Terms of Service
LINCOLN ACADEMY provides services to you subject to the following notices, terms, and conditions ("Terms"). PLEASE READ THESE TERMS CAREFULLY. THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, ARE A BINDING CONTRACT BETWEEN LINCOLN ACADEMY AND YOU ("you"). IF YOU VISIT, USE, OR ENROLL AT THE WEBSITES OPERATED BY LINCOLN ACADEMY INCLUDING, BUT NOT LIMITED TO WWW.THELINCOLNHIGHSCHOOL.COM AND WWW.LINCOLNACADEMY.COM (THE “SITES”), YOU ACCEPT THESE TERMS. IN ADDITION, WHEN YOU USE ANY CURRENT OR FUTURE LINCOLN ACADEMY SERVICE OR VISIT OR PURCHASE FROM ANY BUSINESS AFFILIATED WITH LINCOLN ACADEMY, WHETHER OR NOT INCLUDED IN THE SITES, YOU ALSO WILL BE SUBJECT TO THE GUIDELINES AND CONDITIONS APPLICABLE TO SUCH SERVICE OR BUSINESS. IF THESE CONDITIONS ARE INCONSISTENT WITH SUCH GUIDELINES AND CONDITIONS, SUCH GUIDELINES AND CONDITIONS WILL CONTROL. THIS AGREEMENT, IN SECTION 6 CONTAINS A BINDING ARBITRATION PROVISION GOVERNED BY THE FEDERAL ARBITRATION ACT AND A WAIVER OF CLASS ACTIONS.
2. REFUND POLICY
Please read our Refund Policy, which is incorporated into these Terms.
3. CUSTOMER SUPPORT
You may contact LINCOLN ACADEMY by sending an email to firstname.lastname@example.org. You acknowledge that the provision of customer support is at LINCOLN ACADEMY's sole discretion, however we try to provide customer support Monday - Friday from 9am-5pm CST.
4. NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, LINCOLN ACADEMY will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize LINCOLN ACADEMY to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if LINCOLN ACADEMY decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by LINCOLN ACADEMY to the address that you have most recently provided will constitute effective notice. LINCOLN ACADEMY's address for Legal Notices is:
12605 East Freeway Suite 508
Houston, TX 77015
5. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Lincoln Academy provides the Sites and the related services "as is", “whereis”, and "as available." Lincoln Academy makes no express and/or implied warranties or guarantees about the Sites, the goods and services described thereon or the Advertisers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LINCOLN ACADEMY AND ITS OFFICERS, DIRECTORS, AGENTS AND VENDORS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES THAT THE WEBSITE AND SERIVCES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY OR FIT FOR A PARTICULAR PURPOSE OR NEED. LINCOLN ACADEMY IN NO WAY GUARANTEES THAT LINCOLN ACADEMY WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, ACCURATE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. LINCOLN ACADEMY MAKES NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM WITH US IS TO CEASE USE OF THE SITES AND IN NO WAY SHALL EXCEED THE AMOUNT OF MONEY PAID BY YOU FOR THE USE OF THE SERVICES PROVIDED ONTHE SITES. LINCOLN ACADEMY, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITES IN ANY WAY. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO ANY OTHER EQUIPMENT, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF LINCOLN ACADEMY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, LINCOLN ACADEMY’S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND VENDORS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
6. APPLICABLE LAW & DISPUTE RESOLUTION
The arbitrability of any Disputes (as defined below) is governed by the Federal Arbitration Act and not any state laws applicable to arbitrations. Regarding the substantive law of any Disputes, to the maximum extent authorized by law, the laws of the State of Texas govern the non-arbitration related interpretation of this Agreement and the substantive law of any Dispute, regardless of conflict of laws principles.
Arbitration. Any Dispute shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16). For a copy of the procedures, to file a Claim or for other information about these organizations, contact the American Arbitration Association at www.adr.org.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction. This arbitration provision shall survive: i) the termination of the Agreement; or ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO LINCOLN ACADEMY, 12605 EAST FREEWAY SUITE 508, HOUSTON, TX 77015, ATTN: LEGAL OPT-OUT AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. If the value of the dispute is $75,000 or less, its Supplementary Procedures for Consumer-Related Disputes will also apply. On disputes involving $75,000 or less, we will promptly reimburse your filing fees and pay the AAA's and arbitrator’s fees and expenses. You agree to commence arbitration only in your county of residence or in Harris County, Texas, US. We agree to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. Nothing herein prohibits Lincoln Academy from asking the arbitrator to award Lincoln Academy all costs of the arbitration including any Administrative Fees paid on your behalf.
If the Dispute is not arbitrated by the choice of the parties or a court does not compel arbitration if either party elects to arbitrate for whatever reason, the Dispute will be decided by a court without any right by either party to a trial by jury. Any such court proceeding, including any efforts to compel arbitration or initially filed lawsuits that arises out of or relates to this Agreement or use of the Sites shall be decided exclusively by a court of competent jurisdiction located in the Houston, Harris County, Texas.
Dispute is defined as “Any dispute, claim or controversy between you and Lincoln Academy, its officers, directors, agents, parent companies and vendors that arises out of or relates to this Agreement or use of the Sites or otherwise regarding any aspect of your relationship with Lincoln Academy that has accrued or may thereafter accrue, whether based in contract, statute (including, but not limited to, any consumer protection statutes, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence or any other intentional tort), or any other legal or equitable theory.
