FRV TeRMS & COnDITIONS

TERMS AND CONDITIONS OF

FOOD RECOVERY VERIFIED PROGRAM

Submission of an application to the Food Recovery Verified program binds the applicant to the following terms and conditions:

Representations

The applicant represents that all of the information that it has entered in its application is true and correct to the best of its knowledge.

Term of Verification

The applicant’s application will be reviewed by Food Recovery Network, Inc. (“Food Recovery Network”) in its sole discretion. Verification is not effective until Food Recovery Network has notified the applicant that the verification has been approved and, .  once an applicant has been notified by Food Recovery Network that the verification has been approved, the applicant will become a Verified Business and the verification will be valid through the end of the month one year after the date of approval.  For example, if the verification is approved on January 10, 2016, the verification is valid through January 31, 2017.  Verified Businesses must reapply for verification on an annual basis.    

Intellectual Property

  1. The Verified Business acknowledges that Food Recovery Network, Inc. owns all right, title and interest in the word mark FOOD RECOVERY VERIFIED and the FOOD RECOVERY VERIFIED logo depicted below (the “Marks”), including all common law rights thereto and the goodwill associated with the Marks.

FRV Terms Mark.png
  1. Food Recovery Network grants to the Verified Business a limited, non-exclusive, non-transferable, revocable, non-sublicensable, royalty-free license during the term of this Agreement to display a window sticker depicting the Marks at the Verified Business’ place of business and/or to display a digital version of any of the Marks on the Verified Business’ website during the term of the verification, in each case for the sole purpose of expressing the fact that the Verified Business recovers food to a local 501(c)(3) non-profit organization.  
  2. The Verified Business agrees and acknowledges that any use of the Marks by the Verified Business and any goodwill associated with such use shall inure exclusively to the benefit of Food Recovery Network.  The Verified Business shall not, directly or indirectly, attack or contest the validity, ownership or use of the Marks or Food Recovery Network’s rights in the Marks or register or attempt to register the Marks or any confusingly similar variation thereof in any jurisdiction during or following the term of the verification.  

  3. Verified Business’ display of the Marks will at all times conform to the style, format, layout and design of the Marks provided by Food Recovery Network, or as such may be revised or otherwise specified by Food Recovery Network at Food Recovery Network’s sole discretion. Food Recovery Network shall notify Verified Business of any change to the style, format, layout and design of the Marks via email at the address provided by Verified Business in the application. Verified Business shall ensure that all express and implied statements regarding Food Recovery Network or its services offered under the Marks shall be truthful and not misleading, and Verified Business shall not suggest any false association between Verified Business and Food Recovery Network.

  4. Food Recovery Network has the sole right to commence an action for infringement of the Marks against any third party, and to defend and settle any claims by third parties that the use of the Marks infringes or otherwise violates the rights of a third party.  Verified Business shall cooperate with Food Recovery Network’s requests for assistance and/or action in connection with any such actions and shall timely inform Food Recovery Network in writing of all instances of suspected infringement.

  5. Food Recovery Network may terminate this license for any or no reason by providing ten (10) days’ notice to the Verified Business to the email address provided by the Verified Business in the application. In the event of termination, the Verified Business shall immediately cease all use and/or display of the Marks.

Limitation of Liability

The Marks express the sole fact that a Verified Business recovers food to a local 501(c)(3) non-profit organization and does not certify that an organization has completed or adhered to the appropriate food safety and handling training/certifications/requirements; nor does it speak to the quality of food prepared, provided and/or served by the Verified Business.  Food Recovery Network is not and shall not be liable for any issues arising from any food product prepared, provided and/or served by the Verified Business.

The Verified Business will indemnify, defend and hold harmless Food Recovery Network, its subsidiaries and chapters, and any or all of their directors, officers, employees, volunteers, and agents, from and against any and all liabilities, claims, demands, suits, losses, damages, costs and expenses, including reasonable attorneys’ fees or bodily injury to, or death of any person (including injury or death of Verified Business’ employees, volunteers, patrons, or otherwise) and for damage to or destruction of any property caused by any negligence, or intentional misconduct on the part of the Verified Business.

Release

The Verified Business agrees that Food Recovery Network may share any and all information it collects about the Verified Business in the verification application form for promotional purposes on Food Recovery Network’s website, social media and other media sources.  

Modification

The Food Recovery Network reserves the right to amend or modify these Terms and Conditions at any time.  If any such amendment or modification is material, we will post notice of it on the Food Recovery Network’s home page.  Your access of the Food Recovery Network’s website and/or application for verification following any such amendment or modification shall be deemed your acceptance of any such amendment and modification.  You agree to review the Terms of Service periodically to be aware of such amendments and modifications.  


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