Terms of Service

I.

ACCEPTANCE OF TERMS

Brightvibe.com, a website owned and maintained by Crestview Enterprises, LLC, provides the following service to you, subject to these Terms of Service ("TOS"), which may be updated periodically without notice.

II.

DESCRIPTION OF SERVICES

Brightvibe.com is a site dedicated to providing support and helpful tips to those who want to create a healthier lifestyle for themselves. The views expressed are based on personal experiences and have not been reviewed or approved by the FDA. Our articles and experiences are for informational purposes and should not override or take the place of the specific advice of your Physician or healthcare provider.

III.

BRIGHTVIBE.COM PRIVACY POLICY

For information on Brightvibe's privacy practices, please see the entire privacy policy at www.brightvibe.com/privacypolicy

IV.

INDEMNITY

You agree to indemnify and hold Brightvibe.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your use or misuse of the information found within. The user is solely responsible for his or her actions when using the information provided, including, but not limited to, costs incurred for Internet access.

V.

MODIFICATIONS TO SERVICE

Brightvibe.com reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Brightvibe.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

VI.

NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any information contained within Brightvibe.com.

VII.

ADVERTISEMENTS AND PROMOTIONS

Brightvibe.com has decided to remove all banner advertisements and promotions from it�s homepage. However, Brightvibe.com reserves the right to run advertisements and promotions on the Brightvibe.com service in the future. By using Brightvibe.com, you agree that Brightvibe.com has the right to run such advertisements and promotions with or without prior notice, and without recompense to you or any other user. The manner, mode and extent of advertising by Brightvibe.com are subject to change. You agree that Brightvibe.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

VIII.

LINKS

We may provide links to other web sites or resources. Because Brightvibe.com has no control over such sites and resources, you acknowledge and agree that Brightvibe.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Brightvibe.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

IX.

USER CONTENT

Guidelines for posting comments or opinions on bullitin boards or any other public forum we provide at Brightvibe.com shall be as follows: 1. All Content posted to Brightvibe.com in any way, is the responsibility and property of the author. BrightVibe is committed to keeping the Service in decent standing for all audiences but is not responsible for the monitoring or filtering of any journal Content. Within the confines of international and local law, Brightvibe.com will generally not place a limit on the type, or appropriateness of user content within any posted opinions/reviews or any other offered content. Those users posting material not suitable for all audiences must agree that they are fully responsible for all the content they have posted anywhere on the service. Should content be deemed illegal by such law having jurisdiction over the user, Brightvibe.com is committed to submitting all necessary information to the proper authorities; 2. Should any Content be reported to Brightvibe.com as being offensive or inappropriate, Brightvibe.com might retract the Content in question, as set forth by the Brightvibe.com staff. Brightvibe.com has the full authority to terminate any such reported and verified inappropriate content. Brightvibe.com, however, is under no obligation to restrict or monitor publicly posted Content in any way; 3. Brightvibe.com claims no ownership or control over any Content posted by its users. The author retains all patent, trademark, and copyright to all Content posted within available fields, and is responsible for protecting those rights, but is not entitled to the help of the Brightvibe.com staff in protecting such Content. The user posting any Content represents that the poster has all rights necessary to post such Content (and for BrightVibe to serve such Content) without violation of any intellectual property or other rights or any laws or regulations; 4. You acknowledge that Brightvibe.com does not pre-screen Content, but that Brightvibe.com and its designates shall have the right (but not the obligation) on their sole discretion to refuse or remove any Content that is available through the Service. Without limiting the foregoing, Brightvibe.com and its designates shall have the right, but not the obligation, to remove any content that violates the TOS or is otherwise objectionable, or that infringes or is alleged to infringe intellectual property rights. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

X.

BRIGHTVIBE.COM PROPRIETARY RIGHTS

You acknowledge and agree that the Service, and any necessary software used in connection with the Service (referred to as "Software"), may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. All Brightvibe code and specifications, and all other code and specifications for the Software and the operation of the Service, are subject to their express or implied licenses. Submission of Unsolicited Ideas and Information Brightvibe.com does not want to receive confidential or proprietary information from you through this Site or by email. Unless otherwise agreed in writing by an authorized Brightvibe.com representative, any material, information or idea you transmit to Brightvibe.com by any means may be disseminated or used by Brightvibe.com or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our privacy policy. Trademarks A partial list of U.S. trademarks owned by Brightvibe.com follows. Any questions concerning the use of these trademarks or whether a trademark that does not appear on this list is a trademark of Brightvibe.com should be referred to BrightVibe Staff at [scott] [@] [brightvibe.com]. Failure of a mark to appear on this page does not mean that Brightvibe.com does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.

• BrightVibe
• BrightVibe logo

XI.

USER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Brightvibe.com does not control Content posted via the Service on bullitin boards or comments pages and, as such, does not guarantee the validity of such Content. You also understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be Brightvibe.com's sole discretion as to what action should be taken. You agree to NOT use the Service to: 0. Upload, post or otherwise transmit any content that is in Brightvibe.com's opinion to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; 1. Harm minors in any way, as seen by Brightvibe.com or applicable law; 2. Impersonate any person or entity, including, but not limited to, a Brightvibe.com staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with a person or entity; 3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 4. Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 5. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 6. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 7. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; 9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 10. "Stalk" or otherwise harass another person or company; 11. Collect or store personal data about other users for business purposes; 12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices; 13. Use Brightvibe.com as a forwarding service to another website; 14. Allow usage by others in such a way as to violate Brightvibe.com's TOS; 15. Engage in commercial activities within BrightVibe or on behalf of Brightvibe.com without prior approval. This includes, but is not limited to, the following activities: a. Displaying a banner that is designed to profit you or any other business or organization; and b. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites. If any person is reported to be in violation with the letter or spirit of these terms, Brightvibe.com retains the right to terminate any postings that person has previously made and ban them from posting anything further on Brightvibe.com for an indefinite amount of time.

XII.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE INFORMATION IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIGHTVIBE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) BRIGHTVIBE.COM MAKES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRIGHTVIBE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

XIII.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHTVIBE.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIGHTVIBE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

XIV.

GENERAL INFORMATION

The TOS constitutes the entire agreement between you and Brightvibe.com and governs your use of the Service, superseding any prior agreements between you and Brightvibe.com (including, but not limited to, any prior versions of the TOS) and any prior representations by Brightvibe.com. The laws of the State of Texas, U.S.A, shall govern the TOS and the relationship between you and Brightvibe.com. without regard to its conflict of law provisions. You and Brightvibe.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cedar Hill, Texas U.S.A. The failure of Brightvibe.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

XV.

VIOLATION

To report violations of the TOS or abuse of the information here provided contact us at

XVI.

REVISIONS

Brightvibe.com may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.