Acellus Corporation ("Acellus") Terms and Conditions of Enrollment ACE20160830
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
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
All applicable tuition payments must be made prior to accessing the
curriculum and thereafter as scheduled by Acellus Corporation. Failure to
remit any due balances may result in suspension from the program.
Acellus Corporation reserves the right to cancel enrollment at any time
for any reason.
Record Keeping and Transfer of Student Records
Acellus Corporation maintains records regarding student grades, attendance,
enrollment status, and other records of educational importance. It is the policy
of Acellus Corporation 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
Corporation 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 Corporation 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 Corporation 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 Corporation does not warrant that the content of
the course(s) or instruction will meet Parent's expectations. Acellus
Corporation 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 Corporation reserves the right, in its sole
discretion, to correct any errors or omissions in its instructional programs or
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.
3301 South State Route 7
Independence, MO 64057 USA