Terms of Use

Cuyahoga County Board of Health (“CCBH”) is the owner of a number of trademarks, service marks and logos for its FEED OUR FUTURE™ program, including without limitation the names FEED OUR FUTURE™ and LOCAL FOODS FOR GROWING MINDS™, the FEED OUR FUTURE™ logo (Primary Lock-Up and Secondary Lock-Up, both as set forth in the FEED OUR FUTURE™ Brand Guidelines), all of the symbols associated with the FEED OUR FUTURE™ logos (as set forth in the FEED OUR FUTURE™ Brand Guidelines) and the FEED OUR FUTURE™ Official Partner Seal (as set forth in the FEED OUR FUTURE™ Brand Guidelines (collectively referred to herein as the FEED OUR FUTURE™ brand.  Your use of the FEED OUR FUTURE™ brand and the FEED OUR FUTURE™ Website (www.feedourfuture.org) is subject to these Terms of Use, the FEED OUR FUTURE™ Brand Guidelines and all applicable laws and regulations.  By using the FEED OUR FUTURE™ brand, you accept, without limitation or qualification, these Terms of Use and the terms, conditions and usage guidelines set forth in the FEED OUR FUTURE™ Brand Guidelines.  If you do not agree to be bound by these Terms of Use and the FEED OUR FUTURE™ Brand Guidelines, you should not participate in the FEED OUR FUTURE™ program and/or use the FEED OUR FUTURE™ brand.

Permitted Use.  You agree that your use of the FEED OUR FUTURE™ brand is a royalty free, non-exclusive, non-transferable right to use the FEED OUR FUTURE™ brand solely in connection with the FEED OUR FUTURE™ program, mission, vision and belief statement(s) (as set forth in the FEED OUR FUTURE™ Brand Guidelines and the FEED OUR FUTURE™ Website) and in no other way.  All uses of the FEED OUR FUTURE™ brand shall be subject to the express approval of the FEED OUR FUTURE™ program directors and/or CCBH.  CCBH does not endorse or warrant your activities, services, products or business practices.  You may not use the FEED OUR FUTURE™ brand for commercial purposes, to promote stores, products, services or sponsors selling their products or promoting their events, or in any way that implies or expresses an endorsement, warranty or guarantee by CCBH of you and/or your organizations, goods, services, business practices, projects, products, persons, causes, matters or any other activities.   

Ownership of Intellectual Property.  You acknowledge the validity of the FEED OUR FUTURE™ brand and that CCBH is the sole owner of all proprietary and intellectual property rights associated with and to the FEED OUR FUTURE™ brand (whether registered or unregistered) and that CCBH has reserved, and does hereby reserve, exclusive rights in and to the same.  You agree not to contest the validity or perform any act or omission adverse to CCBH’s exclusive rights in the FEED OUR FUTURE™ brand, and agree that any uses thereof by you shall inure to the sole benefit of CCBH.  Notwithstanding anything to the contrary set forth herein or in any other document, CCBH reserves all rights of copyright, trademark or other protection of the FEED OUR FUTURE™ brand.  No ownership rights or any other interest in and to the FEED OUR FUTURE™ brand may be implied or obtained by you by using the FEED OUR FUTURE™ brand.  It is understood by you that CCBH confers only a permission, uncoupled with an interest, to use the FEED OUR FUTURE™ brand as specified in these Terms of Use and the FEED OUR FUTURE™ Brand Guidelines.  You further agree to include all appropriate intellectual property notices any time you use the FEED OUR FUTURE™ brand.

Control by CCBH. You have or will provide CCBH with a sample of how you intend to use the FEED OUR FUTURE™ brand so that CCBH can inspect and approve your intended use.  You agree that you will not materially modify an approved use without subsequent approval in order to ensure that quality is being maintained.  If any infringement or imitation by others of the FEED OUR FUTURE™ brand comes to your attention, you agree to promptly notify CCBH of such infringement or imitation.  CCBH shall have the sole right, in its discretion, to determine whether or not any action shall be taken on account of any such infringement or imitation.

Representations and Warranties. You hereby acknowledge the excellent reputation and goodwill enjoyed by CCBH for the FEED OUR FUTURE™ brand and program and warrant and represent that you will not use the FEED OUR FUTURE™ brand in a way that could adversely affect, damage or injure CCBH’s reputation or diminish the distinctive value of the FEED OUR FUTURE™ brand and program.  CCBH may terminate your permitted use of the FEED OUR FUTURE™ brand at any time if, in CCBH’s sole discretion, you have or will cause damage to CCBH’s reputation and/or the FEED OUR FUTURE™ program and/or diminish the distinctive value of the FEED OUR FUTURE™ brand and/or program.

