Terms Of Use

These Terms of Use Were Modified on August 9, 2010.

The Ida C. Koran Trust (the “Trust,” “we,” “us,” and “our”), owns the Web site located at www.idakorantrust.org (this “Site”). This Site provides information about the Trust, including details on how you can seek financial assistance for unexpected hardships or academic purposes.

Effective Date:

This policy went into effect on August 9, 2010.

Your Consent

Please take a few minutes to review these Terms of Use before using this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Our Privacy Policy

Our Privacy Policy describes the personal information we collect when you and others use this Site, for example, by submitting a story about assistance the Trust has provided to you or by inquiring about applying for assistance. It also describes how we use the personal information you share with us and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. Please review our Privacy Policy before using this Site.

These Terms of Use May Change

We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise these Terms of Use. Accordingly, we reserve the right to update or modify these Terms of Use at any time, without prior notice, by posting the revised version of these Terms of Use behind the link marked “Terms of Use” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

For your convenience, whenever these Terms of Use are changed, we will alert you by posting a notice on our home page for sixty days. We will also update the “effective date” at the top of this page. If more than sixty days goes by between your visits to this Site, be sure you check the effective date to see if these Terms of Use have been revised since your last visit.

You may access the current version of these Terms of Use at any time by clicking the link marked “Terms of Use” at the bottom of each page of this Site.

Other Agreements

When you sign up to use specific functionality or a special feature of this Site, you may be asked to agree to special terms governing your use of that functionality or special feature. In such cases, you will be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement shall supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

Your Obligation to Provide Truthful Information

You may be asked to submit personal information to this Site. For example, if you use this Site to inquire about your eligibility for financial assistance from the Trust, you will be asked to provide your name and contact information, as well as a description of the financial difficulty you face. You may also include personal information in any story you submit through this Site about assistance you or someone you know has received from the Trust. If you submit personal information to the Trust through this Site, the information you submit must be true, accurate, current, and complete.

Recipient Stories

This Site invites individuals who have received financial assistance from the Trust to submit a story about how they benefitted from that assistance. The stories you submit are reviewed by the Trust administrator (and in some cases the trustees) and may subsequently be posted on this Site. In submitting a story, please keep the following in mind:

Restrictions on Stories. You may not submit any story on or through this Site that

• violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
• is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically or otherwise objectionable or offensive; inappropriate; or inflammatory;
• you know (or reasonably should know) is false, deceptive or misleading;
• contains information that could be used for identity theft purposes, such social security numbers, credit card, bank account or other financial information, driver’s license numbers, security codes or passwords;
• contains “private” or “sensitive” information about any other individual, such as information about that person’s sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, physical or mental health conditions, or other sensitive matters, without first obtaining that person’s express permission;
• contains the image, name, or likeness of anyone other than yourself, unless that person is over eighteen and you have first obtained that individual’s express permission;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions;
• encourages others to violate these Terms of Use;
• violates any applicable local, state, national, or international law; or
• is inconsistent with the values or the spirit of the Trust.

Responsibility for Stories. By submitting a story through this Site, you represent and warrant that (1) you own or otherwise control all of the rights to the story you submit; (2) the story you submit is accurate, and (3) you are at least eighteen years old and you have read and understood—and your story fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

You are legally responsible for the content of any story you submit on or through this Site. If any part of your story is not your original work, it is your responsibility to obtain permission from the copyright owner before you submit your story.

Failure to comply with these Terms of Use may expose you to liability to the Trust and liability to individuals or legal entities whose copyrights or other rights have been violated.

Ownership of Stories. If a story is your original work, then you own the copyright in that work and you do not forfeit that ownership interest by submitting the story to the Trust through this Site.

However, by submitting a story to the Trust through this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that story in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with the story, if we choose to do so.

Ownership of Site and Its Content

Ownership of This Site. This Site, including all of the software and code comprising or used to operate this Site and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site (collectively, “Content”), is owned by the Trust or by third parties who have licensed their rights to the Trust. No right, title or interest in this Site or any Content is transferred to you under these Terms of Use.

Copyrights. As between you and the Trust, the Trust and its licensors own and reserve the copyrights in this Site, including all of its Content, except that you own the copyright in any story that you submit to the Trust and that is subsequently posted to this Site.

Copyright License. We hereby grant you a limited license to access and use this Site and to download and print copies of any Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark, or other proprietary notices from such Content. The foregoing license is subject to our Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content, in whole or in part, by any means, except as expressly set forth in our Terms of Use, unless you first obtain our written permission.

Trademarks. All trade names, trademarks and service marks displayed on this Site are the registered or unregistered trademarks of the Trust, or its licensors, or other third parties (collectively, the “Trademarks”) and are protected by U.S. and international trademark laws and treaties. You may not use any Trademarks displayed on this Site without the prior express written permission of the Trust or the trademark owner.

