Homeschooling Web Site Terms of Use

Welcome to The Southern Baptist Academy homeschool web site. The Southern Baptist Academy homeschool web site is owned and operated by The Southern Baptist Academy, Inc. In return for access to the information we are providing, we require that you abide by these Homeschool Web Site Terms of Use in your use of this homeschool web site. If you do not accept these Homeschool Web Site Terms of Use, you are not authorized to use this homeschool web site. Your use of this homeschool web site is your automatic agreement to these Homeschool Web Site Terms of Use.

Homeschooling Web Site Background

This homeschool web site is designed to provide homeschool students, homeschool parents and guardians with access to a varied collection of digital media. If you are not a registered student or the parent or guardian of a registered student, a tutor, teacher or administrator, you are not authorized to use this homeschool web site. We recommend that you review these Homeschool Web Site Terms of Use. If at any time you are not in compliance with these Homeschool Web Site Terms of Use, we have the right to terminate your rights of use and access to this homeschool web site. We also have the right to terminate your use at our discretion, for any reason or no reason.

Updates to Homeschooling Web Site Terms of Use

We may amend these Homeschool Web Site Terms of Use at any time by posting the amended Homeschool Web Site Terms of Use on this homeschool web site. Your use of this homeschool web site after the posting of the amended Homeschool Web Site Terms of Use constitutes automatic acceptance of the amended Homeschool Web Site Terms of Use. You may only amend these Homeschool Web Site Terms of Use by a writing signed by both of us. Any information contained on this homeschool web site does not represent a commitment on our part in the future. We make no commitment to update the information contained on this homeschool web site.

Homeschooling Web Site Limitations on Use

Your use of the ebooks, etexts, and associated graphics obtained through this homeschool web site is subject to the following limitations:

The ebooks, etexts, and associated graphics obtained through this homeschool web site may not be used for any commercial purpose.

The Public Domain ebooks, etexts, and associated graphics obtained through this homeschool web site may be copied in print or electronic form without our permission as long as The Southern Baptist Academy Homeschool Program is credited.

Users are not permitted to download the ebooks, etexts, or associated graphics or any other content, excepting public domain texts, in order to mount them on their own servers for public use or for use by a set of users or subscribers.

Homeschool System Integrity

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of this homeschool web site or to surreptitiously intercept or expropriate any system, data or personal information from this homeschool web site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.

Possible Defects

It is possible the ebooks, etexts, and associated graphics available on this homeschool web site and any medium they may be on may contain defects such as incomplete, inaccurate, or corrupt data, transcription errors, copyright or other intellectual property infringement, a defective or damaged disk or other medium, a computer virus, or computer codes that damage or cannot be read by your equipment. You use this homeschool web site at your own risk. We do not endorse any information posted or content contained on this homeschool web site and we are not liable for any information posted on this homeschool web site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on this homeschool web site which we believe is appropriate in our sole discretion with respect to information posted on this homeschool web site, including but not limited to termination of your rights of use.

Links

This homeschool web site may contain links to third-party homeschool web sites not under our control or operation. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. We may, in our sole discretion, permit links to this homeschool web site, as long as they do not imply endorsement, sponsorship, or affiliation. We do require, however, that you get our prior written consent before creating any type of hyperlink to this homeschool web site. You may frame this homeschool web site only with our prior written consent.

Third Party Content

This homeschool web site may contain news and information published by various third party providers or links to third party homeschool web sites. The Terms and Conditions of the respective third parties are posted on their respective homeschool web sites (and may be updated from time to time). We recommend that you review those Terms and Conditions.

Homeschooling Program Tuition

The Southern Baptist Academy Homeschool Program has both public and private sections of this homeschool web site. Access to these private sections require a username and password which are created by the parent during the application process. Primarily for instruction, these sections are available on a homeschool tuition payment. At certain times of the year The Southern Baptist Academy Homeschool Program offers an installment payment plan to make it easier for parents and guardians to budget their financial obligations. Upon enrollment, the homeschool student's parent or guardian is agreeing to pay the total homeschool tuition for the then-current school year either in full or according to an installment plan (if currently offered) that allows the full homeschool tuition amount to be split into two or more installment payments. Re-enrolling families returning for consecutive years will be entitled to re-enroll at the homeschool tuition amount originally paid during their first full academic year at the Academy. This specific benefit is currently valid at least through the 2007-2008 learning year and, although not guaranteed, we hope to be able to extend it after that time.

