Terms of Service

Last Updated:  October 28, 2021

 

Welcome to the websites hosted by Rees Core Inc., including our subsidiaries and affiliates (“Rees Core” or “The Company” or “Tri-C Parenting” or “we” or “us”) at tricparenting.com and drbrianrees.com (together, collectively the “Service”). Please review the following terms and conditions concerning your use of and access to the Service. By accessing, using, purchasing, downloading any materials or content from the Service, you agree to follow and be bound by these terms of use and service and conditions (these “Terms”).  If you do not agree with these Terms, you may not use the Service.

Our website is not intended for children under the age of 18. We will not knowingly collect personally identifiable information via the website from visitors in this age group and will take prompt steps to delete any such personally identifiable information. This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with The Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.

GENERAL PROVISIONS

THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SERVE AS PROFESSIONAL OR MEDICAL ADVICE.  YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SERVICE IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY.  IT SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL NEEDS.

Content and Accuracy of Information: We attempt to ensure that information on this Service is complete, accurate and current. Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Service.

Use of Service Content: All materials provided on the Service, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services (“Materials” or “Content”), are provided either by Rees Core or by respective third party authors, developers or vendors (“Third Party Providers”) and are the copyrighted works of Rees Core and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise.  

Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Rees Core and/or a Third Party Provider. Also, you may not “mirror” or “archive” any Materials contained on the Service on any other server without Rees Core’s prior express written permission.

Except where expressly provided otherwise by Rees Core, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of Rees Core’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. 

You may not sublicense, assign or transfer any licenses granted by Rees Core, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.

Materials provided by any Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Rees Core. Rees Core does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Rees Core.

Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Termination:  You or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason.  We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice.

INFORMATION FOR USERS

Account Creation: You are eligible to use the Service if you are the age of 18 or older.  You are ineligible to use the Service if you have been suspended by Rees Core or you are under the age of 18.  By becoming a user of the Service, you represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. Your registration with the Service is for your sole use. You may not authorize others to use your account and you may not assign or otherwise transfer your account to any other person or entity.

In order to set up an account on the Service, Users will have to provide a User Name, password, active email address, and, in some cases, a physical mailing address, all of which is subject to Rees Core’s Privacy Policy.  Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for Rees Core to terminate the account and bar such users from making further access or use of the Service.  You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.  

Accuracy of Billing and Account Information.  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address (if applicable). In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

PAYMENTS, CREDITS, AND REFUNDS

When you make a payment, you agree to use a valid payment method.  If you are not happy with your purchase or course, Rees Core offers a Grievance Policy as set forth below. Should you purchase a product directly with a third party link or website (such as Amazon or Barnes & Noble) all payments, credits & refunds will refer to their specific policies and terms of use.

Payments: You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Paypal or Apple Pay or Google Pay) for those fees.  Rees Core works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.  You can review our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course or products for which we have not received adequate payments.

In some cases, we may issue credits to your account. These credits will be automatically applied towards a future purchase of a specific course, speaking engagement, or your next purchase on our Service.  Credits may expire if not used within the specified period and have no cash value.

COURSE OR SPEAKING ENGAGEMENT CANCELLATION POLICY

Individual courses or speaking engagements have specific terms of service to which you agree when registering. If the Rees Core cancels or postpones a program or event, a full refund will be issued. If you need to cancel, please notify the Rees Core as soon as possible either by email or telephone. All cancellations are subject to prorated refunds on a case by case basis.

GRIEVANCE POLICY

Rees Core is fully committed to conducting all activities in strict conformance with the Ethical Principles of the APA, BBS, BRN, and CMA. Rees Core complies with all legal and ethical responsibilities to be non-discriminatory in promotional activities, program content and in the treatment of program participants. The monitoring and assessment of compliance with these standards will be the responsibility of the Education Chair in consultation with the members of the continuing education committee and the program Chairperson. While Rees Core goes to great lengths to assure fair treatment for all participants and attempts to anticipate problems, there may be occasional issues which come to the attention of the program staff which require intervention and/or action on the part of the program staff or Rees Core. This procedural description serves as a guideline for handling such grievances. When a participant, either orally or in written format, files a grievance and expects action on the complaint, the following actions will be taken.