You agree that when enrolling into the program, if you choose the Installment Plan option, you will be billed on a bi-weekly basis.
It is your responsibility to ensure that sufficient funds are available to complete any payments you schedule. You agree that your account will be temporarily suspended until the past due balance payment is made and a re-activation fee of $7.50 may be applied to your total tuition for each late payment.
If your financial institution rejects the transaction for any reason, your payment will not be applied to your account.
If you are enrolling in an Automatic Payment Installment Plan, you are authorizing to debit the bank or card account you designate each billing period to pay automatically the amount due on your billing statement. We will advise you by sending a receipt statement message of the amount and date of the payment that will be automatically debited.
You agree that all funds must be paid in full before any items, documents, and information will be released to you or to a third party.
You hereby understand that there is a "Diploma & Transcript Package" fee charged to your account and that the "Diploma & Transcript Package" fee must be paid in full before we will release any information to you or to a third party.
You hereby understand that there is a "processing" fee charged to your account and that the "processing" fee must be paid in full before we will release any information to you or to a third party.
If paying with a check over the phone, also known as eCheck/ACH, the phone will and must be recorded for quality assurance purposes. You will be notified when the phone call recording begins and ends. When paying with a check over the phone, you hereby authorize to withdraw any funds that we all have beneficially agreed upon.
8. TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your Account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Term’s end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites.
9. MODIFICATIONS TO TERMS AND SITES
10. INTELLECTUAL PROPERTY
Lincoln Academy, or people from whom Lincoln Academy obtained a license, retain ownership of all intellectual property rights of any kind associated with the Sites, including all applicable trademarks, copyrights and other proprietary rights such as trade secrets. Through the use of the Sites pursuant to this Agreement, you have a limited right to use the Sites, but in no way is Lincoln Academy granting any license to you under any of those intellectual property rights. Lincoln Academy reserves all rights that are not expressly granted to you in this Agreement. You may print limited numbers of one or more pages from the Sites for your personal use.
Lincoln Academy retains, to the maximum extent possible, all ownership, without limitation, of all the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein ("Marks") unless they are marks used by others who have provided them to Lincoln Academy for use on the Sites. The Marks are owned or licensed to Lincoln Academy, subject to copyright and other intellectual property rights under the law of the United States of America, the law of the jurisdiction where you reside, and international conventions. All content on the Sites provided by Lincoln Academy is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lincoln Academy reserves all rights not expressly granted in and to the Sites.
11. ENTIRE AGREEMENT
12. YOUR CONDUCT
By using the Sites, You agree not to:
- conduct or promote any illegal activities;
- attempt to reverse engineer or interfere in any way with the functioning of the Sites or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure);
- attempt to gain access to secured portions of the Sites;
- use the Sites to generate unsolicited email advertisements or spam;
- use any automatic or manual process to search or harvest information from the Sites;
- interfere in any way with the proper functioning of the Sites; or
- impersonate another user.
To access certain parts of the Sites, Lincoln Academy may require you to create an account and/or profile. All such information provided by you shall be accurate and you agree to keep said information up to date. Anyone whose privilege to use the Sites was previously terminated may not register for another profile or account, nor use another’s profile or account to use the site or create an account on your behalf.
Because sharing User IDs is prohibited Lincoln Academy assumes that access to the Sites through your User ID is, in fact, you. You are solely responsible for any and all access to the Sites by persons using your User ID. If you believe your User ID is being used without authorization, notify us immediately at email@example.com.
You further agree that you are at least 16 years of age or older and are located within the United States of America.
13. THE REFUND POLICY AND THE LINCOLN ACADEMY DIPLOMA
Upon completion of the program, Lincoln Academy will issue you a diploma. The diploma is evidence that you have successfully completed a nontraditional secondary education. Many states, such as Texas, consider successful completion of a nontraditional secondary education to be equivalent to graduation from a public high school. As a result, many states, such as Texas, require that institutions of higher education must treat an applicant for admission to the institution as an undergraduate student who presents evidence that the person has successfully completed a nontraditional secondary education according to the same general standards as other applicants for undergraduate admission who have graduated from a public high school. See Tex. Educ. Code Ann. § 51.9241. Feel free to call Lincoln Academy at 1-877-523-4756 if you have any questions although we are not permitted to provide any legal advice. A valuable resource for the laws that may apply to you can be found at http://www.hslda.org/laws/default.asp. Lincoln Academy has never encountered difficulty with any public community colleges or public four year universities or colleges in any state, some private for-profit colleges may not allow you to use a Lincoln Academy diploma to enroll in their school because these schools set their own arbitrary rules. If you have any questions regarding whether a technical, community college, college or university, or for-profit program will accept the Lincoln Academy diploma, please feel free to contact us or inquire with that institution prior to enrolling.
If you are not satisfied for any reason, please request a refund by clicking here. If you are not permitted to apply for any community college or public four year university solely because of the Lincoln Academy diploma, we will work with you to find a suitable replacement that will accept it or refund your money. Lincoln Academy tends to be liberal with its refund policy to keep its customers satisfied, but Lincoln Academy reserves the right to restrict refunds to any students who show proof that they are not allowed to apply at any public community colleges, public trade schools, public universities or whose employers reject the Lincoln Academy diploma. Also, you have one month from your date of completion for your documents to be applicable for a refund due to a denial by an employer or educational institution.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Lincoln Academy’s prior written consent, and any attempt by you to do so will be invalid.