Homeschool tuition includes access to up to 6 homeschool courses. Homeschool families who wish to enroll in additional homeschool courses may do so at $195.00 per homeschool course for up to two additional homeschool courses. Homeschool students may not enroll in more than 8 homeschool courses during one school year. There may be additional fees and homeschool course materials for additional homeschool courses which are clearly described within the official homeschool course description.

Homeschooling Program Refund Policy

Homeschool families have 30 days from the first homeschool student log on in which to determine if the Homeschool Academy’s programs suit the needs of their homeschool student(s). Refunds will be granted according to the following policies as long as the family disenrolls from the Academy via email or other written notice to the Member Services department (StudentServices@The SouthernBaptistAcademy.org) as well as placing a telephone call to Member Services at 1-800-607-1107, Monday through Friday 9 am to 7 pm EST, Saturday 9 am to 5 pm EST. Both written and telephone notices are needed for disenrollment to be completed and for any refunds to be issued. Fees such as Shipping & Handling, Application or Enrollment fees and Miscellaneous and/or homeschool curriculum and/or CD and/or Multi-Media fees are non-refundable. The single exception to this policy is that if The Southern Baptist Academy Homeschool Program is unable to accept a homeschool student into our program for any reason, the Homeschool Application/Enrollment fee is fully refundable.

Homeschool tuition fees may be refundable according to the following schedule:

Disenrollment within 30 days of enrollment:

If entire yearly homeschool tuition has been paid in full at the time of registration, the family will receive a refund of their entire homeschool tuition payment minus 25%. If installment plan payments were agreed to at the time of registration and have been paid according to the agreement, all homeschool tuition paid minus the first installment payment will be refunded.

If the homeschool student is enrolled in additional homeschool courses beyond the 6 covered by homeschool tuition, and the homeschool student disenrolls from an additional homeschool course within 30 days of the homeschool student’s first day of attendance, the homeschool student will receive a refund of 75% of the additional homeschool course fee of $195.00. The refund does not apply to homeschool curriculum materials, CD Usage Fees or any other fees necessary for enrollment in the additional homeschool courses.

Disenrollment after 30 days of enrollment date:

After 30 days, all yearly homeschool tuition fees are due and payable. No refunds are available on homeschool tuition, homeschool curriculum materials, CD Usage Fees or any other fees.

If the homeschool student is enrolled in additional homeschool courses beyond the 6 covered by homeschool tuition, and the homeschool student disenrolls from an additional homeschool course after 30 days of the homeschool student’s first day of attendance, no refunds are available on homeschool tuition, homeschool curriculum materials, CD Usage Fees or any other fees.

Transferring from one Homeschool Academy to Enroll in Another

This academy is managed by Learning By Grace, Inc. which also manages other online academies. Depending on the time of the year and the available spaces in any specific academy, families may be permitted to transfer from one academy to another and may apply all homeschool tuition payments previously made under the following circumstances:

If the homeschool tuition is higher in the first academy in which the family enrolled, any homeschool tuition already paid will be applied to the homeschool tuition for the second homeschool academy. If the application of this homeschool tuition amount exceeds the total homeschool tuition for the homeschool academy in which they are enrolling, no refunds will be issued on the balance.

If the application of this homeschool tuition amount does not exceed the total homeschool tuition for the homeschool academy to which they are transferring, the difference between the two homeschool tuitions will then become the balance due and owing by the homeschool family.

Homeschool f amilies must register for the homeschool academy to which they are transferring through the registration area of that academy’s homeschool web site, as when they registered for the first academy. Registration fees and shipping/handling are never refundable, therefore families must pay both fees again when transferring between academies. Homeschool curriculum materials from the original academy must be returned, and new homeschool curriculum materials for the newly chosen homeschool courses will be provided once again. An exception to this policy is when the homeschool student is taking the exact same classes in the new academy. In this instance, homeschool curriculum materials do not need to be returned and new materials do not need to be issued.

Any CDs received for homeschool curriculum in the first academy must also be returned. The CD Usage Fees paid at the time of registration in the first academy will then be refunded and the family will pay the CD Usage Fees again for the CDs that accompany the homeschool courses they have chosen in the new academy.

