TERMS AND CONDITIONS OF USE AND LEGAL NOTICES
OF THE FORT TROFF WEBSITE

By entering the Fort Troff website, you acknowledge and agree to the following terms and conditions. If you do not agree to these terms and conditions, do not enter and use this website. This legal information and the terms and conditions are applicable to all pages of the Fort Troff website. Fort Troff, and its parent and affiliated companies, here and after generally referred to as "Fort Troff" reserves all rights afforded by the laws of the state of Georgia, and of the United States, and specifically reserves its rights, claims, and defenses for any omission from the contents of this notice to users of the Fort Troff website.

You acknowledge that you are a legal adult in your jurisdiction, and in no circumstance are you below the age of 21 years. You acknowledge and agree that you are entering this site freely and voluntarily; you are not offended by material that is of a sexual nature, including but not limited to adult nudity, adult language, homosexuality, fetish activities and images, sado masacism (S/M), bondage, or other activities. You acknowledge and agree not to disclose or otherwise present the content in any manner to any minor or person under the age of 21 years of age, and that you assume all liability and consequences for such disclosure or presentation. You acknowledge and agree not to disclose or otherwise present the content in any manner to any person who might find the contents of this website objectionable. You acknowledge that you are authorized to view the material presented on this website on the computer, network, and internet service provider you are utilizing to access this website and that you assume all liability and consequences for your entering this site. You acknowledge and agree that you are not accessing this site from any state, province, country, or other legal jurisdiction where the viewing of the contents of this website is considered illegal, and that you assume all liability for any legal violations, of whatever cause or nature, for your voluntary entry into this website.

You acknowledge and agree that Fort Troff reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information and materials contained on this website. You further acknowledge and agree that by entering this website you will be bound by any such revisions to the website and that Fort Troff has encouraged you to periodically visit the website and this page to review these terms and conditions.

E-mail, Spam, Privacy, Removal instructions

If you elect to provide your email address to Fort Troff, you do so freely and voluntarily, and you agree to the complete Terms and Conditions of Use as compiled here. Further, if you voluntarily provide your email address to Fort Troff you acknowledge and agree that any email sent to you by Fort Troff is NOT SPAM, has been solicited by you with your consent, and is not required to provide you with any warning concerning the contents of the email being sent as potentially being "sexually explicit" as described in 15 U.S.C 7701, et seq.; Pub. L. 108-187, and 16 C.F.R. Part 316; you acknowledge and agree that you have solicited such emails from Fort Troff and hereby waive any and all claims against Fort Troff for any allegation of violation of the aforementioned federal laws, or any other law propagated by any state, province, or other legal governing or rule making body which is similar in context.

Fort Troff. will not sell email addresses to any third party that are compiled from submissions to this site to be used for commercial purposes. Fort Troff will occasionally send periodic newsletters which may be of interest to you concerning upcoming events, merchandise releases, sales, etc.

IF AT ANY TIME YOU WISH TO BE REMOVED FROM FORT TROFF’S EMAIL LIST, simply place the word "REMOVE" in the subject heading of an email, that originates from the email address that you wish to have removed, and send it to WEBMASTER@FORTTROFF.COM

Intellectual Property Ownership

You acknowledge and agree that Fort Troff is the copyright owner of this website and that no portion of this website, including, but not limited to the trademarks, servicemarks, artwork, photographs, text, images, audio and/or video, may be used in any manner or for any purpose by you, without Fort Troff's express written permission. Any modification, reposting or use of the materials on this website by you for any other purpose violates Fort Troff’s legal rights in this copyrighted and/or trademarked work.

You acknowledge and agree that the Fort Troff name and other contributor designations, trademarks, logos, sound, graphics, photographs, drawings, text, video, images of places or people and other materials represented on this website are owned or licensed by Fort Troff. Your use of any of these materials is prohibited unless you have obtained prior written approval from Fort Troff. Any unauthorized use of these materials by you may subject you to penalties or damages, including, but not limited to infringement of Fort Troff and others parties' copyrights, trademarks, privacy rights, publicity rights, and/or other intellectual property rights. Fort Troff will enforce its intellectual property rights to the full extent of the law.

By the action of any unauthorized copying, duplication, or any other form of reproduction from this website for any commercial purpose, without the express written permission from the Fort Troff or authorized license, shall immediately constitute a full and complete waiver of any jurisdictional defense the acting party may have, and said party hereby agrees and consents to be subject to the jurisdiction of the Federal District Court for the Northern District of Georgia and the State Courts of Georgia located in Atlanta, Fulton County, Georgia in any action filed by the Fort Troff in prosecuting any unauthorized reproduction.

