The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
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Spinal Reflex Institute Intl. LLC reserves the right to modify the terms and conditions at it's sole discretion.
- Copyright
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Usage Policy and Copyright/Trademark Infringement
The direct costs of copyright infringement to any Licensee or Third Party obtaining or distributing the Product and/or Product Documentation in any and all forms, in direct violation of this agreement, shall be aware that:
The Product and Product Documentation is “registered” copyright and any violation of copyright law and International Agreement, inclusive of, but not limited to the terms of this Agreement, may result in significant monetary losses and fines to the Licensee and will include all attorneys’ fees, all filing and court costs, all monies owed to Spinal Reflex Institute, International, LLC and L.F.J., LLC for all direct and indirect monetary and physical property and any and all other losses and damages incurred by the copyright holder and paid by the party in violation.
- Any Licensee and/or Third Party offering the material will be subject to State, Federal and International Copyright and Trademark Law and will be prosecuted to the full extent of said laws governing the rights of the creator, designer and producer of said material and will be banned from any and all further access to SRA/SRT materials, Training and Certification.
- Any Licensee and/or Third Party offering the material will be directly invoiced and liable for accruing interest and liens on all monetary and other losses and gains from the use or dissemination of the material offered or transferred in violation of the terms of this Agreement and all Registered Copyright law.
- Other monetary claims may be made to the Licensee and third parties for any and all detrimental or slanderous messaging, media or conveyance in any and all forms toward, but not limited to the violated party(s) developing, maintaining and/or distributing the Product.
Additional Potential Losses to the Licensee and other Parties Involved in Copyright Infringement and Misapplication of this Product
- Poor, insufficient, or partial knowledge without adequate training and standards, places any violator in a position of civil and legal liability and the public in a position of heightened risk. Spinal Reflex Institute, International, LLC and L.F.J., LLC, its owners, members, affiliates, employees, providers and shareholders shall not be held liable for the misuse or misapplication of said information or Product.
- Unfair financial burden on the Provider or Licensee, who sought, paid for and studied for educational advancement while the violator seeks free access through copyright infringement.
- Current and future restriction from access to any and all SRA, SRT or other products, educational materials, CECs, training and/or Certification.
Copyright Notice
- By using this material, you agree and abide by the full terms of this agreement. The following is illustrative of legal rights of the producer(s) of said information and the responsibility of the recipient(s) of said information.
- All of the product names and registered designs referred to in this material are registered trademarks or proprietary names even though specific reference to this fact is not always made in the text.
- Additionally, all material presented is registered copyright. Therefore, the appearance of a name, an assessment protocol, a diagnostic protocol, a procedure, or clinical and educational material without designation as proprietary is not to be construed as a representation by the publishers that it is in the public domain. All rights, including the rights of publication, distribution and sales, as well as the right to translation into any, and all languages inclusive of English, are reserved. No part of this work covered by the registered copyrights and trademarks hereon may be reproduced or copied in any form or by any means whatsoever without the written permission of publishers.
- Violation of a registered copyright and/or trademarks allow for full recourse inclusive of, but not limited to, attorney’s fees and statutory damages.
- Every user of the information provided in the following material is required to utilize appropriate and professional clinical skills and necessary education in the dissemination and utilization of said material. The authors, editors, contributors, instructors, and publishers cannot be held liable for the application of said material in that the material presented in this text and its parent and subservient publications is specifically provided for the exclusive education of the reader only. Application of the stated material and subsequent effects and outcomes are the sole responsibility of the practitioner utilizing said material in a non-clinical and clinical environment.
- Use Of Site
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Terms of Product Usage or Licensing
- This “Product” (Spinal Reflex Therapy Integrated Learning System), software, text, audio and video files and/or any and all content constituting said Product offered by Spinal Reflex Institute, International, LLC and LFJ, LLC, herein after referred to as “Product”, is protected by U. S. Federal and International Copyright and Trademark Law. Spinal Reflex Institute, International, LLC and L.F.J., LLC retain the title to and ownership of the Product in its entirety. The consumer, herein after referred to as “Licensee” of said Product is Licensed to use this Product based on the following terms and conditions. By accessing any portion of it, you acknowledge and agree, in full, to be bound by the following terms:
- Every user or Licensee of the information provided in the following material to include, but not limited to SRA/SRT software, is requested to utilize appropriate and professional clinical skills and education in the dissemination and utilization of said material. The authors, editors, contributors, instructors, and publishers cannot be held liable for the application of said material in that the material presented in this text and its parent and subservient publications is specifically provided for the exclusive education of the reader.
