Terms of Use
By accessing https://www.wildernesswithryan.com (“the Website”), you acknowledge that you
have read and understood these Terms of Use, and agree to be bound thereby. The information
provided on the Website, and on all related social media pages (collectively referred to as “the
Content”), is for entertainment purposes only and is not intended to serve as a guide or as
instructions on visiting the various locations referred to in the Content (“the Locations”).
Backcountry hiking and exploration of the Locations is dangerous and there is significant risk of
serious injury and death when taking part in these activities. You agree that neither the Website, its owners, members, agents, officers, employees, contributors, nor any of its affiliates, shall be liable for any injuries, claims, damages, or losses suffered by you or your estate, and in any way related to your use of or reliance on the Content, or for any expenses (including reasonable attorney fees and cost) related thereto. You agree to always consult with and seek the advice of the relevant park authorities, if any, before attempting to access any of the Locations, and agree that any attempt to access the Locations is done so at your own risk.
1. INDEMNITY
You agree to defend, indemnify and hold harmless the Website, its owners, members, agents,
officers, employees, contributors and affiliates from and against any and all injuries, claims,
damages, losses and expenses (including reasonable attorney fees and cost) arising from: (i) your use of and access to the Content; (ii) your violation of any term of this Agreement; (iii) your
violation of any third-party right, including without limitation any right of privacy or Intellectual
Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or
damages that arise as a result of your use of or reliance on the Content.
2. NO WARRANTY
USE OF, OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. THE CONTENT IS
PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, THE WEBSITE, ITS OWNERS, ITS AFFILIATES,
AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR CORRECT; THAT THE CONTENT WILL MEET YOUR REQUIREMENTS;
THAT THE LOCATIONS ARE ACCESSIBLE; THAT ACCESSING THE LOCATIONS IS
SAFE; THAT ANY DEFECTS OR ERRORS IN THE CONTENT WILL BE CORRECTED; OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY
CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA,
INCLUDING USER CONTENT, THAT RESULTS FROM SUCH DOWNLOAD OR YOUR
USE OF THE CONTENT.
THE WEBSITE AND ITS OWNERS DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY ON THE WEBSITE, OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND THE WEBSITE AND ITS OWNERS WILL NOT BE A PARTY
TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-
PARTY PROVIDERS OF PRODUCTS OR SERVICES.
​
3. THIRD-PARTY LINKS, SITES AND SERVICES
The Content may contain links to other websites, advertisers, services, special offers, or other
events or activities that are not owned or controlled by the Website or its Owners. Because the
Website and its Owners have no control over such sites and resources, you acknowledge and agree that the Website and its Owners are not responsible for the availability of such external sites or resources, and do not endorse and are 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 the Website and its Owners 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. You understand that these Terms of Use do not apply to your use of such sites.
4. INFORMATION ON SITES
The Content, including the information, data, text, graphics, images, sound recordings, audiovisual works and other materials provided by the Website, its licensors, or by you, may contain technical inaccuracies or typographical errors. You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any portions of the Website or Content without the Website’s prior written consent. The Website may remove, change, or update Content without notice. The Website may also make improvements and/or changes to the Content at any time without notice to you.
The Website assumes no responsibility regarding the accuracy of the Content and your use of such Content is at your own risk. The Website provides no assurances that any reported problems may be resolved with the use of any Content.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE WEBSITE, ITS OWNERS, MEMBERS, AGENTS, OFFICERS, EMPLOYEES,
CONTRIBUTORS OR AFFILIATES BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE
CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS
OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS
OF (IN THE AGGREGATE) $100, EVEN IF THE WEBSITE OR ITS OWNERS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
​
6. GOVERNING LAW AND ARBITRATION
a. Governing Law. You agree that: (i) the Content shall be deemed solely based in Ohio; and
(ii) the Content shall not give rise to personal jurisdiction over the Website or its Owners, either
specific or general, in jurisdictions other than Ohio. This Agreement shall be governed by the
internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in the county nominated by the Website or its Owners in their sole discretion and within the state of Ohio or the appropriate United States District Court, for any and all actions related to, or arising from the Content or these Terms of Use.
b. Arbitration. For any dispute arising from the Content or these Terms of Use, you agree to
first contact us at ryan@wildernesswithryan.com and attempt to resolve the dispute with us
informally. If the dispute cannot be so resolved, we each agree to resolve any claim, dispute, or
controversy (excluding any claims for injunctive or other equitable relief) arising out of or in
connection with or relating to these Terms of Use, or the breach or alleged breach hereof
(collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA")
under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related
Disputes then in effect for the AAA, except as provided herein. Unless agreed otherwise, the
arbitration will be conducted in Hamilton County, Ohio. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's rights.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE
ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU
AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT
TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
7. MISCELLANEOUS TERMS
a. No Agency; Waiver. No agency, partnership, joint venture, or employment is created as a
result of these Terms of Use and you do not have any authority of any kind to bind the Website or its Owners in any respect whatsoever. The failure of either party to exercise in any respect any
right provided for herein shall not be deemed a waiver of any further rights here under.
b. Notification. The Website or its Owners may provide notifications, whether such
notifications are required by law or are for other business purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Website. The Website and its Owners reserve the right to determine the form and means of providing notifications to you. The Website and its Owners are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
c. Entire Agreement/Severability. These Terms of Use, together with any amendments and
any additional agreements you may enter into with the Website or its Owners in connection with
the Content, shall constitute the entire agreement between you, the Website and its Owners
concerning the Content. If any provision of these Terms of Use is found to be unenforceable or
invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the
Terms of Use shall otherwise remain in full force and effect and enforceable.
d. Assignment. The Terms of Use are not assignable, transferable or sub-licensable by you
except with the Website or its Owners’ prior written consent. The Website and its Owners may
transfer, assign or delegate these Terms of Use and their rights and obligations without consent.
e. Contact. Please contact us at ryan@wildernesswithryan.com with any questions regarding
this Agreement.