Provident Home Companion

Terms of Use and Conditions of Sale

Updated 9 January 2019

This Agreement sets forth the legally binding terms for your association with Provident Home Companion including use of Provident Home Companion website(s), and purchases of memberships, products and/or services (collectively, “the Services”). This is a legally binding agreement between you and Provident Home Companion. By signing, clicking the “accept” button, or by using Provident Home Companion website(s) and or Services, you agree to be bound by this agreement. Please read this agreement carefully and retain it for future reference. If you do not agree with our Terms of Use or Conditions of Sale, you should leave the Provident Home Companion website and discontinue use of the Services immediately.

Privacy Provident Home Companion full privacy policy may be accessed at www.providenthomecompanion.com/privacy. When attending a live event, in which Provident Home Companion participates in, you agree that Provident Home Companion may receive your personal identifying information from the event facility, excluding all information pertaining to your credit card or method of payment. The purpose of this is to allow Provident Home Companion to use that information internally and to share information regarding products and services with event attendees, in accordance with the posted Privacy Policy.

Children’s Privacy We are committed to protecting the privacy of children. You should be aware that Charlene Nelson /Provident Home Companion websites are not intended or designed to attract children under the age of 18. The content in this site is for informational use by adults aged 18 years of age or older. Children under 18 should seek the advice of a parent and their personal medical professional before using any information found within this site. Children who may choose use this site must do so with parental permission and supervision and with the understanding that it is for informational purposes only. We abide by the Children’s Online Privacy Protection Act do not specifically sell products for purchase by children.

TERMS OF USE

Whether you are a client of Provident Home Companion/ Charlene Nelson or a visitor to its websites, or instructional classes, DO NOT use the website or any Provident Home Companion materials if you do not agree with all of the following terms and conditions.

You acknowledge that the information on this website and found within Provident Home Companion materials are provided as is for general information only. They are not intended to provide medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual condition.

No warranties of any kind is given regarding use of this website, or related instructional materials including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any warranty that these pages, or the computer server which makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.

You agree that you will hold harmless Charlene Nelson, Provident Home Companion and its shareholders, officers, directors, clients and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information contained in this website or other web sites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Charlene Nelson, Provident Home Companion or any of the information contributors to the website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Charlene Nelson and Provident Home Companion has been advised of the possibility of such damages.

Definition of Client: A client is any person or business entity that has placed an order for any of Charlene Nelson /Provident Home Companion services.

Charlene Nelson/Provident Home Companion Websites Do Not Provide Medical Advice

The contents of Charlene Nelson /Provident Home Companion websites such as text, graphics, images, information obtained from Charlene Nelson /Provident Home Companion licensors, and other material contained on Charlene Nelson /Provident Home Companion websites (“Content”;) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!

Charlene Nelson /Provident Home Companion websites do not specifically recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. The information herein is for informational purposes only. Reliance on any information provided by Charlene Nelson /Provident Home Companion employees, Links on the site, or others appearing on the Site at the invitation of Charlene Nelson /Provident Home Companion, or other visitors to Charlene Nelson /Provident Home Companion websites is solely at your own risk. Furthermore, information added to Charlene Nelson /Provident Home Companion websites by its clients are added at sole discretion of the clients and are full responsibility of the said client. Charlene Nelson /Provident Home Companion does not accept any liability or responsibility on said content.

Use of Content Charlene Nelson /Provident Home Companion authorizes you to view a single copy of the material on the Charlene Nelson /Provident Home Companion websites solely for your personal, noncommercial use. Content and or images on the websites designed by Charlene Nelson /Provident Home Companion are protected under copyright laws. Any special rules for the use of certain software and other items accessible on the Charlene Nelson /Provident Home Companion websites are incorporated into these Terms and Conditions by reference. The right of ownership to content, design elements and or images and other material throughout the sites, is not granted to anyone unless permitted by written consent from Charlene Nelson /Provident Home Companion

