Terms of Service

TERMS, CONDITIONS AND POLICIES

Red Oak Academy (ROA) provides our Internet sites and the content, products and services offered on or through those sites (collectively, the “Services“), to you subject to the following Terms of Service (“TOS“). Your use of the Services in whole or in part constitutes your binding acceptance of these TOS. If you do not agree to these TOS, you should not use the Services nor sign this agreement. Some Services may be subject to additional posted rules, policies and terms.

PAYMENT POLICIES
Cost of Services
COST OF ENROLLMENT AND TUITION FOR REGULAR ACADEMIC YEAR NON-GRADED OPTION:
$50.00 No-refundable Setup fee
$2030.00 Annually – Payable in 12 Monthly Installments. The following conditions apply:

1. A $50.00 setup fee is required at the time of enrollment.
2. Tuition in Full or the First Monthly Installment of $165.00 is due when student begins classes or independent study activities. Monthly charges will be made on the same day of each month.
3. Monthly installments are NOT designed to be pay-as-you-go. Parents are responsible for the entire annual tuition.
4. There are no refunds for any portion of any month where student performed work, took tests or attended classes.
5. Grade reports and transcripts will be withheld until all accounts are cleared at withdrawal.
6. A signed and completed withdrawal form is required 30 days in advance to enable the Red Oak Academy staff to prepare grade reports and record for transfer to the new school.  The withdrawal form is located at http://www.redoakacademy.com/startup/withdraw.htm
7. Families who have paid for the entire year (12 months) and withdraw prior to the 5 day time limit, will receive a refund equal to  the number of days remaining in the Academic year.
8. All refunds will be issued by check only.  If conditions are met, a check will be issued for the refund on the 15th of the following month. A ROA withdrawal form must be received before any refund is issued.

COST OF ENROLLMENT AND TUITION FOR REGULAR ACADEMIC YEAR GRADED OPTION:
$50.00 None-refundable Setup fee.
$3230.00 Annually – Payable in 12 Monthly Installments. The following conditions apply:
$265.00 Monthly – Payable in 12  Monthly Installments. The same conditions as regular enrollment apply:

1. A $50.00 setup fee is required at the time of enrollment.
2. Monthly Installment of $265.00 is due when student begins classes or independent study activities. Monthly charges will be made on the same day of each month.
3. Monthly installments are NOT designed to be pay-as-you-go.
4. There are no refunds for any portion of any month where student performed work, took tests or attended classes.
5. Grade reports and transcripts will be withheld until all accounts are cleared at withdrawal.
6. A signed and completed withdrawal form is required 30 days in advance to enable the Red Oak Academy staff to prepare grade reports and record for transfer to the new school.  The withdrawal form is located at http://www.redoakacademy.com/startup/withdraw.htm.
7. Families who have paid for the entire year (10 months) and withdraw prior to the 5 day time limit, will receive a refund equal to  the number of days remaining in the Academic year.
8. All refunds will be issued by check only.  If conditions are met, a check will be issued for the refund on the 15th of the following month. A ROA withdrawal form must be received before any refund is issued.

COST OF ENROLLMENT AND TUITION FOR SUMMER SCHOOL:
$50.00 None-refundable Setup fee.
$795.00 for the summer payable in advance or in 3 monthly installments.  The same terms apply as above with three payments of $265.00.
2. Refund Policy
Red Oak Academy, Inc makes every effort to insure that you are satisfied with our school and services.  However, we understand that occasionally circumstances arise that force parents to withdraw from enrollment. If this occurs, we will refund Tuition based on the following limitations:
A.  New students who terminate their enrollment within two (2) calendar days of enrollment will receive a full tuition refund. To cancel an enrollment, you must fax or send the ROA withdrawal form to the Red Oak Academy office informing us of your withdrawal.

B. Students who terminate their enrollment after two (2) calendar days must fax or send the ROA withdrawal form to Red Oak Academy. We must receive notification (via fax or mail) within 30 days advance of the bill date in order to cancel enrollment.

C.Due to annual planning and budgetary needs, families who have paid in advance for the entire year (10 months), are allowed 5 days from the date of enrollment to request a refund. Families electing to opt for early withdrawal will receive a refund equal to the number of days remaining in the Academic year.  The number of remaining days is calculated based on the receipt of the ROA Withdrawal Form 30 days in advance.  Any discounts for paid-in-advance enrollments which may have been offered at the time of enrollment, are suspended in the event of early withdrawal.  No refunds of any paid-in-advance tuition are allowed after 5 days from the original date of enrollment.

D.  All refunds will be issued by check only on the 15th of the following billing cycle.

3. Entire Agreement These TOS, including the policies referred to in these TOS, constitute the entire agreement between you and ROA and govern your use of the Services, superceding any prior agreements between you and ROA. As noted above, you also may be subject to additional terms and conditions that may apply when you use or purchase certain other ROA services, affiliate services, third-party content or third-party software. These TOS cannot be changed or terminated orally. Notice. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Services or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting the General Counsel, Red Oak Academy, Inc, 2717 Yorkshire St. Irving, TX  75061. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

4. Assignment You agree that the TOS may be automatically assigned, in whole or in part, by ROA or its affiliate to a third party, in our sole discretion, in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, in whole or in part.

5.  Limitation of Liability
IN NO EVENT SHALL ANY ROA PARTY BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF SUCH ROA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES, YOU AGREE THAT THIS LIMITATION WILL APPLY TO ANY MERCHANDISE, SERVICES, AND CONTENT THAT MAY BE AVAILABLE THROUGH SUCH SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY ROA PARTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE HUNDRED DOLLARS ($100.00). Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have ROA, upon written notice from you to us, attempt to repair, correct or replace any deficient Service and, if repair, correction or replacement is not reasonably commercially practicable for ROA, in its sole discretion, to refund any monies actually paid by you for the Service involved and to terminate and discontinue your use of the Services.

6. Choice of Law and Forum. The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Delaware, giving no effect to choice of law provisions. The U.N. Convention of Contracts for the International Sale of Goods is expressly excluded from any interpretation of this Agreement. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in Delaware, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction of these courts.

7. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. Waiver and Severability of Terms. The failure of ROA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

8. Violations ROA respects your educational property rights.  If you believe that your student’s educational welfare has been jeopardized in some way, we ask that you bring service problems to our attention, but California residents may also choose to contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, at 400 R Street, Sacramento, California 95814 or (800) 952-5210.

9. Description of Service