Acellus Academy ("Acellus") Terms and Conditions of Enrollment ACE20140307
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY PARENT ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ENROLLING A STUDENT IN ACELLUS, THE PARENT OR GUARDIAN ('Parent') AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
Important Information About These Terms and Conditions of Enrollment
These terms and conditions constitute a binding contract between Parent and Acellus. Parent accepts these terms and conditions by registering for a course on the Acellus Website (the "Site"). These terms and conditions are subject to change without prior notice, except that the terms and conditions posted on the Site at the time Parent initially places an order to register for a course will govern the order in question.
These terms and conditions constitute the entire agreement between Parent and Acellus relating to the terms and conditions of courses on the Site. Parent consents to receiving electronic records and communications, which may be provided via a Web browser or e-mail application connected to the Internet. Individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Acellus at the address provided below. Acellus reserves the right to terminate your access to the Acellus system if you decline or withdraw consent to receive electronic communications from us.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Acellus reserves the right to make adjustments to the price of tuition, equipment, and course offerings for reasons including, but not limited to, changing market conditions, course discontinuation, course unavailability, and errors in advertisements. All registrations are subject to course availability. Therefore, Acellus cannot guarantee that it will be able to fulfill Parent's orders.
Orders; Payment Terms; Interest; Taxes
All student enrollment submissions and orders are not binding upon Acellus until accepted by Acellus. Terms of payment are within Acellus' sole discretion. In the event of a payment default, Parent will be responsible for all of Acellus' costs of collection, including court costs, filing fees and attorney's fees. Parent is responsible for, and will indemnify and hold Acellus harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order.
Cancellation of Services
You may cancel a subscription at any time by logging into the online payment account you specified when setting up your subscription. Upon cancellation, any scheduled payment transactions will be cancelled. Payments made prior to the time of cancellation are non-refundable.
Responsibilities of Parent/Guardian
The Parent and student must adhere to all school policies as documented on the school's website, handbooks, and guide materials.
The Parent alone is responsible to know and understand all applicable local and state laws and requirements regarding homeschooling. The Parent also assumes full responsibility for selecting the courses of study needed to meet any applicable homeschool graduation requirements for his or her state.
The Parent has the primary responsibility for the education of the student and is expected to guide, teach, and motivate him or her through each assigned course. The Parent must ensure that the student alone completes the assigned course work, and that assessments and exams are completed without the help of other individuals, websites, books, notes or other aids. Assignments and exams must be submitted on a regular and timely basis.
All applicable tuition payments must be made prior to accessing the curriculum and thereafter as scheduled by Acellus Academy. Failure to remit any due balances may result in suspension from the program.
Acellus Academy reserves the right to cancel enrollment at any time for any reason.
Record Keeping and Transfer of Student Records
Acellus Academy maintains records regarding student grades, attendance, enrollment status, and other records of educational importance. It is the policy of Acellus Academy that student records will be maintained confidential, and that written permission must generally be provided by the parent or by a qualified student in order to release any information from a student's educational record. However, it is understood, and parent agrees that Acellus Academy is allowed to disclose those records, without consent, to the following parties or under the following conditions:
- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
Acellus Academy does not discriminate in student admission, employment opportunities or practices on the basis of race, ethnicity, gender, religion, disability or any other characteristic protected by law.
Courseware and Instruction Disclaimer
All instruction and course materials provided to the student is provided on an "as is," "as available" basis. Acellus Academy hereby expressly disclaims all warranties either express or implied, related to the instruction and course materials provided, including, without limitation, any warranty of fitness for a particular purpose, or any warranty arising out of any proposal, specification, sample or otherwise. Acellus Academy does not warrant that the content of the course(s) or instruction will meet Parent's expectations. Acellus Academy does not warrant the accuracy or reliability of any information provided. Parent acknowledges that any reliance on such information shall be at his or her sole risk. Acellus Academy reserves the right, in its sole discretion, to correct any errors or omissions in its instructional programs or course offerings.
Limitation of Liability and Remedies
ACELLUS SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE COURSE(S) OR SOFTWARE, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER ACELLUS HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, INFRINGEMENT OF INTELLECTUAL PROPERTY, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS. ACELLUS SHALL HAVE NO LIABILITY FOR COURSE(S) OR SOFTWARE NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA. NOTWITHSTANDING THE FOREGOING, ACELLUS' TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE COURSE(S). THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICE. ACELLUS NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.
In states where the exclusion or limitation of incidental or consequential damages is not allowed, the limitations or exclusions will apply to the greatest extent permitted by law.
The failure to enforce any provision of these Terms and Conditions of Enrollment shall not be construed as a waiver of any such provisions nor prevent Acellus thereafter from enforcing the provision or any other provisions of these Terms and Conditions of Enrollment.
If any term, condition or provision in these Terms and Conditions of Enrollment is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, then it is the intent of the parties that such court apply a rule of reasonableness and modify the term, condition or provision in question so it will remain in effect to the greatest extent permitted by law. In the event a court finds such procedure to be inappropriate, then such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Headings in this document are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Time Limitation for Bringing Claims
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COURSE(S), OR ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OF ENROLLMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
THESE TERMS AND CONDITIONS OF ENROLLMENT AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF MISSOURI, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN JACKSON COUNTY, MISSOURI AND PARENT CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN JACKSON COUNTY, MISSOURI AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. PARENT FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the course(s) sold pursuant to these terms and conditions of enrollment, the interpretation or application of these terms and conditions or the breach, termination or validity thereof, the relationships which result from these terms and conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Acellus' advertising and marketing (collectively, a "Claim") arising hereunder that cannot be settled amicably by the parties shall be settled by arbitration (the "Arbitration") in accordance with the rules of the American Arbitration Association, then in force. The Arbitration shall be governed by the following rules: a) The Arbitration hearings shall be held in Kansas City, Missouri; b) The dispute shall be heard and determined by a single arbitrator (the "Arbitrator") who shall be selected by agreement of both parties hereto; c) Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration; d) The Arbitrator shall make his or her award in writing within two (2) months of the start of the Arbitration - or within such time-period as agreed to in writing by the parties hereto; e) The Arbitrator shall have the authority to award costs to whichever party he or she deems appropriate; and f) The decision of the Arbitrator shall be final, conclusive, and binding upon the parties hereto.
Once arbitration has been chosen by any party with respect to a Claim, neither Acellus nor Parent will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Parent will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of enrollment, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any court having jurisdiction may enter judgment on the award rendered by the Arbitrator. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Acellus arising out of sales hereunder may be litigated in court rather than through arbitration.
26900 E. Pink Hill Road
Independence, MO 64057 USA