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Charlene Nelson /Provident Home Companion or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Charlene Nelson /Provident Home Companion websites. Domain names registered by Charlene Nelson /Provident Home Companion for its client are legal property of Charlene Nelson /Provident Home Companion and are leased temporarily to clients. All rights not expressly granted herein are reserved to Charlene Nelson /Provident Home Companion and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Copyright and Trademark Enforcement All of the content of this website, www. providenthomecompanion.com, our social media postings, Provident Home Companion instructional/ educational classes,  presentations, and related materials including but not limited to: live and recorded video and audio works, and printed materials are copyright Provident Home Companion.  No permission is given to store, retrieve, copy or disseminate any Provident Home Companion materials unless express written permission is given. Materials provided as a part of a class or instructional setting are for use by members of the specifically intended audience and may not be redistributed in any form without the express written permission of Charlene Nelson or Provident Home Companion.

Any third party materials that are featured in Provident Home Companion materials are owned by their respective parties who maintain their individual copyrights. Provident Home Companion upholds the copyrights of each third party and only uses materials in conjunction with their copyright standards. No third party information, or materials may be copied or disseminated by anyone using Provident Home Companion Products and services.

Liability of Charlene Nelson /Provident Home Companion and our Licensors The use of the Charlene Nelson and Provident Home Companion Websites and the Content is at your own risk. When using the Charlene Nelson /Provident Home Companion Website, information will be transmitted over a medium that may be beyond the control and jurisdiction of Charlene Nelson /Provident Home Companion and its suppliers. Accordingly, Charlene Nelson /Provident Home Companion assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Charlene Nelson /Provident Home Companion websites.

The Charlene Nelson /Provident Home Companion Websites and the content are provided on an “as is” basis. Charlene Nelson /Provident Home Companion ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, Charlene Nelson /Provident Home Companion, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Charlene Nelson /Provident Home Companion websites.
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on Charlene Nelson /Provident Home Companion websites. In no event shall Charlene Nelson /Provident Home Companion, its licensors, its suppliers, or any third parties mentioned on Charlene Nelson /Provident Home Companion websites be liable for any damages (including, without limitation, identical and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Charlene Nelson /Provident Home Companion websites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Charlene Nelson /Provident Home Companion is advised of the possibility of such damages. Charlene Nelson /Provident Home Companion is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions You agree that you will not upload or transmit any communications or content of any type to the Public Areas (that infringe or violate any rights of any party). By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission You agree that you will not send or transmit to Charlene Nelson /Provident Home Companion by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Charlene Nelson /Provident Home Companion by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Charlene Nelson /Provident Home Companion by email, you automatically grant–or warrant that the owner of such content or intellectual property has expressly granted Charlene Nelson /Provident Home Companion a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Charlene Nelson /Provident Home Companion may sub-license its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Charlene Nelson /Provident Home Companion by email. We try to answer every email in a timely manner, but are not always able to do so.

Right to Refuse Service/Cancellation Policy Charlene Nelson /Provident Home Companion reserves the right to refuse providing services to any of its clients at its sole discretion. Some of our services are included in promotions or packages that are delivered on a monthly basis. You may cancel your membership to such a service, at any time and for any reason by contacting our office and making a written request of cancellation. Payments for ongoing membership services are due at the time of registration and are not refundable. We may choose to provide either a full or partial refund at our sole discretion. If a refund is issued, it will be mailed to the most current address we have on file.

Passwords Charlene Nelson and Provident Home Companion may have several tools that allow you to record and store information. For example, areas that are structured to allow access only to visitors with a valid password. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your Charlene Nelson /Provident Home Companion account and password; (3) promptly inform Charlene Nelson /Provident Home Companion of any need to deactivate a password. You grant Charlene Nelson /Provident Home Companion and all other persons or entities involved in the operation of the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Charlene Nelson /Provident Home Companion cannot and does not assume any responsibility or liability for any information you submit, including to register to win, or your or third parties use or misuse of information transmitted or received using Charlene Nelson /Provident Home Companion tools and services..

Advertisements, Searches and Third Party Links Charlene Nelson /Provident Home Companion may provide links to third-party web sites.

Charlene Nelson /Provident Home Companion also may select certain sites as priority responses to search terms you enter and Charlene Nelson /Provident Home Companion may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

Charlene Nelson /Provident Home Companion recommends and endorses specific products with which she has had personal experiences. Every personal recommendation is independently made and it is the responsibility of the reader to determine the fitness of such a recommendation within the scope of their own lives and personal experience.

