The following terms and conditions (this “Contract”) apply to your procurement of services and materials on behalf of your student (“Student”) from Fusion Academy and/or Fusion Global Academy (“Fusion”) and you. By completing any transaction on this website, or by procuring any services and/or materials from Fusion, you hereby (1) agree to the following Contract and (2) represent that you have the authority and capacity to enter into this Contract.
Tutoring and Mentoring Cancellation Policy
Once scheduled, prepaid tutoring and camp sessions cannot be cancelled for a refund or credit.
Suspension or Dismissal
Fusion reserves the right, in its sole discretion, to suspend and/or dismiss Student if Student’s actions or behavior are deemed disruptive or threatening to other students or School personnel, or seriously interfere with the School’s mission and its educational purpose, or if actions or behavior by a Parent, Legal Guardian or family member are deemed harmful, in each case as determined in the sole discretion of the Head of School.
Indemnification
Client(s) hereby agree(s) to indemnify, hold harmless and reimburse Fusion, its affiliates, and its and their respective directors, officers, employees, subcontractors, successors and assigns (each, a “Covered Person”) with respect to any claims, damages or other liabilities, including reasonable attorney fees, incurred by any such Covered Person in connection with the services, materials, or injuries to Student which are not the result of gross negligence, intentional neglect or willful or wanton misconduct by such Covered person, including injuries suffered or sustained during extracurricular activities, field trips, sports, etc.
Disclaimer of Warranties
ALL SERVICES AND MATERIALS PROVIDED BY FUSION ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE”. FUSION MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FUSION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS OR THAT PARTICIPANTS WILL DEVELOP ANY LEVEL OF PROFICIENCY UPON COMPLETION OF ANY FUSION PROGRAM. FUSION MAKES NO WARRANTY OR GUARANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR OBTAINED FROM FUSION WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FUSION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH FUSION’S WEBSITE, SERVICES OR MATERIALS, EVEN IF FUSION HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE FUSION WEBSITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION VISITORS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Force Majeure
Fusion’s duties and obligations under this Contract may be suspended (including without prior notice where prior notice is not practicable) due to force majeure events, including without limitation, any fire, act of God, hurricane, war, governmental action, acts of terrorism, epidemic, pandemic (including COVID-19) or any other event beyond the School’s reasonable control. If any such event occurs, the School’s duties and obligations under this Contract will be postponed until such time as the School, in its sole discretion, may safely reopen. In the event the School cannot reopen due to an event described herein, the School is under no obligation to refund any portion of the tuition or other amounts paid on behalf of Student.
Privacy
All information collected via this website shall be processed in accordance with Fusion’s Privacy Policy, available here.
Entire Agreement
This Contract, including the Privacy Policy, and any related agreements entered into in writing by the parties set forth the entire agreement and understanding of Client(s) and Fusion with respect to the subject matter hereof and thereof, and any and all prior agreements, representations or promises concerning the subject matter of this Contract are superseded by this Contract. Client(s) agree that Client(s) have not relied on any statements, verbal or written, that are not expressly embodied in this Contract. Any modifications to this Contract must reference this Contract and must be contained in a written instrument signed by both Client(s) and Fusion.
Governing Law
This Contract, and the rights and obligations of the parties hereunder, will be governed by and construed in accordance with the laws of the state of Michigan without regard to conflict of law principles.