Each academy, even if they offer the same (or similar) homeschool curriculum, is a separate entity. Homeschool coursework completed in one academy cannot be ‘switched over” or transferred automatically to the new academy. Homeschool students must print out any work completed in the first academy that they wish to save, as this work will not remain accessible after disenrollment. Homeschool students may use this previously completed homeschool coursework to complete the same homeschool courses in the new homeschool academy so they can quickly complete the weeks of work that have passed. Contact Member Services for a complete explanation of this rule and for assistance.

Financial Responsibility

At times, The Southern Baptist Academy Homeschool Program offers an installment payment plan to make it easier for parents or guardians to budget yearly homeschool tuition costs. This plan is offered interest free as long as invoice payments are not late. For accounts that are not current, a finance charge of 1.5% (subject to State and National regulations) is added on a monthly basis and will accumulate until the account is paid. Payments may be made through our secure online payment system by logging into the "parent" account and clicking on the "Make Payment" button. Parents may also call Client Services at 1-800-607-1107, Monday through Friday 9 am to 7 pm EST, Saturday 9 am to 5 pm EST, for assistance with making payments or asking questions about your account.

For those using Visa or MasterCard, our secure online Auto-Pay system automatically processes charge card payments if/when future payments are due. Using Auto-Pay helps assure uninterrupted service and helps to avoid interest and late charges. Those who do not wish to use Auto-Pay must delete their credit card information on their parent account page. In this case, parents are responsible for entering a payment via the online system and/or mailing a check or money order for the amount due or re-entering their charge card information when they wish to make a payment. Returned checks are subject to a $30.00 Return Check Fee. Declined Credit Card transactions are subject to a $1.00 Declined Credit Card Fee. Member Services can be reached via email at AcademyHelpLine@LearningByGrace.org, via phone at 1-800-607-1107, Monday through Friday 9 am to 7 pm EST, Saturday 9 am to 5 pm EST, or by mail at The Southern Baptist Academy Homeschool Program, 10151 University Blvd., Suite 334, Orlando, FL 32817-1904.

Accounts that are placed in collection because of non-payment are subject to additional fees as permitted by law. The account holder is responsible for all collection costs (legal and para-legal) associated with collection activities for accounts that are cancelled for non-payment. Accounts cancelled for non-payment are subject to an additional $149.00 per homeschool student curriculum fee. However this fee will be credited upon return of all homeschool curriculum materials in good useable condition within 30 days of cancellation. Accounts cancelled or suspended for non-payment are subject to reporting to credit agencies and collection services.

Return of Homeschooling Curriculum Materials

Homeschool curriculum materials are provided to our families via ground shipment after enrollment has been completed and, for 6-12 grades, after homeschool course selection has been finalized. Homeschool curriculum materials may include, but are not limited to, textbooks, workbooks and age-appropriate supplemental materials. These homeschool curriculum materials are provided to enhance the child’s educational experience. These materials are not necessary for the completion of homeschool courses. The Southern Baptist Academy Homeschool Program is primarily an online learning environment and, as such, the bulk of the homeschool student’s homeschool curriculum is presented online. Additionally, CDs containing essential video and audio are included in your homeschool curriculum shipment. There is a CD Usage Fee of 7.95 per CD. Some homeschool courses do not have CDs while others can be accompanied by one to ten CDs. For families who have paid the homeschool tuition and fees in full upon registration or according to the agreed homeschool tuition installment plan, the Homeschool Curriculum Materials do not need to be returned. Video CDs are programmed with a Digital Rights Management function that will allow them to be played only during the current school year; they can be disposed of after that time.

Suspension, Expulsion and Disenrollment

Suspension is a temporary discontinuance of access to The Southern Baptist Academy Homeschool Program private sections. Homeschool students remain enrolled during a suspension and all financial responsibilities remain in effect during a suspension. If a homeschool student is expelled for any reason, the financial responsibility to the homeschool tuition ceases upon expulsion. Suspension or expulsion can occur for a variety of reasons, including abuse of Social Center privileges.

Homeschooling Web Site Privacy

We recommend that you review our Privacy Policy that is posted on this homeschool web site, which is part of these Homeschool Web Site Terms of Use and which we may amend from time to time. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to this homeschool web site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.

