National Cyberschool LLC (“Cyberschool”) Terms and Conditions of Enrollment

These terms and conditions constitute a binding contract between Parent and Cyberschool. Parent accepts these terms and conditions by registering for a course on the Cyberschool Website (the “Site”). Cyberschool reserves the right to update or modify these terms at any time without prior notice. Parent’s use of the Site or services following any such change constitutes Parent’s unconditional agreement to follow and be bound by these terms as changed.

National Cyberschool LLC provides an online instructional program and learning platform (the “Program”) that participating “Public Schools” make available to students they enroll. The student is enrolled as a pupil of, and attends, the Public School, which serves as the student’s school of record. The relationship between the parents and the Public School is covered in a separate agreement. These terms and conditions govern the Parent’s and student’s registration for and use of the Program and the Site.

These terms and conditions constitute the entire agreement between Parent and Cyberschool 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 Cyberschool at the address provided below. Such withdrawal may result in termination of Parent’s access to the Site and/or Cyberschool system.

Enrollment in the Cyberschool Program at no cost to the parent is contingent upon the sponsorship of the costs by the student’s participating Public School. Such arrangements between Cyberschool and the Public School may change from time to time and Cyberschool reserves the right to adjust its pricing to the Public School, program, software, 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 and agreement by the Public School to continue sponsoring the cost. Therefore, Cyberschool cannot guarantee that it will be able to fulfill Parent’s orders or any change orders and reserves the right to cancel the student’s participation in the Program in the event that the Public School discontinues its participation. Student’s access and use of the Site is personal to the student, and is not transferrable. The Parent’s 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. Cyberschool has no responsibility for such malfunctions caused by external applications. All student enrollment submissions and orders are non-binding upon Cyberschool.

Parent represents and warrants that they are the student’s legal parent or guardian, or otherwise have legal authority to enroll the student in the Program and agree to these Terms & Conditions. Parent agrees to provide documentation demonstrating their authority to enroll a student if requested by Cyberschool.

Parent agrees to provide complete, accurate, and current information required during the enrollment process. Parent further agrees to promptly notify Cyberschool of any material changes to such information. Enrollment is contingent upon the accuracy and completeness of the information provided by the Parent. Cyberschool reserves the right to deny or cancel enrollment if it determines that false, misleading, or material information was omitted during the enrollment process.

Parent may cancel the enrollment of their student in the Cyberschool Program at any time by logging into their online account created at the time of enrollment. Termination of participation in the Cyberschool Program does not constitute withdrawal from the Public School and the parent is required to notify the Public School directly of their change of enrollment to ensure the student is properly withdrawn or to attend school elsewhere. Cyberschool is not responsible if a student is held truant by the Public School as a result of the Parent not properly withdrawing the student by contacting the Public School directly. Cyberschool reserves the right to cancel a student’s participation in the Program at any time for any reason.

The Parent and student must adhere to all Cyberschool program rules. The Parent has the primary responsibility for supervising and supporting the student’s studies from home and is expected to provide an environment conducive to learning and to encourage, motivate, and support the student through each assigned course. Formal instruction is delivered through the Program. 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.

The Parent is responsible for choosing the student’s initial courses. However, Cyberschool has the right to change, replace, or cancel any of those course choices at any time, without giving the Parent advance notice. Cyberschool may do this for any reason. These changes are final.

The Public School is solely responsible for issuing a diploma to students who meet graduation requirements. Attainment of graduation requirements is handled between the Public School and the Parent. Cyberschool makes no representations or warranties regarding the success of graduates in securing employment or acceptance into any college, university, or other educational program.

The Parent understands and agrees that the acceptance of transfer credits lies within the sole discretion of the Public School. Credits earned at other institutions may or may not be accepted by the Public School. Likewise, credits earned at Cyberschool 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 the Cyberschool Program.

As the Parent, your role is pivotal in ensuring the integrity of your student’s educational experience at Cyberschool. 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 Cyberschool, 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.
• Refrain from encouraging or facilitating academic misconduct, including but not limited to sharing answers, promoting dishonest practices, or undermining the integrity of the learning environment.
• Abstain from submitting messages, assignments, or any content containing vulgar language, profanity, inappropriate material, or content that is disrespectful or indecent.
• Avoid publishing any false statements about the school, its coursework, or its systems, that could injure the school, its faculty, or other students, or compromise students’ educational experience.

In the event that Cyberschool 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 Cyberschool may take further disciplinary action, which could include a failing grade for the implicated course and the suspension or termination of the student’s access to the Cyberschool Program, depending on the severity of the infraction.

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

In case of any unauthorized use of Cyberschool or its affiliates’ materials, Cyberschool reserves the right to immediately terminate without any prior notice the student’s access to the Program. The Parent acknowledges and agrees that any breach of these terms may result in immediate termination of access to the Cyberschool Program and potential legal action.

Cyberschool does not discriminate in providing access to the Program, employment opportunities or practices on the basis of race, ethnicity, gender, religion, disability or any other characteristic protected by law.

All instruction and course materials provided to the student is provided on an “as is,” “as available” basis. Cyberschool 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. Cyberschool does not warrant that the content of the course(s) or instruction will meet Parent’s expectations. Cyberschool 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. Cyberschool reserves the right, in its sole discretion, to amend its instructional programs or course offerings.

CYBERSCHOOL 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 CYBERSCHOOL 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. CYBERSCHOOL SHALL HAVE NO LIABILITY FOR COURSE(S) OR SOFTWARE NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICE TO THE PUBLIC SCHOOL. CYBERSCHOOL 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 Cyberschool 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.

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 Cyberschool’s advertising and marketing (collectively, a “Claim”) arising hereunder that cannot be settled amicably by the parties shall be settled by arbitration (“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 have the authority to award costs to whichever party he or she deems appropriate; and e) 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 Cyberschool 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.