1. Limitation of Liability
1.1 THE FEATURES AND SERVICES ON THE TURKİSHEXPORTER.NET SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND TURKİSHEXPORTER.NET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
1.2 TURKISHEXPORTER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE. TURKISHEXPORTER DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TURKİSHEXPORTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE TURKISHEXPORTER.NET SITE.
1.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from Turkishexporter.net or through or from the Site shall create any warranty not expressly stated herein.
1.4 Under no circumstances shall Turkishexporter.net be held liable for an delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
1.5 Each User hereby agrees to indemnify and save Turkishexporter.net, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Site (including but not limited to the display of such User's information on the Site) or from its breach of any of the terms and conditions of this Agreement. Each User hereby further agrees to indemnify and save Turkishexporter.net, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Turkishexporter.net, including but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User hereby further agrees to indemnify and save Turkishexporter.net, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that Turkishexporter.net is not responsible and shall have no liability to it, for any material posted by others, including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with each User. Turkishexporter.net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Turkishexporter.net in asserting any available defenses.
1.6 Turkishexporter.net shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
* the use or the inability to use the Site;
* any defect in goods, samples, data, information or services purchased or obtained from a User or a third-party service provider through the Site;
* violation of Third Party Rights or claims or demands that Users' manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
* unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the Site; or
any matters relating to Premium Services however arising, including negligence.
2. Intellectual Property Rights
2.1 Turkishexporter.net is the sole owner or lawful license of all the rights to the Site and the Turkishexporter.net Content. The Site and Turkishexporter.net Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and Turkishexporter.net Content shall remain with Turkishexporter.net, its affiliates or licensors of the Turkishexporter.net Content, as the case may be. All rights not otherwise claimed under this Agreement or by Turkishexporter.net are hereby reserved.
2.2 “KOBI A.S.”, “TURKISHEXPORTER”, “TURKISHEXPORTER.NET”, and related icons and logos are registered trademarks or trademarks or service marks of KOBI A.S. Corporation in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
3.1 All notices or demands to or upon Turkishexporter.net shall be effective if in writing and shall be duly made when sent to KOBI A.S. in the following manner: to Turkishexporter.net KOBI A.S., Feritpasa District Kule Street KulePlaza Floor: 29 No: 48 Selcuklu 42040 Konya / TURKEY
Attn: Legal Department.
3.2 All notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Turkishexporter.net, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when Turkishexporter.net is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or immediately upon Turkishexporter.net's posting such notice on an area of the Site that is publicly accessible without charge.
4.2 Turkishexporter.net and the User are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
4.3 If any provision herein is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
4.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
4.5 Turkishexporter.net's failure to enforce any right or failure to act with respect to any breach by a User under these terms and conditions will not waive that right nor waives Turkishexporter's right to act with respect with subsequent or similar breaches.
4.6 Turkishexporter.net shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Premium Services to any person or entity.
4.7 The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of Turkey.