Terms & Conditions

Spinal Reflex Institute, International, LLC (“SRI, Intl., LLC”) reserves the right to modify the terms and conditions and privacy policy at its sole discretion. Additional terms and conditions may also apply as specified in any given product or program.

5MinuteBack Pregnancy is a consumer based health care educational product available for discretionary use by individuals during pregnancy and is to be implemented only if the end user is healthy, does not have known or suspected health risk factors, conditions or limitations in movement or a physician’s statement indicating a predisposing or potential risk factor for non-impact low intensity exercise activities. It is the sole responsibility of the end user to use prudence and common sense when using this product, and all exercises prior to, during or after pregnancy. Neither the producers, composers, educators, staff, companies, board members, general members or other parties and consumers of said product may be held liable for the use and application of said product.

By purchasing, using, and/or registering for any SRI, Intl., LLC Product, 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.

Product Usage & Licensing

The products, procedures, materials, software, text, images, graphics, audio and videos, and/or any and all related content offered by SRI, Intl., LLC and/or L.F.J., LLC (hereinafter (“Product”)), is protected by U.S. federal and international copyright law and that 5MinuteBack, 5MB, 5MinuteBack Pregnancy, 5MBP, and any and all related logos and terms are trademarks of SRI, Intl., LLC and/or L.F.J., LLC and are protected by U.S. federal and international trademark law. All information provided by SRI, Intl., LLC, related to its Product, is considered valuable and confidential. SRI, Intl., LLC and L.F.J., LLC retain the title to and ownership of the Product in its entirety. The consumer of said Product (hereinafter “Consumer”), is licensed to use this Product based on the terms and conditions in this Agreement. By accessing any portion of the Product, you acknowledge and agree, in full, to be bound by the following terms:

Every Consumer or Third Party user of the information provided in the Product is required to appropriately utilize said Product. The authors, editors, producers, contributors, instructors, and publishers cannot be held liable for the application of said Product or any injury or loss related to it, in that the materials presented in its text and its parent and subservient publications are specifically provided for the exclusive education of the reader.

Product License

The Consumer is defined as the individual utilizing the Product, who has purchased same and received any or all materials not limited to, but including an officially watermarked copy stating Consumer’s name and identification number. Watermark and additional technologies allow the digital detection of all copies. Any copies obtained or distributed without official watermarking, modified watermark or watermarked with a different Consumer name and/or number than the official copy, 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.

SRI, Intl., LLC and L.F.J., LLC hereby grant the Consumer a nonexclusive License authorizing the Consumer to use the Product on one electronic device at a time.

All Product materials and information are provided only for the use of the participant and are not for general dissemination in any form or manner. Use of this Product by more than one individual or by anyone other than the Consumer terminates, without notification, this license and the right to use this Product, and subjects the Consumer to full enforcement of any and all legal liability stated or implied in state, federal and international law.

Software & Device Usage

You accept responsibility for making sure that you know how to properly use any of your devices that you use 5MinuteBack Pregnancy on. We will not be liable to you for technical support or any losses caused by your failure to properly use the Software App or your device.

General Product Usage

In order to properly use 5MinuteBack Pregnancy, you must review and follow the instructions provided with product.

By purchasing our Product you agree to accept responsibility for learning how to use 5MinuteBack Pregnancy in accordance with the instructions. You must also provide us with accurate information about yourself and your pregnancy. For your own safety, and that of the baby's, it is important that you are performing the exercises that are appropriate to your current trimester.

U.S. Government & 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, Rights in Technical Data--Noncommercial Item, or in FARS 52.227-19, Commercial Computer Software License. The same legal rights are afforded through international treaty agreements.

Restrictions

All Product serial numbers and the Consumer are legally registered with SRI., LLC and L.F.J., LLC.

The Consumer or any Third Party may not distribute, disseminate, copy, teach, rent, sub-license or otherwise make available to others the Product, or copies thereof, except as expressly permitted in this Agreement, without express written consent from SRI, Intl., LLC and L.F.J., LLC. In the case of a SRI, Intl., LLC and/or L.F.J., LLC authorized transfer; the Transferee must agree to be bound by the terms and conditions of this Agreement.

The Consumer or any Third Party may not use any of the trademarks or copyrights related to SRI, Intl., LLC and L.F.J., LLC without express written consent and approval of SRI, Intl., LLC and L.F.J., LLC. 

The Consumer or any Third Party may not remove any proprietary notices, labels or trademarks on the Product.

The Consumer or any Third Party may not modify, de-compile, disassemble, reverse engineer or translate any part of this Product. If such a violation is apparent, you must notify SRI, Intl., LLC of such illegal use immediately.

License Termination

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. 

Limited Warranty

This Product is sold “as is” without any warranty as to performance, merchantability or fitness for any particular purpose. The Consumer assumes the entire risk as to the quality and performance of the Product. SRI, Intl., LLC and L.F.J., LLC warrants that the diskettes (if applicable) or other data storage media, on which the Product 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 SRI, Intl., 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 benefits, use, or data resulting from the Consumer’s purchase and utilization of this Product, or arising out of any breach of warranty. It shall be recognized and acknowledged by the Consumer that the Consumer is subject to the minimal risks associated with non-impact, low level exercises and a minimal risk to the consumer may exist beyond the standards of said exercises. The designers, producers and affiliates have taken prudent caution in advising and warning all consumers of this Product to seek the advice of a physician, especially if they have a pre-existing or existing health concern, or an as yet undisclosed health risk for appropriate advice. Furthermore, the Consumer shall agree that including, but not limited to SRI, Intl., 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 Product, under all circumstances, by the Consumer, including, but not limited to any injury or loss related to the Product.