These recommendations are for specific products or services and do not endorse the content on any third-party web sites. Charlene Nelson /Provident Home Companion is not responsible for the content of linked third-party sites, sites framed within the Charlene Nelson /Provident Home Companion websites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such sites.

Services Use of Provident Home Companion Services are provided “as is”, and without warranties. While Provident Home Companion attempts to be as accurate as possible, our information should not be relied upon as being comprehensive or error-free. Provident Home Companion Services are designed to enhance your personal and business relationships. This information is intended for educational and research purposes only. Provident Home Companion does not guarantee any specific results from use of the Services and makes no representations or warranties as to specific outcomes or results. Provident Home Companion cannot guarantee happiness, health, wealth, or success. Your future success is solely dependent upon you. When you use Provident Home Companion Services, you are taking full responsibility for your actions. Examples of success in using Provident Home Companion Services are not to be interpreted as a promise or guarantee of earnings or life enhancement. Any potential benefit from association with Provident Home Companion, including financial or other perceived benefit is entirely dependent on the efforts and skills of the person applying the information provided within Provident Home Companion services, programs and materials.

Products and services purchased, including Provident Home Companion memberships, may include varied components, including live events, workshops, coaching, masterminding, seminars, webinars, manuals, independent-study programs, videos, audio tracks and/or other products and services. Products and Services may be delivered through any means currently available, including but not limited to various physical and electronic delivery methods. All Services are for individual and intended use in or in conjunction with Provident Home Companion programs only. Program content is for individual use only, and may not be sold, transmitted, stored in an automatic retrieval system, audio recorded, video recorded, shared, taught, given away, or otherwise divulged without the express written consent of Provident Home Companion, or its designated agent. You agree not to divulge information gained through association with Provident Home Companion, relationship partners, and assign, through participation in services.

Provident Home Companion Community Members will each be issued a unique username and password, and should only be used by one individual. You agree not to share login information, call-in numbers, passwords, and protected links with non-members.

Cooperation We are committed to providing all participants in Provident Home Companion programs and services with a positive experience. Therefore, Provident Home Companion may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, without refund or forgiveness of remaining payments if You, or your invited guests, become disruptive or difficult to work with, fail to follow the Program guidelines, or Impede the full enjoyment or participation of Provident Home Companion staff or Program participants.

Terms This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in Provident Home Companion terminating the Agreement prior to the end of the term, and discontinuing your access to Services. Your use of Provident Home Companion website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

Provident Home Companion Payment Terms

Payment Payments for products or Services are expected, in full, at the time of service unless specifically stated in the actual service agreement or product order form. Fees for Services may be pre-paid or by installment, if indicated on your service agreement or order form. If payment arrangements are made, they are done so in consideration of the customer. In any case, you agree to pay the full amount agreed upon, at the time of purchase, and not to cancel this transaction with your bank or credit card company without due cause. Actual payment terms may vary depending upon the individual product, service or membership purchased.

Provident Home Companion is not responsible for any overdraft charges, over limit fees, or non-sufficient fund fees by your bank or credit card company as a result of any Services purchased through Provident Home Companion. If you make installment payments, missed payments may result in suspension or termination of Services. If after 30 days from the date of a missed payment you have not made arrangements with Provident Home Companion to make up the payment, your Services will be cancelled and no fees will be refunded.

Terms This Agreement will stay in force and effect until the end of the term indicated on your order form. Failure to pay required fees may result in Provident Home Companion terminating the Agreement prior to the end of the term, and discontinuing your access to Services. Your use of Provident Home Companion website(s) or Services after your termination may extend the term of this Agreement and may cause you to incur additional fees.

We are happy to speak with you regarding any questions or concerns that you may have about Provident Home Companion products or services. Please Contact Us.

Provident Home Companion Refund Policy

Refund Policy for Downloadable/Internet-Based Products and Services. Due to the method of distribution, and the inherent inability to ensure that a downloaded product or service can be fully returned, no refunds will be issued for any downloadable or internet-based products and services unless specifically noted in writing at the time of sale or on the order form.

