WalkSafe

WalkSafe® Intellectual Property Terms & Conditions of Use

The WalkSafe® program at the University of Miami Miller School of Medicine ("University") supports and encourages the dissemination and exchange of information for public benefit. The University owns all trademarks in the WalkSafe™ program and all copyrights in this document and in the WalkSafe™ program materials. The WalkSafe™ program has no objection to its own materials being reproduced or made available online or electronically, provided that (1) it is for your own personal, non-commercial use, or for use within your organization and (2) materials remain in their original, unaltered form and the WalkSafe™ program is recognized as the owner/creator. None of the materials contained in this document may be otherwise reproduced or used for commercial purposes without the written permission of the University. Use of these materials and this website will be subject to the terms and conditions contained herein.

Please note that the University's trademarks and copyrighted materials can only be used with the University's permission and with certain conditions in order to maintain their strength and quality. No advertising or marketing materials having or containing any reference to the University of Miami, or in which the University of Miami names are used, shall be used nor shall any other use of the University's faculty, student or employees' names, logos, or trademarks be made by you or anyone on University's behalf unless and until the same shall have first been submitted to and received the written approval from the Assistant Vice President of Business Services. All entities that choose to implement the WalkSafe™ program, other than as permitted herein, must contact the University to enter into a Licensing Agreement.

Disclaimer

The information presented here is distributed by the WalkSafe™ program as an information source only. With respect to information available from this website or toolkit or any other program materials, neither the University nor any of its officers, trustees, agents, employees, faculty, students, volunteers or the WalkSafe™ program makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, statements, representations or guarantees about the accuracy or completeness of - and you should not rely on - any information contained in this publication. UM makes no representations or warranties about use of the WalkSafe™ program. Accordingly, you acknowledge and agree that you shall use the program at your own risk and disclose to participants that their use is at their own risk. The UNIVERSITY, its officers, trustees, agents, employees, faculty, students, volunteers and The WalkSafe® program disclaim all responsibility for information contained in this document, SITE AND CONTAINED IN THE PROGRAM MATERIALS and all liability (including without limitation, liability in negligence) for all expenses, losses, damages and costs you may incur as a result of the information being inaccurate or incomplete in any way or for any reason. The UNIVERSITY, its officers, trustees, agents, employees, faculty, students, volunteers and the WalkSafe™ program disclaim all liability for any damages arising from your access to or use of any material or part thereof within this website or tookit and do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of information, apparatus, product, or process disclosed; nor represent that its use would not infringe privately owned rights. YOU AGREE TO NOTIFY THIRD PARTIES IN ADVANCE OF SHARING ANY MATERIAL FROM THIS SITE WITH THAT The UNIVERSITY, its officers, trustees, agents, employees, faculty, students, volunteers and the WalkSafe™ program disclaim all liability for any damages arising from THEIr access to or use of any material or part thereof within this website or toolkit and do not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of information, apparatus, product, or process disclosed; nor represent that THEIR use would not infringe privately owned rights.

This website may contain links to third party websites. These websites are managed by organizations, companies, or individuals that are not under University control. Access to any other website linked to the WalkSafe® website is at the user's own risk and the University is not responsible for the accuracy or reliability of any information, information collection practices, data, opinions, advice or statements made on these websites. The University provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. Once the user links to another website, the user is subject to the privacy policy of the new website, and the user should read that website's policies on privacy and information collection.

The WalkSafe™ Tool Kit is intended to expand the use of the WalkSafe® program across the country. The program offers its trademarked and copyrighted materials to organizations and entities interested in promoting pedestrian safety and health. The program is expanding to a national level and the use of WalkSafe® program materials is becoming more widespread because of the program's evidence-based approach. The University provides access to our educational materials at no cost and promotional items at minimal cost in order to encourage affordable usage of the program.

Additional Terms and Conditions:

TERMINATION. This Agreement may be terminated at any time by either Party, with or without cause, with at least thirty (10) days advance written notice of such termination to the other party.

OWNERSHIP OF MARK AND COPYRIGHTS. You acknowledge and agree that Univesrity owns, and shall own, all right, title and interest worldwide to the above-referenced MARK and COPYRIGHTS, and that University shall have the sole right to register the MARK and COPYRIGHTS in any country and/or anywhere in the United States of America. You acknowledge and agree that all use of the MARK and COPYRIGHTS by You shall inure to the benefit of University.

TRADEMARK AND COPYRIGHT INFRINGEMENT PROCEEDINGS. University shall have the sole discretion to initiate and conduct infringement proceedings or other proceedings involving the MARK and/or COPYRIGHTS, and You shall reasonably assist and provide University with information for any such proceedings, if necessary.

TRADEMARK AND COPYRIGHT QUALITY CONTROL. As University and You hereby acknowledge, U.S. and international trademark laws require that the trademark owner (University) maintain quality control of its licensed MARK; otherwise, the trademark owner (University) risks losing the rights to its MARK. In keeping with the trademark quality control requirements of the U.S. and international trademark laws, You agree that the trademarked goods/services covered by this Agreement shall be of high standard, style, appearance and quality and to be adequate and suited to their exploitation to the best advantage and to the protection and enhancement of the MARK and the goodwill pertaining thereto; that such goods/services will be designed, manufactured, sold and distributed in accordance with all applicable federal, state and local laws; and that the policy of sale, distribution and/or exploitation by You of such goods/services shall be of the highest standards and that the same shall in no manner reflect adversely upon University or the MARK. In addition, You shall, before selling or distributing goods/services or items bearing or used in connection with the MARK, furnish to University free of cost for its approval, a reasonable number of samples of the goods or description of services and other items that bear the MARK (but University realizes that all WalkSafe™ promotional items shall be obtained from University; consequently, You need not supply samples of those promotional items to University).

AGREEMENT TO REPORT USE OF MATERIALS. You acknowledge and agree to submit a Curriculum Completion Form via the WalkSafe™ website, www.walksafe.us, following implementation of the WalkSafe™ educational component (three-day curriculum) at your school. This form shall be completed and submitted annually, as applicable, by a school representative within one month of implementation at the school.

ASSIGNMENT AND SUBLICENSE. This Agreement and all rights and duties hereunder are personal to You, and they shall not, without the written consent of University, be assigned, transferred, mortgaged, sublicensed or otherwise encumbered by You or by operation of law.

INDEMNIFICATION. University assumes no liability to You or to third parties with respect to the goods/services designed, manufactured, distributed or sold by You involving the MARK or COPYRIGHTS. You shall indemnify the University for any claims arising from Your use of the MARK or COPYRIGHTS.

NO WARRANTIES. University warrants that it is the owner of the entire right, title and interest to the MARK and COPYRIGHTS. University makes no other warranties, either express or implied, with respect to the MARK and COPYRIGHTS.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all oral or written agreements between the parties concerning the MARK and COPYRIGHTS. This Agreement may not be modified except in a writing signed by both parties.

INTERPRETATION OF AGREEMENT. This Agreement shall be governed and construed in accordance with the laws of Florida. University and You hereby consent to jurisdiction and venue in the courts sitting in Miami-Dade County, Florida.

RELATIONSHIP. Neither this Agreement, nor any terms or conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship, or as granting a franchise.

FOR MORE INFORMATION, please contact us at:

1095 NW 14th Terrace
Miami, FL 33136
Phone: 305-243-8115
Fax: 305-243-8114
Email: info@walksafe.us
Website: www.walksafe.us

The WalkSafe program is part of: