TERMS OF USE AGREEMENT

Last Updated 10/30/13

Welcome to the website of KH Fine Jewelry & Consulting, LLC doing business as Brighter (“Brighter”, “Site”, “we”, “our”, or “us”).The terms and conditions set forth in this Terms of Use Agreement (“Agreement”) govern your visit to and use of the online services provided by Brighter including without limitations www.b-brighter.com, any emails sent by www.b-brighter.com, or any other reference to Brighter (collectively the “Service”). By accessing and using the Service, you signify that you have read, understood and agree to be bound by this Terms of Use Agreement and to the collection and use of your information as set forth in the Brighter Privacy Policy whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

If you do not agree with any of these terms, you are prohibited from using or accessing the Service. Using the Service implies that you accept these terms. The terms are occasionally updated so please refer back to them in the future. The materials contained in this Site are protected by applicable copyright and trade mark law.

Use of Site

1. Except for information, photographs, products or services that are clearly identified as being supplied by Brighter, all information, photographs, products and services offered through the Service are offered by third parties that are not affiliated with Brighter.

2. Brighter cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses or other code with destructive properties.

3. The copyright and other intellectual property rights in all material on this Site are owned by us or our licensors and must not be reproduced without prior consent.

Site Uptime

1. We take all reasonable steps to ensure that this Site is available every day all day. We are not liable, however if the website is unavailable at any time for any reason.

2. We are not obliged to give Users warning if the Site has to be down due to maintenance issues.

Disclaimer

1. The materials on Brighter’s Service are provided “as is” and are a matter of opinion only. Brighter makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement or intellectual property or other violation of rights. Brighter does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Service.

2. Brighter received a commission through some links on b-brighter.com. We reserve the right to link to and feature items that align with Brighter. These affiliate programs do not influence the information on this Site.

Visitor Conduct

1. With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send to us or post to this Site shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

2. You may not damage or impair our servers or gain access to our network. By using this Site, you agree that you will not modify, copy, reformat, or alter this Site in any way.

3. When using this Site you shall not post or send to or from this Site any material: that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in the United States.

4. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Site in breach of paragraph 4.c.

Links to and From Other Websites

1. We do not review or control third party websites that link to or from this Site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party website is on your own initiative and at your own risk, and is subject to the other websites’ terms of use and privacy policy.

2. If you would like to link to this Site, you may only link to, but not replicate, any page on this Site. You may not in any way imply that we are endorsing any services or products unless that has been previously agreed to.

3. If you choose to link to our Site in breach of 5.b. you shall fully indemnify us for any loss or damage suffered as a result of your actions.

4. The Site links to other websites that may contain advertisements. Brighter does not endorse or own any information in these advertisements or any third party websites. Should you visit a third party website you are no longer protected by these terms of use.

Revisions and Accuracy

1. The materials appearing on Brighter’s Service could include technical, typographical, or photographic errors. Brighter does not warrant that any of the materials on its Site are accurate, complete or current. Brighter may make changes to the materials contained on its Site at any time without notice. Brighter does not make any explicit or implied commitment to update the materials.

Indemnification

1. Neither we nor any other party shall be liable for any kind of loss or damage that may result to you or a third party as a result of your or their use the Service.

2. You agree to indemnify, defend and hold harmless Brighter, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing this Service.