- Appropriate and professional application of this material within your specific scope of practice is the sole responsibility of the practitioner utilizing said material in a clinical or professional environment.
Product License
- The Licensee is defined as the individual or company utilizing the Product, who has purchased same and received any or all materials not limited to, but including an officially watermarked copy stating Licensee’s name and identification number. Watermark and additional technologies allow the digital detection of all copies in use and verification of valid licensure. Any copies obtained or distributed without official Watermarking, modified watermark or watermarked with a different Licensee name and/or number will constitute breech of License and willful copyright infringement. All involved parties to such act(s) will be prosecuted to the full extent of the law. Spinal Reflex Institute, International, LLC and L.F.J., LLC hereby grant the Licensee a nonexclusive License authorizing the Licensee to use the enclosed Product on one CPU at a time. You must contact, request and purchase Licensure for the use of said Product on additional CPUs through Spinal Reflex Institute, International, LLC and/or L.F.J., LLC. Use of this Product by more than one individual or by anyone other than the Licensee terminates, without notification, this License and the right to use this Product and subjects the Licensee to full enforcement of any and all legal liability stated or implied in State, Federal and International Law.
You May Not
- Distribute, rent, sub-License or otherwise make available to others the Product, or Product Documentation, or copies thereof, except as expressly permitted in this License Agreement, without prior written consent from Spinal Reflex Institute, International, LLC and L.F.J., LLC. In the case of a Spinal Reflex Institute, International, LLC and/or L.F.J., LLC authorized transfer; the transferee must agree to be bound by the terms and conditions of this License Agreement.
- All material is Registered Copyright and any infringements of that copyright are federal and/or international violations and are subject to all applicable laws. Any violation as such may result in, but is not limited to, monetary damages, civil and criminal prosecution and all U.S. and International attorney and legal fees.
Restrictions
- You may use this Product for Professional purposes only and within your business as long as:
- The Product/Software serial number and the Licensee are legally registered with Spinal Reflex Institute, International, LLC and L.F.J., LLC.
- The Licensee or any Third Party does not remove any proprietary notices, labels or trademarks on the Product or Product Documentation.
- The Licensee or any Third Party does not modify, de-compile, disassemble, reverse engineer or translate any part of this Product and that the software or any other party does not notify Spinal Reflex Institute, Intl. LLC of such illegal use.
Term
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You may terminate your License at any time by showing proof of destruction of all copies of the Product and Product Documentation. Product Licensure will terminate automatically if you fail to comply with any and all terms or conditions outlined in this Agreement. Destruction of this Product does not relieve the original party from the same legal terms and liabilities as defined in this Agreement nor entitle you to refund, reimbursement or compensation monetarily or otherwise; in perpetuity.
This Product is sold “as is” without any warranty as to performance, merchantability or fitness for any particular purpose. The Licensee assumes the entire risk as to the quality and performance of the Product. Spinal Reflex Institute, International, LLC and L.F.J., LLC warrants that the diskettes or other data storage media on which the Program may be furnished will be free from any defects in materials excluding any and all Third Party distribution media and protocols. Exclusive remedy in the event of a defect in data storage media distribution as outlined above shall be expressly limited to the replacement of said diskettes and/or data storage media only. - In no event shall Spinal Reflex Institute, International, LLC and L.F.J., LLC or anyone else who Is, or has been involved in the creation, development, production or delivery of this Product be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the Licensees purchase and utilization of this Product, or arising out of any breach of warranty. It shall be recognized and acknowledged by the Licensee that the Licensee is confined to the rules and regulations of their training and profession to assess and minimize risk to the client or patient and that the Licensee shall agree that including, but not limited to Spinal Reflex Institute, International, LLC and L.F.J., LLC, its members, assignees, employees, contracted service providers or anyone else who is or has been involved in the creation, development, production or delivery of this Product shall not be liable in any form or fashion for the improper interpretation, application or utilization of said content in the assessment, diagnosis or treatment of any and all individuals under all circumstances by the Licensee.
US Government and International Restricted Software Rights
- Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under DFARS 252.227-7013 or in FARS 52.227-19 Commercial Computer Software -Restricted Rights. The same legal rights are afforded through International Treaty Agreements.
