TERMS OF SERVICE

End User License Agreement | Terms of Service – SAGrader™ (www.sagrader.com) REV. 24 JULY 2017 | © 2018 THE IDEA WORKS, INC.

SAGrader is a SaaS ("software-as-a-service") educational technology platform and Web site developed, created, and maintained by The Idea Works, Inc., a Missouri corporation headquartered in Columbia, Missouri. This Agreement is between you, a student, and The Idea Works, Inc. (referred to as "Idea Works in the rest of this Agreement). For the purposes of this Agreement, "institution" means any organization with which you are connected, such as a community college, trade school, college (four year or not), university, public or private K-12 school or school district, and commercial or nonprofit businesses, organizations, and foundations.

Access, Accounts, and Enrollment Codes: Access to SAGrader is granted on a per course, per term basis. Access is granted for a single student per account. Access to SAGrader may either be gained by paying the fee for that course directly through the SAGrader Web site, or by purchasing an enrollment code through a third-party retailer, such as a university bookstore. You, the user, may not under any circumstances share or use your SAGrader student account with any other person. If you are found to share your log-in information with another student, or anyone else, your instructor will be notified. Please also be aware that SAGrader includes plagiarism detection components. Your instructor is automatically notified anytime your responses are flagged for plagiarism. Please be aware that most, if not all, institutions of higher education do not accept plagiarism among their students – including on SAGrader.

If you are enrolled at your institution in more than one course that requires the use of SAGrader at the same time, you must purchase access using one of the two methods described above for each and every separate course, which may or may not be priced differently. Please be aware that prices for access are evaluated at the end of of each academic year (typically at the end of May) and are subject to change.

When you are signing up for a student account, you must use your institution-provided email address (for example: [email protected]). Doing this helps ensure that access to your SAGrader account is more secure, and your institution might require it. We cannot change the email address associated with your account, so please verify that you entered it in correctly before redeeming an enrollment code or purchasing access through the Web site.

Enrollment codes can be used one time only and are specific to a course, but can usually be used for any section in that course. There is often more than one section per course at most institutions using SAGrader; often, the names of sections are very similar and are specified by someone at your institution. So, please be careful and choose the correct section. If you enrolled in the incorrect section, please contact the Support Team at Idea Works, or use the "switch section" feature in SAGrader (if available). Attempting to use a previously redeemed enrollment code is a violation of this agreement. You may not copy, distribute, or re-sell your enrollment code. If you attempt to copy, forge, or otherwise fake an enrollment code, you will be permanently banned from SAGrader, your account will be suspended (logins and grades will be made unavailable), and you may face criminal and civil penalties.

Refunds: You may be granted a refund for access if following conditions are met (at the discretion of Idea Works Support staff: 1) you did not submit any responses to any of the questions, and 2) you have dropped, withdrawn, or otherwise officially disenrolled (and will not get a grade) from that course at your institution. Idea Works Support staff may require confirmation from your instructor(s). If they aren't able to confirm, you may ask your institutional registrar or the equivalent of a registrar to confirm that you have dropped, withdrawn, or have otherwise disenrolled from the course at your institution within two weeks (fourteen days) from when you purchased access through the SAGrader Web site. If you have submitted any of the questions in the section in which you are enrolled in SAGrader, you will not receive a refund.

While we try to be as understanding as possible, we have to be fair and consistent; this means under no circumstances do we offer refunds if you have submitted to SAGrader, or if the semester is over at your institution at the time of your request.

Note: we can only refund payments made through SAGrader's Web site. We cannot refund the purchase of an enrollment code bought through a textbook distributor, bookstore, or any third-party retailer. Further, the time it takes for a refund to be processed depends almost entirely upon the rules of your financial institution, the card processing companies involved in the transaction, and any state or federal financial regulations regarding the transferring of funds; our company can issue a refund within seconds of our approval, but it can take several days for the refund to be finalized by your financial institution. We are not responsible for the funds after the issuance of a refund.

Service and Account Suspension: Idea Works reserves the rights to withhold service from anyone who violates the terms of this Agreement. Abusing the SAGrader system by using any form of computer automation to submit assignments, submitting inappropriately large amounts of text (for example, trying to "trick" the system into assigning a better grade by copying several articles from Wikipedia or other sources on the internet), or similar activities is grounds for immediate and permanent suspension of your account. Your account may be reinstated, after Idea Works deliberates whether or not to do so with your instructor or institution, and the final decision rests with Idea Works. The examples previously described should not be considered as the only ways of abusing or otherwise causing harm to the SAGrader system, as the ways in which computer and software systems can be abused are likely innumerable.

Miscellaneous: Idea Works disclaims all warranties and representations, whether expressed or implied and shall not be liable to you nor any third party for any direct, indirect, special, incidental, punitive, cover, or consequential damages, including but not limited to, damages for the inability to use equipment or system, or access data arising out of the use of, or inability to use, the software or systems based on any theory of liability including breach of contract, breach of warranty, torts excluding and including negligence, product or service liability or otherwise, even if Idea Works or its representatives or agents have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. Idea Works' total liability to you or third parties for actual damages caused whatsoever shall be limited to the amount paid by you for accessing the software that caused such damages. The forgoing limitations on liability are intended to apply to the warranties and disclaimers above and all other aspects of these terms and this Agreement.

These terms contain the complete agreement between the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the software licensed hereunder shall be of no effect. The failure or delay of Idea Works to exercise any of its rights under this EULA and TOS or upon any breach of this EULA and TOS shall not be deemed a waiver of those rights or of the breach.

If any provision of these terms shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these terms will remain in full force and effect.

This Agreement is governed by and subject to the exclusive interpretation of the laws of the State of Missouri, and disagreements arising in or out of the use of SAGrader, in all circumstances and places, shall be subject to the exclusive jurisdiction of the courts sitting in the City of Columbia, Boone County, State of Missouri, and any US Federal courts if applicable. At the time of the publication of this Agreement, as Idea Works a Missouri corporation, this Agreement is only available in English. In the event Idea Works establishes foreign corporate subsidiaries or entities to conduct business as it sees fit, this Agreement, or any of its successors, will be made available in the common and/or legal language of the state or country in which that foreign entity or subsidiary resides.

This Agreement may be translated at the discretion of Idea Works for the purpose of better understanding among any English as a second language students or customers using SAGrader; in that event, the English version of this Agreement will be the governing and superseding agreement should there be any differences in meaning between the translation and the original in English.