NAR-T’s acceptance of you into the LMS is expressly made conditional on your assent to these terms. Statements, clauses, or conditions modifying, adding to, or inconsistent with these terms submitted by you are void, and do not become part of the agreement without NAR-T’s express written acceptance of. NAR-T’s performance shall not be construed as assent to any of the terms proposed by you and will not constitute a waiver by NAR-T of any of NAR-T’s terms.
This agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings relative to such subject matter. No provision or term herein may be modified, supplemented, waived, discharged, terminated, or otherwise altered except in writing signed by the parties.
Any failure or delay by NAR-T in exercising any right or remedy provided by or relating to this agreement does not constitute a waiver and shall not prohibit NAR-T from exercising such right or remedy at a later time or from exercising any other right or remedy available.
The provisions of these terms and conditions are separate and independent covenants. Accordingly, the invalidity or unenforceability of one or more of these provisions or covenants will not affect the validity or enforceability of the remaining provisions.
NAR-T shall not be liable for any loss arising out of any delay or failure in the performance of its obligations hereunder that result from events beyond its reasonable control, including (a) acts of God; (b) acts or regulations of any governmental or national authority; (c) war, terrorism, or other civil unrest; (d) accident, fire, flood, or other natural event; (e) strikes, industrial disputes; or other labor matters; or (f) shortages in labor or supplies.
Notices and other communications given under this agreement will be in writing and effective if delivered via (a) hand-delivery; (b) certified United States mail; (c) overnight courier; (d) electronically to legal@narescue.com; or (e) any other method in which proof of receipt can be independently verified.
You agree disputes regarding the provisions and performance of this agreement shall be resolved according to the Conflict Resolution Appendix (Employment/Services 2021) which is incorporated into this agreement by reference. This agreement will be governed by, construed under, and interpreted according to the laws of the State of South Carolina without regard to conflict-of-laws principles. The parties agree the courts in Greenville, South Carolina, whether state or federal, shall have exclusive jurisdiction in any proceeding initiated between the parties regarding this agreement.