Refund Policy for Physical Product Purchase. There are no refunds on physical products. Physical products that were received damaged will be replaced within 10 days after the original date of purchase. In order to be eligible, a replacement request must be submitted in writing (via postal mail, email or fax) within the 10-day replacement period. Damaged product must be returned in its entirety, to Provident Home Companion. Product replacement requests will be processed within two (2) weeks of the date on which the returned product is received by Provident Home Companion

 

Refund Policy for Live Events If Provident Home Companion cancels a live on-location event, Provident Home Companion will give participants the option of having their money refunded, within 30 days of the event cancellation, or applying their payment to future events. Our refund is limited to the cost of the event actually paid and does not include incidental or related expenses incurred by the event participant. If an event is cancelled because of circumstances outside Provident Home Companion control (force majeure such as natural disaster, facility shutdown, etc.), Provident Home Companion will not offer cash refunds, but will apply participants’ payments to future live events. If a participant must cancel their participation in any event they have paid for, there is no guarantee of a refund. Depending upon the individual circumstances, Provident Home Companion may allow the participant to apply their payment to future events, but will not refund the money in cash. It is the policy of Provident Home Companion to only issue refunds prior to the completion of one-fourth of the content of a live event. Questions or concerns that may arise during a live event should immediately be directed to the event staff for resolution.

Refund Policy for Coaching and Mentoring Due to the nature of Coaching and Mentoring, Coaching and Mentoring, programs and services must be agreed upon and payable in advance. Provident Home Companion guarantees the quality of our work, but not the outcomes, which are most often subject to variables outside of our direct control. There is no guarantee of outcome of success for any , coaching or mentoring programs and none is implied. The information in these programs and services is specifically designed to the individual or organization and based upon their specific needs, and circumstances. Therefore, Coaching and Mentoring programs and services are non-refundable and non-cancelable. If you wish to discontinue these services, you may do so at the conclusion of the current contract. If you need to postpone the delivery of such programs and services, you may do so. Coaching and Mentoring programs and services may be postponed, delayed, and rescheduled without penalty and without time limit, though the payments are due as specified, regardless of circumstances of the delay, unless otherwise specified in writing at the time of the contract.

Refund Policy for Speaking Engagements When you schedule a speaking engagement through Provident Home Companion, we request that the entire speaking fee is paid in advance, in order to hold the event date on our calendar. If you must change or postpone the date of the speaking engagement, we will make every attempt to reschedule or replace the speaker, at no additional cost, subject to availability. No refunds will be given on events that are scheduled then cancelled or rescheduled. If Provident Home Companion or an associated speaker becomes unavailable after scheduling an engagement, for any reason other than by Force Majeure, we will provide you with as much advance notice as possible, replace the scheduled speaker or immediately refund our speaking fee.

We are happy to speak with you regarding any questions or concerns that you may have about Provident Home Companion ‘ products or services. Please Contact Us

Provident Home Companion Affiliate Disclaimer Through this disclosure is Provident Home Companion attempt to fully comply with the Federal Trade Commissions’ policy that requires transparency in any and all affiliate relationships that we may have.

The pages on this website and/ or email may, at times, include affiliate links. If you choose to click on these affiliate links and go to the resulting site, a cookie will be set in your web browser that will cause Provident Home Companion to receive a commission based upon any products you purchase through the link. On occasion, hyperlinks on this site may be shortened, and in some cases cloaked, for ease of use and tracking purposes. Link tracking, shortening and renaming is a common online business practice.

Our affiliate partnerships provide a legitimate way to monetize and pay for the operation of our web sites.

We seek only to provide you with links to companies that we have found trustworthy and are happy to reveal our affiliate relationships. While we are not responsible for any content on a third party site, nor are we responsible for the delivery of any third party products and services, we are interested in learning of your experience on any affiliate site. If any experience with a trusted vendor does not live up to your expectations, please let us know by contacting us.

