and chat rooms) by all means and in any media now known or hereafter developed, and (b) all data and information related to use of the Services; provided, however, that INTERVENT shall not identify any individual User to any entity other than INTERVENT and its Business Associates, as defined in 45 CFR § 106.103, affiliated, or aligned organizations without first obtaining User's express consent. You hereby waive all rights in any such materials and information, and you hereby warrant that any such materials and information are originally created by you or that you have the right to submit such materials and information. You agree that you shall have no recourse against INTERVENT for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Sites AND INTERVENT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE "INTERVENT SITES PARTIES") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING the Sites USING YOUR SERVICE ACCOUNT.
- WAIVER, RELEASE AND LIMITATION OF LIABILITY
YOU AGREE THAT THE INTERVENT SITES' PARTIES SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF the Sites. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE INTERVENT SITES' PARTIES FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITES.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF THE INTERVENT SITES' PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE. PROVIDED, IN NO EVENT SHALL THE INTERVENT SITES' PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE SERVICES ARE HEREBY EXCLUDED EVEN IF THE INTERVENT SITES' PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- THIRD PARTY RIGHTS
The provisions of paragraphs 13 (Indemnification) and 14 (Waiver, Release and Limitation of Liability) are for the benefit of the INTERVENT Sites' Parties, and each INTERVENT Site Party shall have the right to assert and enforce those provisions directly against you on its own behalf.
- TERM AND TERMINATION
INTERVENT may terminate your right to use the Sites at any time, with or without cause, upon notice. INTERVENT also reserves the right to terminate or suspend your Site membership without prior notice, but INTERVENT will confirm such termination or suspension by subsequent notice. The provisions of Paragraphs 5.b.)(5.) (Confidentiality and Use of Information), 11. (Copyright), 12. (Licenses and Idea Submissions), 13. (Indemnification), 14. (Waiver, Release and Limitation of Liability), 15. (Third Party Rights), 16. (Term and Termination) and 17. (Miscellaneous) shall survive any termination of your right to use, or membership in, the Sites.
In the event I elect to terminate or withdraw from an INTERVENT program because INTERVENT has not fulfilled its responsibilities as outlined in the INTERVENT Pledge, I may receive a refund of any monies that I paid directly to INTERVENT for unused services (refund based on a non-refundable fee of $125.00 and the number of remaining to be scheduled, but unused, coaching appointments) provided:
1. I notify INTERVENT in writing at INTERVENT International, LLC, 340 Eisenhower Drive, Building 1400, Suite 17, Savannah, GA, 31406 or via email at email@example.com (marked ATTENTION: Chief Operations Officer) of the specific responsibility that has not been fulfilled by INTERVENT and
2. INTERVENT is unable to rectify this matter in a manner satisfactory to me within seven days of receiving my written notification.
This Agreement shall be governed by and construed in accordance with the substantive and not the conflicts laws of the State of Georgia. You agree that any legal action or proceeding between the INTERVENT Sites' Parties and you for any purpose concerning, arising out of, or relating to this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Atlanta, Fulton County, GA, United States. Any cause of action or claim you may have with respect to the Sites and the Services must be commenced within one (1) year after the claim or cause of action arises. INTERVENT's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Sites may assign its rights and duties under this Agreement to any party at any time without notice to you.
INTERVENT may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Sites, or by written communication delivered by first class U.S. mail to your address on record in the Site's account information.
The provisions of this Agreement are severable, and, in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.