Other Restrictions on Your Use of this Site

You may not use this Site

• to access (or attempt to access) areas or features of this Site for which you do not have the proper authorization;
• to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
• in a manner that violates any national, state, local or international law, rule or regulation;
• for any commercial purpose, including to advertise, promote or sell products or services;
• to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
• in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support this Site;
• to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
• in a manner that we determine, in our sole discretion, restricts or inhibits any other user from using or enjoying this Site.

Removal of Content

In General. If you would like us to remove any Content from this Site for any reason, please notify us by e-mail at Sue@idakorantrust.org or by phone at 651.293.2392. While we do not have any obligation to remove Content merely because of a removal request, the Trust will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with our Terms of Use (including our Privacy Policy) and applicable law. If you are requesting removal of Content because of a violation of your copyrights, please follow the procedure described in the “Violation of Copyrights/Copyright Agent” paragraph below.

Violation of Copyrights/Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are the copyright owner (or are authorized to act on behalf of the copyright owner), please notify our Copyright Agent immediately of any copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

• a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been infringed, a representative list);
• a description of the material you believe is infringing or the subject of infringing activity, together with enough information to permit us to locate the material;
• enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
• a statement that you have a good-faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”),
• an agent for the copyright owner, or by law;
• a statement that all of the information you have provided is accurate; and
• a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Your notice must be signed (physically or electronically) and must be addressed as follows:

Sue Mortensen, Trust Administrator
Ida C. Koran Trust
c/o Ecolab Inc.
370 Wabasha St N
St. Paul, MN 55102

Phone: 651.293.2392
Fax: 651.452.0485
E-mail: Sue@idakorantrust.org

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Trust actual knowledge of facts or circumstances from which infringing material or acts are evident.

Right to Modify or Discontinue Site

The Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice. The Trust shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site.

Links to Other Sites

This Site may provide links to other Web sites operated by third parties. Because we have no control over third-party Web sites, we are not responsible for the availability of those Web sites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such Web sites. The Trust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such Web sites. These Terms of Use do not apply to your use of third-party Web sites; your use of such Web sites is subject to the terms and policies of the owner of such Web sites.

Disclaimer of Warranties

THE TRUST MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THIS SITE, ANY CONTENT ON THIS SITE, OR ANY PRODUCT OR SERVICE PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON–INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE TRUST DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, CORRECTNESS, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THIS SITE. THE TRUST DOES NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY USERS, AND STORIES BY AWARD RECIPIENTS DO NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF THE TRUST.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY STATUTORY RIGHTS TO WHICH YOU MAY BE ENTITLED AS A CONSUMER TO THE EXTENT YOUR ABILITY TO ALTER OR WAIVE SUCH RIGHTS BY CONTRACT IS LIMITED BY APPLICABLE LAW.

Limitations Of Liability

UNDER NO CIRCUMSTANCES, SHALL THE TRUST, OR ITS ADMINISTRATORS, TRUSTEES, SPONSORS, LICENSORS, OR SERVICE PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ITS CONTENT, ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE, OR YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING ANY LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE TRUST OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TRUST, ITS ADMINISTRATORS, TRUSTEES, SPONSORS, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.

Children Under the Age of Thirteen

We are proud of this Site and we strive to ensure that it does not offend people of any age. However, this Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through this Site without the consent and supervision of a parent or guardian, please contact us by e-mail at Sue@idakorantrust.org or by phone at 651.293.2392 so that we can take appropriate action.

Choice of Law, Jurisdiction and Venue

These Terms of Use and the relationship between you and the Trust shall be governed by and construed in accordance with the federal laws of the United States of America and the internal laws of the State of Minnesota, U.S.A., excluding conflict of laws provisions that would indicate the application of the laws of any other jurisdiction. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THIS SITE OR THESE TERMS OF USE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN RAMSEY COUNTY, MINNESOTA, U.S.A. YOU AND THE TRUST IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS. You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. If the courts of the country in which you reside should determine that the provisions of this paragraph are not enforceable, then you agree to submit to binding arbitration.

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 this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

As used in these Terms of Use, the term “including” means “including, but not limited to.” Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed in ink by the party to be bound. Unless the written waiver contains an express statement to the contrary, no waiver of any breach of any provision of these Terms of Use or of any right provided for herein shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, and the court shall substitute for such provision the valid and enforceable provision that most closely approximates the intent and economic effect of such provision. The remaining provisions of these Terms of Use shall remain in full force and effect.

These Terms of Use set forth the entire understanding and agreement between us and supercede all prior understandings and agreements between you and the Trust with respect to the subject matter hereof.

These Terms of Use may be amended only as set forth above in these Terms of Use.

Contact Us

If you have any questions or concerns regarding this Policy, please contact us by telephone, e-mail, fax or postal mail:

Ida C. Koran Trust
c/o Ecolab Inc.
370 Wabasha St N
St. Paul, MN 55102

Phone: 651.293.2392
Fax: 651.452.0485
E-mail: Sue@idakorantrust.org