  1. If the grievance concerns a program offering, its content, level of presentation, or the facilities in which the program was offered, Rees Core will mediate and will be the final arbitrator. If the participant requests action, Rees Core will:

a.      provide a fee credit toward a future program, or

b.     provide a partial or full refund of the program fee.

Actions 1a and 1b will require a written note, documenting the grievance, for record keeping purposes. The note need not be signed by the grieved individual.

 

LINKS TO THIRD PARTY SITES

The Service may contain links or have references to websites controlled by parties other than Rees Core. Rees Core is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. Rees Core is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Rees Core of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Rees Core. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REES CORE EXCEED $100.00. IN NO EVENT SHALL REES CORE OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into these Terms. Rees Core warrants that it will provide the Service and all services in a manner consistent with its business practices, as Rees Core, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY REES CORE, THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS,” AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, REES CORE AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. REES CORE AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, REES CORE AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER REES CORE NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. REES CORE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY REES CORE, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN “AS IS” BASIS. REES CORE EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

Rees Core shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Service and/or the goods, services or Materials associated with the Service other than in accordance with these Terms; (b) the combination of the Service and/or the goods, services or Materials associated with the Service with any other products, services, or materials; or (c) any third party products, services, or materials.

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Rees Core controls and operates the Service and services associated therewith. 

NOTICES

Rees Core may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Rees Core’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Rees Core’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Service.

Furthermore, Rees Core complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the Rees Core designated agent via email at tricparenting@gmail.com or via registered U.S. mail sent return receipt to: DMCA Compliance Agent, Rees Core, Inc., 400 N. Main St. Ste. 104 Grapevine, TX 76051

You may give notice to Rees Core at any time by letter sent by registered mail with return receipt to: Rees Core, 400 N. Main St. Ste. 104 Grapevine, TX 76051

 

RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Rees Core or the use of this Service. Please read this section carefully. Our Customer Service Department, which you can reach at tricparenting@gmail.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

Rees Core, Inc.
Attention: Notice of Dispute
400 N. Main St. Ste. 104

Grapevine, TX 76051

 

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.

You agree that the term “Dispute” in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Service and/or the Terms (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

Step 2: Arbitration

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us. As explained below, you and we may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement.

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes.

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time. You can review the Consumer Arbitration Rules here: https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf.The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us. If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

 

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Costs

If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

Small Claims Option

You may also litigate any Dispute in Small Claims Court in the City of Hurst, Texas, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in Tarrant County by clicking here: https://www.tarrantcounty.com/en/justice-of-the-peace-courts/justice-1/civil-cases/small-claim-cases.html.  However, if you initiate a Small Claims case, you are responsible for all your court costs.

 

Choice of Law and Forum Selection

You agree that the laws of the State of Texas govern this agreement and any claim or Dispute or issues arising from it, without regard to Texas’ conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located Tarrant County in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Governing Law & Exclusive Venue

Use of the Service and any claim relating to Rees Core shall be governed by the laws of the State of Texas and litigated in the State of Texas. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Texas. The choice of law of and exclusive venue in Texas apply to you regardless of where you are accessing the Service from even if you are accessing the Service from outside of the United States of America.

The Terms of Service (together with the Privacy Policy) represent the parties’ entire understanding relating to the use of the Service and supersedes any prior or contemporaneous, conflicting or additional, communications. Rees Core reserve the right to change these Terms of Use or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Service, which may be posted from time to time. Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Service without the prior written approval of Rees Core. Any purported assignment in violation of this section shall be void. Rees Core reserves the right to use Third Party Providers in the provision of the Service and/or the goods, service and/or Materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys’ fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Rees Core.

If you have any questions regarding these terms or wish to contact us for any matter:

Rees Core, Inc.
400 N. Main St. Ste. 104

Grapevine, TX 76051
Email: 
tricparenting@gmail.com