REMEDIATION CLAUSE
AGREEMENT TO SALE/PURCHASE OF PRODUCTS AND/OR SERVICESThis Agreement, and the rights and liabilities of the Parties with respect to this Agreement and its subject matter, shall be governed by the laws of the State of Colorado USA, without reference to the principles of conflicts of laws thereof. Any dispute arising out of or relating to this Agreement or its subject matter not settled by the Parties may be resolved only by the courts of the State of Colorado USA, or if subject matter jurisdiction exists, by the United States federal courts, with venue in the County of La Plata (in the case of state court) or in the U.S. District Court for the District of Colorado (in the case of federal court). Each of the Parties hereby consents to the jurisdiction of such courts over it in any action involving any such dispute. Each of the Parties agree not to commence or maintain a legal proceeding involving any such dispute in any forum except a court of the State of Colorado USA located in La Plata County or the United States District Court for the District of Colorado (other than to enforce a judgment obtained in such courts) and agrees not to contest the venue of any action involving any such dispute in the County of La Plata or the District of Colorado, as the case may be, nor to assert in any such court the doctrine of forum non conveniens, or the like.
DISPUTE RESOLUTION
Preamble
Any dispute arising out of or relating to this Agreement shall be resolved in accordance with the procedures specified in this Article, “AGREEMENT TO SALE/PURCHASE OF PRODUCTS AND/OR SERVICES”, which shall be the sole and exclusive procedures for the resolution of any such disputes.Negotiation
Any person may give the other party written notice of any dispute not resolved in the normal course of business. Within fifteen (15) days after delivery of the notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of that party's position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party and of any other person who will accompany the executive. Within thirty (30) days after delivery of the initial notice, the executives of both parties shall meet at a mutually acceptable time and place in Durango, Colorado USA and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All reasonable requests for information made by one party to the other will be honored.
All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence."Mediation
If the dispute has not been resolved by negotiation as provided herein within forty-five (45) days after delivery of the initial notice of negotiation, [or if the parties failed to meet within thirty (30) days after delivery], the parties shall endeavor to settle the dispute by mediation under the CPR Mediation Procedure then currently in effect, provided, however, that if one party fails to participate in the negotiation as provided herein, the other party can initiate mediation prior to the expiration of the forty-five (45) days. Unless otherwise agreed, the parties will select a mediator from the CPR Panels of Distinguished Neutrals.Arbitration
Any dispute arising out of or relating to this Contract, including the breach, termination or validity thereof, which has not been resolved by mediation as provided herein within forty-five (45) days after initiation of the mediation procedure, shall be finally resolved by arbitration in accordance with the CPR Rules for Non-Administered Arbitration then currently in effect, by three independent and impartial arbitrators, of whom each party shall designate one [provided, however, that if one party fails to participate in either the negotiation or mediation as agreed herein, the other party can commence arbitration prior to the expiration of the time periods set forth above.] The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court WITHIN THE State of Colorado, USA having jurisdiction thereof. The place of arbitration shall be Durango, Colorado.Litigation Clause
If the dispute has not been resolved by nonbinding means as provided herein within ninety (90) days of the initiation of such procedure, this Agreement does not preclude either party from initiating litigation [upon fifteen (15) days written notice to the other party]; provided, however, that if one party has requested the other to participate in a nonbinding procedure and the other has failed to participate, the requesting party may initiate litigation before expiration of the above period.Jurisdiction
The courts of the State of Colorado located in La Plata County shall have exclusive original jurisdiction over any dispute arising out of or relating to this Contract.MISCELLANEOUS PROVISIONS
Amendment
The parties agree that this Agreement shall not be modifiable except by its terms, or by operation of law, or by written agreement duly subscribed by the parties hereto.Construction
No provision of this Agreement shall be interpreted for or against any party hereto by reason that said party or his or her legal representative drafted all or any part hereof.Attorneys Fees
If either party should retain counsel for the purpose of enforcing or preventing the breach of any provision of this Agreement or for any other judicial remedy relating to this Agreement, the prevailing party in any such action shall be entitled to all reasonable attorney’s fees and costs incurred.Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Colorado.Notice
Notice shall be sufficient by deposit of a certified letter in the U. S. Mail addressed to the noticed party at the following addresses:Seller: Spinal Reflex Institute, Int. LLC
1401 Main Ave. Ste. B
Durango, CO 81301 USA
Buyer: As stated on Agreement and/or Product/Service Purchase Order.