Accuracy. While CCBH uses commercially reasonable efforts to include accurate and up to date information in its FEED OUR FUTURE™ Website, CCBH makes no warranties or representations as to its accuracy. In addition, CCBH assumes no liability or responsibility for any errors or omissions in the content of its FEED OUR FUTURE™ Website.

Limitation of Liability. Neither CCBH nor any other party involved in creating, producing or delivering the FEED OUR FUTURE™ brand or the contents of the FEED OUR FUTURE™ Website is liable under any circumstances for lost profits, lost business, loss of business reputation, or any direct, indirect, incidental, special, punitive or consequential damages, whether foreseeable or not, that result in any way from your use or non-use of the FEED OUR FUTURE™ brand and/or the FEED OUR FUTURE™ Website or reliance upon information contained on the FEED OUR FUTURE™ Website, or that result from mistakes, omissions, interruptions or deletions of files, errors or defects in the FEED OUR FUTURE™ Website, or delays in operation, transmission or failure of performance. If you are dissatisfied with the FEED OUR FUTURE™ brand and/or the FEED OUR FUTURE™ Website, your sole and exclusive remedy is to discontinue using them. CCBH and the FEED OUR FUTURE™ program shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness or correct sequencing of information contained on the FEED OUR FUTURE™ Website, for any decision made or action taken by you in reliance upon information contained on the FEED OUR FUTURE™ Website or for interruption of any data, information or other aspect of the FEED OUR FUTURE™ Website.

Disclaimers. You agree and acknowledge that the FEED OUR FUTURE™ brand and all content on the FEED OUR FUTURE™ Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Termination.  Your permitted use of the FEED OUR FUTURE™ brand may be terminated in whole or in part by CCBH at any time for the convenience of CCBH without penalty or recourse.  If CCBH terminates your permitted use of the FEED OUR FUTURE™ brand for any reason, you agree to immediately cease and desist all use of the FEED OUR FUTURE™ brand and any other mark, name, design or image that incorporates a substantial or distinctive part of the FEED OUR FUTURE™ brand, or any other mark, name, design or image that is confusingly similar to the FEED OUR FUTURE™ brand.

Indemnity. You agree to indemnify, defend, and hold harmless CCBH and its officers, directors, shareholders, members, agents, representatives, employees, successors and assigns for, from and against any and all expenses, damages, proceedings, direct or consequential claims, liabilities, suits, actions, causes of action of any character or nature, loss of income, penalties, fines, judgments or costs whatsoever (including all attorneys' fees) which CCBH may incur, suffer or be required to pay by reason of, arising or growing out of your use of the FEED OUR FUTURE™ brand and/or the FEED OUR FUTURE™ Website (including your use of the FEED OUR FUTURE™ Website to link to or from third party sites and/or to download content or other information) and/or your performance or breach of your obligations.

Relationship.   CCBH and you are separate and independent parties and nothing contained herein shall be deemed to create a joint venture, association, partnership, agency or employment relationship between CCBH and you.  You do not have the power to act in the name of, on behalf of, or incur obligations binding upon CCBH.  You are not authorized to use the FEED OUR FUTURE™ brand in a manner that shall in any way imply or express an endorsement, warranty or guarantee by CCBH of you, your business practices, projects, products, services, causes, matters or other activity.

Governing Law.  These Terms of Use shall be construed in accordance with the laws of the State of Ohio, entirely independent of the forum in which these Terms of Use or any part of them may come up for construction, representation or enforcement.

Severability. If any portion of these Terms of Use is held to be unenforceable, the unenforceable portion shall be deleted and the remainder of the provisions shall remain in full force and effect.

No Waiver. CCBH’s failure to insist upon or enforce strict performance of any provision of these Terms of Use and/or the FEED OUR FUTURE™ Brand Guidelines shall not be construed as a waiver of any provision or right.

Modifications to Terms of Use. These Terms of Use and the FEED OUR FUTURE™ Brand Guidelines contain the entire agreement between CCBH and you with respect to the subject matter hereof and there are no other agreements, understandings, representations or warranties between us.  CCBH reserves the right, in its sole discretion, to change, modify, add to or remove these Terms of Use and/or the FEED OUR FUTURE™ Brand Guidelines in whole or in part at any time. You are bound by any such revisions and should periodically visit the FEED OUR FUTURE™ Website to review the then current Terms of Use and FEED OUR FUTURE™ Brand Guidelines to which you are bound.