Homeschooling Program Religious Content and World-View

The Southern Baptist Academy homeschool web site is centered around traditional, conservative Christianity which is not only limited to subjects such as Bible or Devotions but is extended to be integrated in all traditional subjects. Christian concepts are integrated into all subject areas in all grade levels. The type of Christian content is generally described in our Statement Of Faith. All homeschool students, regardless of religious background are expected to learn and master all teachings at The Southern Baptist Academy Homeschool Program that include our Christian foundation. Understanding that this is a Christian learning environment, you agree not to express, attempt to persuade or proselytize other parents or homeschool students to a differing view even if you disagree with these positions. This policy is in place because parents expect that the Christian teaching received at The Southern Baptist Academy Homeschool Program is consistent with our Statement of Faith. This policy does not preclude discussions of comparative religions limited to classrooms where such discussion is part of the determined and approved lesson structure. This policy does not apply to situations such as personal, non-public, one-to-one discussions with teachers, tutors and/or administration to discuss and explore matters of a spiritual nature; we encourage such inquiry and encourage our teachers, tutors and administration to participate to the degree that the time involved in such discussions does not interfere with their ability to well tend to the primary needs of their homeschool students.

Submission of Homeschooling Program Materials

All comments, suggestions, ideas, graphics, or other information that you transmit to us through this homeschool web site become and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Any materials or information submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. In addition, we will not be under any obligation to respond in any way or reveal to you any information about The Southern Baptist Academy Homeschool Program or any of its affiliates. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to us in connection with the use of this homeschool web site. You should rely solely on your rights under the patent, trademark, and copyright laws. The receipt or consideration of your information by us shall in no way impair our right to contest the validity of your patent, trademark, or copyright. Of course, you are not to transmit to this homeschool web site any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, or which may give rise to civil or criminal liability, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review transmissions, we assume no responsibility or liability which may arise from the content thereof, including - but not limited to - claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Governing Law and Jurisdiction

This homeschool web site (excluding linked sites) is operated by us from our offices and it can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this homeschool web site, you agree that these Homeschool Web Site Terms of Use and your use of this homeschool web site shall be governed in all respects by the internal substantive laws of the geographic location of the physical headquarters of The Southern Baptist Academy Homeschool Program. You further submit to jurisdiction and venue in the federal and state courts located where the physical headquarters are located and further agree that any cause of action you may bring arising under your use of this homeschool web site shall be brought by you exclusively in a federal or state court. We make no representation that materials on this homeschool web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this homeschool site from other locations do so on their own initiative and are responsible for compliance with local laws.

No Warranty

We provide the ebooks, etexts, graphics, and other information on this homeschool web site free of charge, subject to these Homeschool Web Site Terms of Use. We make no warranties or representations, express or implied, as to the accuracy, completeness, or any other aspect of the information on this homeschool web site and assume no liability in connection with any use of this information. THIS HOMESCHOOL WEB SITE, THE EBOOKS, ETEXTS, GRAPHICS, AND ALL OTHER INFORMATION CONTAINED HEREIN AND OUR SERVICES ARE PROVIDED "AS IS," "WHERE IS," AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS HOMESCHOOL WEB SITE OR OUR SERVICES, AND OPERATION OF THIS HOMESCHOOL WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU USE THIS HOMESCHOOL WEB SITE AT YOUR OWN RISK.

Indemnification

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys" fees) resulting from your use of this homeschool web site, your breach of any provision of these Homeschool Web Site Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

Limitation of Liability

In the event that you have a dispute with one or more users of this homeschool web site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this homeschool web site or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release. NEITHER The Southern Baptist Academy Homeschool Program, ITS AFFILIATES, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS HOMESCHOOL WEB SITE WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR ACCESS TO AND USE OF THIS HOMESCHOOL WEB SITE, OR YOUR INABILITY TO ACCESS AND USE THIS HOMESCHOOL WEB SITE, OR FROM DOWNLOADING ANY MATERIAL CONTAINED ON THIS SITE. NOR WILL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR USE OF, OR INABILITY TO USE, THIS HOMESCHOOL WEB SITE, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: A) INCOMPLETE OR INACCURATE INFORMATION; B) COMPUTER VIRUSES; C) SOFTWARE BUGS; D) HUMAN ACTION OR INACTION; E) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR F) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTION. The limitations of liability provided in these Homeschool Web Site Terms of Use inure to the benefit of The Southern Baptist Academy Homeschool Program, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.

Other General Provisions

If any provision of these Homeschool Web Site Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Homeschool Web Site Terms of Use, and all writings and web pages incorporated by reference into these Homeschool Web Site Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.