- Consumer Agreement
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Payment Plans:
If I have chosen a payment plan option during this transaction, I understand and confirm that by clicking the Place Order button, I am legally entering into contract for the payment plan selected, in lieu of my signature, and that I authorize Spinal Reflex Institute, Intl. LLC (SRI, Intl. LLC) to automatically charge my Visa /MC /Disc used in this transaction, the balance of payments, once monthly on the numerical day of the month of this transaction, for the specified number of payments/months and agreed amounts stated on the payment plan option I have chosen, to complete my payment plan commitment for purchase of this Spinal Reflex Institute Intl. LLC course / product.To change the payment information or pay the entire balance, I will contact SRI Intl. LLC at least 5 business days prior to the next scheduled payment date and provide valid replacement payment information. I understand there will be no interest or fees charged as long as my account is kept current for each installment and/or paid in full prior to the current installment due date. Late payments will result in 8% annual interest charged on balance and a $25.00 late fee.
Should I be unable to attend, or SRI Intl. LLC cancel, the Workshop date / location as specified in this transaction, the payment plan will continue with the pre-arranged schedule and amounts. I will have up to 1 year from the date of the originally selected Workshop to select and attend another regularly scheduled Workshop.
Spinal Reflex Institute, Intl. LLC and LFJ, LLC Confirmation of Terms for Right to Use Material
By purchasing, using and/or registering for Program / Workshop, I agree to the following terms and that all materials and information provided hereunder are proprietary to the Spinal Reflex Institute, Intl. and LFJ, LLC. By participation in the program and in consideration of the receipt of materials and training, the undersigned participant acknowledges that all printed and/or visual materials are protected under U.S. copyright law; that Spinal Reflex Analysis, SRA, Spinal Reflex Institute, Intl.LLC, SRI, Intl, Spinal Reflex Therapy, SRT, TrueCore and 5MinuteBack, 5MB and any and all related logos and terms are trademarks of Spinal Reflex Institute, Intl. LLC and LFJ, LLC and that all information provided herein is considered to be valuable and confidential.All materials and information is provided only for the use of the participant and is not for general dissemination in any form or manner. Participant agrees not to copy, teach or disseminate any material or information provided hereunder without the express written consent of Spinal Reflex Institute, Intl. LLC and LFJ, LLC. Participant further agrees that any use of trademarks and copyrights related to Spinal Reflex Institute, Intl. LLC and LFJ, LLC shall only be with the written authorization and approval of Spinal Reflex Institute, Intl. LLC and LFJ, LLC.
- Shipping & Delivery
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Spinal Reflex Institute Intl. LLC ships via USPS Priority Mail to the US and most international destinations. Most orders are processed and downloadable (software only) on the same day (24 hrs) during regular business days. Allow 1 - 3 days for processing and download for orders placed on weekends and holidays.
- International
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Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.
Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. Spinal Reflex Institute Intl. LLC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. - Return Policy
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You may purchase merchandise from this Web site by using any one of the payment options listed during the check out process. Your purchase confirms your agreement to our complete terms and conditions. Spinal Reflex Institute, Intl. LLC reserves the right to change its payment procedures and refund policy at any time without prior written or verbal notice.
All SRI, Intl. LLC materials consist of post graduate educational and training products and services and are sold as complete packages to licensed health care providers only for the express purpose of “certification and credentialing” in Spinal Reflex TherapyTM, Spinal Reflex AnalysisTM, 5MinuteBackTM and/or any other products and services. It is your responsibility as a professional to read and understand our terms and conditions as you are making a professional business decision to invest in your practice, skill development and/or credentialing process and as such, said material is the exclusive intellectual property of SRI, Intl. LLC and you are purchasing the right to obtain, learn and utilize said information and products only.
In that once ordered, and/or purchased, obtained, personally identifiable watermark secured, observed or implemented by the purchaser; said material is rendered unusable by another and cannot be retrieved, removed or erased from your possession, or repackaged or resold as new and valid product to any other post graduate professional; said information, material, programs and/or systems of education cannot be returned to SRI, Intl. LLC or refunded in part or whole.
Therefore, all products including, but not limited to all downloadable software and materials, services, courses, workshops and shipping charges are non-refundable. There are no exceptions.
Defective Videos, DVD's, and equipment must not be marked on or altered in any way and will be exchanged for new product if a return-exchange arrangement is completed within 90 days from purchase.
If you are unable to attend or SRI Intl. LLC cancels the Workshop date / location as specified in this transaction, you will have up to 1 year from the date of the originally selected Workshop to select and attend another regularly scheduled Workshop. If you have entered into a payment plan, the payment plan will continue with the pre-arranged schedule and amounts.
- SRI, Intl. LLC reserves the right to cancel a course at any time. We will make every attempt to notify you of changes 7-10 days prior to scheduled seminar.
- SRI, Intl. LLC is not responsible for any transportation, lodging or any other expenses or losses due to course changes or cancellation.