It is our policy to promote products and services that we trust and feel will be of personal value to you. We do not accept payment for any blog posts or reviews that we may write. At times, we may post about products or services that have an affiliate relationship with. We strive to provide our honest opinions and findings related to anything that we promote through our website(s). It is up to you, our site visitor, to determine your own best course of action, taking into consideration your personal circumstances and individual research, prior to participating in any programs or recommendations made by or through this site.

Third Party vendors may place paid advertising on our sites in the form of banners, widgets, or hyperlinks. While we do our best to only allow trusted products and services to be advertised either through email or on our site, we are not responsible for third party claims or testimonials made on paid advertising links.

Medical Disclaimer Provident Home Companion, its employees and agents are not responsible for any physical or non-physical damages, including mental and emotional damages, either real, perceived, imagined, or otherwise sustained as a result of the use of the Programs and Services provided through Provident Home Companion Website(s) or through participation in live events. Participants must rely solely upon their own judgment to determine whether they are able to safely participate in any Provident Home Companion events and programs. Participation and/or use of any Services is at your own risk.

 

Accessibility Compliance Provident Home Companion does not discriminate against individuals with disabilities from full participation in programs and services. Provident Home Companion allows people with disabilities access to programs and services in the most integrated setting appropriate to the needs of the individual. Eligibility criteria for Provident Home Companion programs and services is equally applied to all applicants, regardless of disability.

Due to the nature of some of these programs and services, Provident Home Companion reserves the right to determine an individual’s ability to participate in a mainstream program and make reasonable modifications, if necessary.  Prior to registration or participation in any Provident Home Companion program or service, participants will be provided with the essential components of the activity, and its physical and cognitive requirements to ensure their safety and the safety of others, during the program or service event.

It is the responsibility of the individual to notify Provident Home Companion of any limitations on the individual’s ability to participate in any Provident Home Companion activities including any condition (e.g., mental, physical, emotional), which might affect their health or well-being, the well-being of others, or affect their ability to engage in Provident Home Companion activities.

Provident Home Companion will engage the individual, through dialogue about potential modifications that may allow active participation in programs and services including a dialogue potentially with the applicant’s physician, or others familiar with the applicant’s disability and modifications utilized in the past.

If an individual, who wishes to participate in Provident Home Companion, has a medical condition or disability, we must determine whether they can participate in the program, with or without modifications to the program. In considering modifications, that will allow access to programs and services, we must consider the needs of all participants.

We will use outside resources (e.g., a  physician, interest groups, adaptive equipment manufacturers/sellers, associations for specific disabilities, the individual’s physician) in making decisions about potential modifications/safety issues.

It is the policy of Provident Home Companion to screen all program and services participants to understand and effectively deal with any medical or health concerns before participation and to refer out applicants who, for medical reasons or otherwise, cannot or should not attend the program.

Access to programs and services (including proposed modifications) is not required, however, if it would 1) result in an undue burden (e.g., “significant” cost, training, etc.) on the entity; 2) fundamentally alter the nature of the camp program or activity (for the individual and others); or 3) compromise the safety of others attending the camp session or program.

Relationship Nothing contained in this Agreement shall be construed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint ventures, co-owners or otherwise as participants in a joint undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.

Assignment You may not, without the prior written consent of Provident Home Companion, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be a material default of this Agreement and shall be void. Provident Home Companion rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by Provident Home Companion.

Third Party Beneficiaries This Agreement is solely for the benefit of the parties and their successors and permitted assigns, and does not confer any rights or remedies on any other person or entity.

Governing Law This Agreement shall be interpreted according to the laws of the State of North Dakota without regard to or application of choice-of-law rules or principles.

Waiver No failure of either party to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.

Severability In the event any provision of this Agreement is held by a court of other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they begin negotiations for a suitable replacement provision.

Force Majeure If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party’s reasonable control, including, without limitation, an act of God, fire, flood, natural disaster, explosion, war, strike, embargo, government regulation, civil or military authority, acts or omissions of carriers, transmitters, providers, vandals, or hackers (a “force majeure event”) the time for that party’s performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that You will not be excused from the payment of any sums of money owed by you to Provident Home Companion ; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.

Construction This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof.

Remedies Except as provided herein, the rights and remedies of Provident Home Companion are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.