Shipping & Digital Delivery

Many of the products sold from SRI, Intl., LLC are online membership services and/or related products that ship via USPS Regular or Priority Mail, or an equivalent service to the U.S. and most international destinations. Most online service orders are processed at time of purchase for immediate use. Downloadable products are processed and downloadable on the same or following day during regular business hours and days. Allow one to three days for processing and download and/or durable goods for orders placed on weekends and holidays. Allow 3-7 business days for shipping and delivery.

Customs and import duties may be applied to international orders when any durable shipment reaches its destination. Such charges are the responsibility of the recipient of the order and vary from country to country. Contact the local customs office for details. 

Shipping laws are different in each country. It is the responsibility of the Consumer to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. SRI, Intl., LLC is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

Returns & Refunds

You may purchase merchandise from SRI, Intl., LLC’s and 5MinuteBack Pregnancy websites by using any one of the payment options listed during the checkout process. Your purchase confirms your agreement to our complete Terms and Conditions and Privacy Policy. SRI, Intl., LLC reserves the right to change its payment procedures and refund policy at any time without prior written or verbal notice.

It is your responsibility to read and understand our Terms and Conditions and Privacy Policy as you are making a Consumer purchase of the Product noting that it is the exclusive intellectual property of SRI, Intl., LLC and you are purchasing the right to obtain, learn and utilize said information and Product only.

Monthly memberships on 5MinuteBack Pregnancy can be canceled at any time. You are required to pay for the rest of the month in which you request cancellation. However, you will not be charged for any subsequent months. The Plus memberships cannot be cancelled and will not be refunded under any condition.

For durable goods, you may return the product within 30 days from the date of purchase, as long as the Product is unused and is still in its original packaging. You will be refunded the purchase price, excluding shipping. Please contact us for return instructions.

Once ordered and/or purchased, obtained, a personally identifiable watermark secured, observed or implemented by the purchaser; said Product may be rendered unusable by another and cannot be retrieved, removed or erased from your possession, or repackaged or resold as a new and valid product to any other Consumer.

Monthly Subscriptions

If you have chosen a monthly membership plan, you understand and confirm that by completing your order, you are legally entering into contract for the monthly payment plan selected, in lieu of your signature. You are also authorizing SRI, Intl., LLC and/or any Third Party payment vendors to automatically charge your credit card used in this transaction, for each monthly payment. Monthly memberships will automatically renew indefinitely. It is your responsibility to cancel your membership if you want it to end sooner. You may contact us when you are ready to transition to the next trimester and we will give you access to the new materials.

Copyright & Trademark

Copyright & Trademark Notice

All of the product names and registered designs referred to in SRI, Intl., LLC’s Products are registered trademarks or proprietary names even though specific reference to this fact is not always made in the text.

Additionally, all Product material presented is registered copyright. Any infringements of that copyright are federal and/or international violations and are subject to all applicable laws. Therefore, the appearance of a name, concept, design or 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.

Any violation of a registered copyright and/or trademark allows for full recourse inclusive of, but not limited to, civil and criminal prosecution, compensatory damages, statutory damages, punitive damages, and all U.S. and international attorney and legal fees. Every Consumer or User of the information and materials provided in the Product is required to utilize appropriate and practical decisions necessary to safely disseminate and utilize said Product. The authors, editors, contributors, instructors, and publishers cannot be held liable for the application of said Product in that the material presented in its text and its parent and subservient publications is specifically provided for the exclusive education of the Consumer only.

Copyright & Trademark Infringement

The direct costs of copyright infringement to any Consumer or Third Party obtaining or distributing the Product, in any and all forms, in direct violation of this Agreement, shall be aware that:

The Product is registered copyright, and any violation of U.S. copyright law and international agreement, inclusive of, but not limited to the terms of this Agreement, may result in, but is not limited to, significant monetary losses and fines to the Consumer and will include all attorney fees, all filing and court costs, all monies owed to SRI, Intl., 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 Consumer and/or Third Party offering the Product to others 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 Product and will be banned from any and all further access to the Product, SRA/SRT materials, and/or Training and Certification.

Any Consumer and/or Third Party offering the Product to others 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 Product offered or transferred in violation of the terms of this Agreement and all registered copyright law.

Other monetary claims may be made against the Consumer 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 Consumer & Other Parties Involved in Copyright Infringement & Misapplication of This Product

Poor, insufficient, or partial knowledge of this Product places any copyright infringer or individual misapplying this Product in a position of civil and legal liability, and their personal health in a position of heightened risk. Moreover, it places an unfair financial burden on the Consumer, who sought, paid for and utilized said Product while the violator seeks free access through copyright infringement. Therefore, all Consumers and/or Third Parties misuse of the Product will be restricted from accessing any and all SRI Products. SRI, Intl., 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.

Remediation Clause

Agreement to Sale/Purchase of Products

This Agreement, and the rights and liabilities of SRI, Intl., LLC and the Consumer, and/or Third Party (hereinafter the “Party” or “Parties”)  with respect to this Agreement and its subject matter shall be governed by the laws of the State of Colorado, U.S.A., 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, U.S.A., 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, U.S.A., 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 Section, entitled “Dispute Resolution,” and in the previous Section, “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 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 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, U.S.A., 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 45 days after delivery of the initial notice of negotiation, or if the Parties failed to meet within 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 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 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, U.S.A., 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 90 days of the initiation of such procedure, this Agreement does not preclude either Party from initiating litigation (upon 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 Agreement.

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.

Attorney’s 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. For exceptions to this policy, please see previous Sections entitled “Payment Plans” and “Copyright & Trademark.”

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, Intl., LLC
                            1261 Galaxy Dr. 
                            Durango, CO 81301 USA     

            Buyer:    As stated on Agreement and/or Product Purchase Order.