Other works appearing on this website, not belonging to the Fort Troff, are used with the permission of the owners and they retain their respective intellectual property rights.A

Any voluntary submission, both solicited or unsolicited by Fort Troff, by you to this website by either electronic or any other means shall become the property of Fort Troff. You agree that Fort Troff is under no obligation to return such materials to you for any reason, and you further consent to the use of your submission (photographs, text, product samples, etc.) by Fort Troff as it deems appropriate, without compensation of any kind unless otherwise mutually agreed in advance of such submission(s).

Use of this Site at Own Risk

You acknowledge and agree that your use of this website is at your own risk and that none of the parties involved in creating, producing, or delivering this website is liable for any direct, indirect, incidental, consequential or punitive damages, or any losses, costs or expenses of any kind (including attorney’s fees, and/or other fees or expenses ) which may arise, directly or indirectly, through the access to, the use of, or the browsing in this site or through your downloading of any materials, text, data, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

No Warranty of Accuracy of Information / Links to Other Websites

You acknowledge and agree that while Fort Troff will make reasonable efforts to ensure that the information in the website is correct and that even though the schedules, times, locations, and other information contained in the Fort Troff website are based upon current information, Fort Troff cannot guarantee the accuracy of the information and makes no warranties or representations as to its accuracy. All content and information contained in this website are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement. Any and all prices for goods for sale are subject to change without notice.

You acknowledge and agree that although this website may be linked to other websites, Fort Troff is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked website, unless specifically stated in this website. Fort Troff has not reviewed all websites linked to this website and is not responsible for the content of any other website linked to this website. Any linking by you to any other websites is at your own risk and you acknowledge and agree that Fort Troff shall not be liable for any harm caused to you, of any cause or nature, as a result of your access to such site.

Unlawful Content and Behavior

You acknowledge and agree that you will not post on this website, or transmit to this website, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Fort Troff or other parties are involved in creating, producing or delivering this website, may monitor or review transmissions, postings, or discussions, Fort Troff assumes no responsibility or liability which may arise from such content, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

Application of Laws

You acknowledge and agree that although the information and materials on the Fort Troff website may be read throughout the world, this website is designed and intended for use in the United States and your entrance into this website will be construed and evaluated according to the laws of the United States. If you access this website from another country, you are responsible for compliance with any and all applicable local laws. If the information and materials in the website do not conform to the laws of the country where you access the website, the information is not meant for you. Fort Troff makes no representation that the information and materials contained in this website are appropriate for countries outside the United States.

Secure Server Pages / Online Application Pages

Some of the pages requiring information are certified as Secure Sockets Layer (SSL) pages. Fort Troff appreciates the importance of providing a secure environment on its website for the purpose of providing credit card information to process orders and applications and Fort Troff will take all reasonable and customary steps to protect the information provided. Please use all means to protect your personal information, particularly if you are using a shared computer.

Severability

The invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the validity or enforceability of any other provision. Any invalid or unenforceable provision shall be deemed severed from these Terms and Conditions to the extent of its invalidity or unenforceability, and these Terms and Conditions shall be construed and enforced as if the Terms and Conditions did not contain that particular provision to the extent of its invalidity or unenforceability.

Limitation of Liability

You acknowledge, understand, and agree that in no event shall Fort Troff and its parent and affiliated companies be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including but not limited to personal injuries, arising out of or connected with the use or misuse of the products sold on this website. Buyer assumes all risks and liabilities associated with the use of any and all products purchased. Notwithstanding the foregoing, buyer irrevocably acknowledges, understands, and further agrees to liquidate and limit any such damage claims, regardless of value, cause, or result not to exceed to the total purchase price plus any shipping and handling charges of said product.

Indemnity

You agree to hold harmless, defend and further indemnify Fort Troff, its parent and affiliated companies, officers, employees, and agents from and against any claims, actions or demands, including without limitation reasonable Legal or other professional fees, alleging or resulting from your use of the site (including software) or your breach of the terms of this agreement.

All content appearing on this website is intended for distribution exclusively to consenting adults in locations where such content does not violate any community standards or any federal, state, or local laws, rules or regulations of the United States or any other country. Persons under the age of 21 years may directly or indirectly view or possess any of the contents appearing on this website or place any order for any goods or services advertised on this website. YOU HEREBY REPRESENT AND CERTIFY YOU ARE OVER THE AGE OF 21 YEARS.

This Agreement contains the entire agreement between you and Fort Troff and its parent company regarding your use of the site and all matters directly and indirectly related thereto.

(21 June 2005)