Terms of Use Agreement

Harbinger Knowledge Products Private Limited maintains this web site as a service to the visitors and YawnBuster customers. By using this site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain goods or products from this site.

1. Acceptance of Agreement
Welcome to the YawnBuster.com website (the "Site"). This site is owned by Harbinger Knowledge Products Private Limited ("YawnBuster" or "us"). These Terms of Use ("Terms") apply to your use of the Site. If you wish to use the Site, even if you only browse the Site, you must agree to these Terms. If you do not agree to the Terms, any use of the Site by you is unauthorized and you should stop accessing the Site immediately. Your continued use of the Site will constitute assent to these Terms.

2. Copyright and Limited Right to Use
The information, video, audio, pictures, animation, digital conversion and other matters related to the YawnBuster site are protected by copyright laws. You may only access and use the information for personal purpose. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited without express written consent of harbinger Knowledge Products Private Limited.

3. Editing, Deleting and Modification
Harbinger Knowledge Products Private Limited reserves the right to edit or delete any documents, information or other content appearing on the Site.

4. Indemnification
You agree to indemnify, defend and hold harmless YawnBuster and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your violation of this Agreement or use of the Site.

5. Disclaimer and Limits
YOU AGREE THAT THE Site IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. YawnBuster does not warrant that the Site will be available at any given time, secure, accurate or free of error. You use the Site at your own risk, and you assume the risk that the Site may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system. YawnBuster makes no warranty of any kind with respect to user-generated Content, and specifically disclaims the implied warranties of merchantability, fitness, accuracy and non-infringement with respect to such Content. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL YawnBuster BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF YawnBuster IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, the potential liability of YawnBuster to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to YawnBuster for your use of the Site.

6. Our Content: Copyrights and Trademarks
Other than Content posted by users, all content of this site is the property of YawnBuster or its content suppliers, and is protected by copyright laws and international treaty provisions. The compilation of such content is also the exclusive property of YawnBuster, and is likewise protected by U.S. and international copyright laws. The name "YawnBuster" and the YawnBuster Logo are registered trademarks of Harbinger Knowledge Products Private Limited or its affiliates and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by YawnBuster that appear on this site are the property of their respective owners.

7. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

8. Controlling Law
This Agreement shall be treated as though it were executed and performed in accordance with the substantive laws of India. All disputes arising out of this service/ Site shall be subject to the exclusive jurisdictions of state courts of Maharashtra, India.

9. Entire Agreement
These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Site, other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.