Binding Effect This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successors-in-interest, legal representatives, heirs and assigns.

Damage Waiver In no event shall either party be liable to the other party hereunder for any lost profits or other consequential, incidental, indirect, special or similar damages, even if such a party has been advised of the possibility of such damages. In no event shall either party be liable to the other for exemplary or punitive damages. Notwithstanding anything to the contrary contained herein, Provident Home Companion liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the total amount paid, if any, by you to Provident Home Companion for the services during the term of the agreement.

Use of Provident Home Companion Name, Logo, Likeness or Intellectual Property You shall not, in the course of performance of this Agreement, or thereafter, use Provident Home Companion or Provident Home Companion’s name, logo, likeness or intellectual property in any advertising or promotional media without the express permission of Provident Home Companion.

Intellectual Property The materials provided as part of your Services are copyrighted and may not be reproduced in any form, or by any means, physical electronic or otherwise, without the express written permission of Provident Home Companion. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post or use the content of the materials for public or commercial purposes without the express written permission of Provident Home Companion. The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the materials are registered and unregistered Trademarks of Provident Home Companion and other third parties that have authorized the use of such Trademarks on the Website and within Provident Home Companion’s materials. Nothing contained in the materials or on Provident Home Companion website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Provident Home Companion or the appropriate third party. Your use of the Trademarks displayed on the materials, on the website, or in any other content, except as provided in these terms and conditions, is strictly prohibited.

Terms of Use Agreement You agree to the terms and conditions of the Terms of Use found at www. Provident Home Companion.com.

Disputes If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of North Dakota, United States of America, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of North Dakota. Either Provident Home Companion or you may demand that any dispute between you and Provident Home Companion about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in North Dakota, United States. The foregoing shall not prevent Provident Home Companion from seeking injunctive relief in a court of competent jurisdiction.

Indemnity Your indemnity applies only to the following limited circumstances claims arising out of this Agreement, your use of the Services, a breach of this Agreement, any breach of your representations and warranties set forth above, and/or if any content that you post using the Services causes Provident Home Companion to be liable to another. In these circumstances, you agree to indemnify and hold Provident Home Companion, its subsidiaries and affiliates, officers, directors, employees, agents, licensors, and suppliers and their officers, agents, attorneys and employees, harmless from any loss, liability, claim, or actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, made by you or any third party resulting from, or alleged to result from, your violation of these Terms and Conditions.

Void-ability The Services are provided individually or as part of a package. Failure to use or download the any portion of the products or services as available and intended, including not logging into a membership account, will not void any part of this agreement nor entitle you to a refund in whole or in part.

Charlene Nelson /Provident Home Companion is based in North Dakota, in the United States of America. Charlene Nelson /Provident Home Companion makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Charlene Nelson /Provident Home Companion websites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction You expressly agree that exclusive jurisdiction for any dispute with Charlene Nelson /Provident Home Companion, or in any way relating to your use of the Charlene Nelson /Provident Home Companion Websites, resides in the courts of the State of North Dakota and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Dakota in connection with any such dispute including any claim involving Charlene Nelson /Provident Home Companion or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

Modification Provident Home Companion may modify this Agreement from time to time and such modification shall be effective upon posting upon Provident Home Companion Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is important that you review this Agreement regularly to ensure you are updated as to any changes.

Entire Agreement This Agreement represents the entire understanding relating to the Services and prevails over any prior or contemporaneous, conflicting or additional communications. In order to participate in certain Services, you may be notified that you may be required to agree to additional terms and conditions. You may receive a copy of this Agreement by contacting Provident Home Companion.

These Terms and Conditions are governed by the internal substantive laws of the State of North Dakota, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Thank you for your cooperation. We hope you find the Charlene Nelson /Provident Home Companion websites helpful and convenient to use!

Contact If you would like to contact Provident Home Companion with questions or comments regarding this website, including any reports of non-functioning links, should be directed by electronic mail to: Charlene   @ Provident Home Companion. com, or via U.S. mail to Charlene Nelson /Provident Home Companion (Please email us for physical address information.). All communication will be responded to in as timely a manner as possible.

We are located in North Dakota, United States: (Please email us for physical address information.)