Terms & Conditions

Acellus Academy ("Acellus") Terms and Conditions of Enrollment ACE20231204

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

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 UNLESS AS AGREED TO BY US IN A WRITING SIGNED BY A SENIOR OFFICER OF US ARE NON-BINDING, INEFFECTIVE AND DOES NOT FORM PART OF THESE TERMS AND CONDITION.

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"). We reserve the right to update or modify these terms at any time without prior notice. Your use of the Site or services following any such change constitutes your unconditional agreement to follow and be bound by these terms as changed.

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. Parents may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Acellus at the address provided below. Such withdrawal may result in termination of your access to Acellus system.

Pricing Information; Availability Disclaimer
All pricing is subject to change. Acellus reserves the right to adjust the price of tuition, equipment, and course offerings for reasons including, but not limited to, changing market conditions, course discontinuation, course unavailability, and change in marketing. All registrations are subject to course availability. Therefore, Acellus cannot guarantee that it will be able to fulfill Parent's orders or any change orders. Student's access and use of the Site is personal to the student, and is not transferrable. Your use of external applications while in use of the Site may result in interruption of student's use and access of such external applications or vice versa. Acellus has no responsibility for such malfunctions caused by external applications.

Orders; Payment Terms; Interest; Taxes
All student enrollment submissions and orders are non-binding upon Acellus until accepted by Acellus. Acellus controls the terms of payment and may change the same at its sole discretion. In the event of a payment default, Acellus reserves the right to charge a late fee of 1.5% or the maximum amount as permitted by applicable law. Additionally, 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, and all other materials provided to the Parent and students.

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 the student 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 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 (including law enforcement) in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.

Graduation
A student may earn a high school diploma from Acellus Academy once all graduation requirements have been met to the satisfaction of Acellus Academy. A diploma will not be awarded to any student who is enrolled for less than twelve months or is under the age of sixteen. Acellus Academy makes no representations or warranties regarding the success of graduates in securing employment or acceptance into any college, university, or other educational program.

Academic Integrity Policy
As the Parent, your role is pivotal in ensuring the integrity of your student's educational experience at Acellus Academy. The Parent hereby agrees to discuss the importance of academic honesty with the student and to supervise the student's coursework, including exams, to ensure compliance with this Academic Integrity Policy. The Parent understands and agrees that as a condition of enrollment in Acellus Academy, students must:

• Complete all assignments, quizzes, tests, and projects using their own knowledge and abilities without unauthorized assistance.
• Properly credit all sources when using others' ideas, language, or work.
• Abstain from cheating, plagiarism, and any other form of academic dishonesty.
• Refrain from hacking or attempting to breach or circumvent any technological or security measures of the school's digital learning platforms.
• Avoid any unlawful activities that may compromise the integrity of the school, its coursework, or its systems.

In the event that Acellus Academy deems, at its sole discretion, that the student is in violation of these policies, the student will lose all credit for the implicated work. The Parent also agrees that Acellus Academy may take further disciplinary action, which could include a failing grade for the course, suspension, or expulsion, depending on the severity of the infraction.

Intellectual Property Policy
The Parent and student agree that all material related to Acellus including its trademarks, educational content, including lessons, exams, and any other copyrighted materials, is the exclusive property of the Acellus Academy. No part of the educational content may be copied, translated, reproduced, displayed, or distributed without the Acellus Academy's prior written consent. Unauthorized use of Acellus Academy's intellectual property, including publishing or sharing lesson or exam content, is strictly prohibited.

In case of any unauthorized use of Acellus Academy's materials, the Acellus Academy reserves the right to immediately terminate without any prior notice the student's enrollment. The Parent acknowledges and agrees that any breach of these terms may result in immediate dismissal from the Acellus Academy and potential legal action.

Acceptance of Transfer Credits
The Parent understands and agrees that the acceptance of transfer credits lies within the sole discretion of Acellus Academy. Credits earned at other institutions may or may not be accepted by Acellus Academy. Likewise, credits earned at Acellus Academy may or may not be accepted by another school depending upon its own programs, policies, and regulations. Any Parent planning to enroll a student for the purpose of transferring credits to another school is advised to contact such school regarding transfer credit policies prior to enrolling in Acellus Academy.

Nondiscrimination Policy
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 amend 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.

Waiver
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.

Severability
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.

Governing Law
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.

Arbitration
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.

Further, Parent waives any right to participate in a class action and therefore 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.

Electronic communications, records and signatures may be used in connection with all matters contemplated by these Terms & Conditions except to the extent prohibited by applicable law. Except as may be specifically set forth herein, the parties may use and rely upon electronic communications, records and signatures for all notices, waivers, consents, undertakings and other documents, communications or information of any type sent or received in connection with the matters contemplated by these Terms & Conditions. An electronically transmitted (but not oral) document will be deemed to satisfy any requirement under these Terms & Conditions or applicable law that such document be "written," "in writing" or the like. An electronic signature or electronically transmitted signature by any person on any document (properly authenticated) will be deemed to satisfy any requirement under these Terms & Conditions or applicable law that such document be "signed" or "or executed" by such person. An electronic transmittal or communication (but not oral) of a document will constitute delivery of such document. None of the parties may contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files or electronic records are to be in writing or signed by the party to be bound thereby.

Acellus Academy
11020 N. Ambassador Dr.
Kansas City, MO 64153 USA
866-684-6127

Version: ACE20231204