Bryan McFarland owns and operates the Bryan’s Adventure Blog site hosted on Wix on which these terms and conditions of use appear (collectively, including all content, “Website”). Your continued access and use of the Website is conditional on your acceptance and compliance with the terms and conditions of use set out below (this “Agreement”). This Agreement will govern your use of any new or existing Website features (together, the “Services”). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMERS, OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, AND BINDING ARBITRATION.

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By accessing, browsing, using and/or downloading the pages in this Website, you agree to accept and comply with this Agreement for each use and visit to this Website. If you do not agree to accept and comply with this Agreement, you should not access, browse, or otherwise use this Website.

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Waiver of Liability

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By accessing, browsing, using and/or downloading the pages in this website, you knowingly and voluntarily waive any and all rights, claims or causes of action of any kind arising out of your use of the Website as well as following any advice, suggestion or opinion documented within the Website or engage in any activity described in the Website.  You’re using the Website at your own risk and engaging in any described activity in the Website at your own risk.  You further agree to indemnify, defend and hold harmless the Website and Bryan McFarland against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by you or anyone on your behalf; including attorney fees, medical fees or any other related costs.  You acknowledge that Bryan McFarland is not responsible for any errors, omissions, acts or failures to act regarding anything within the Website or any activity described within the Website.  You also acknowledge that any injury or loss as a result of participating in any activity described or promoted within the website is a result of your own negligence and not the negligence of the Website or Bryan McFarland.  You acknowledge that the information contained within this website may not be accurate or complete regarding the participation of any activity described in the Website and that it’s your responsibility to self-manage everything associated with safety while conducting your own activities.

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Grant and Restrictions on Use

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All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, the “Content”) comprised in the Website, excluding any User Submissions as defined below (“Site Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by Bryan McFarland and Bryan’s Adventure Blog. Except as expressly provided in this Agreement, no license to use, copy, distribute, republish, transmit or otherwise exploit any Site Content is given to you and all intellectual property rights in and to the Site Content are expressly reserved to Bryan McFarland.

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Account and Subscription

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In order to access some features of the Website, you will have to create an account or subscription. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. By creating an account, you represent and warrant that the information you provide is true and that you will keep it up to date.  You are solely responsible for the activity that occurs on your account, and you must keep your account password confidential and secure. You must notify Bryan McFarland and/or Bryan’s Adventure Blog immediately of any breach of security or unauthorized use of your account.  Although Bryan McFarland will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Bryan McFarland or others due to such unauthorized use conducted by you.

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Acceptable Use

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To register for the Website you may be required to provide certain personal information including your name and email address. You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters.

You are also prohibited from:

(i)  using the Website to send or post harassing, abusive, or threatening messages;

(ii)  transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;

(iii)  attempting to conceal or misrepresent the identity of the sender or person submitting the information;

(iv)  disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants;

(v)  sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;

(vi)  intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website;

(vii)  posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism;

(viii)  posting User Submissions or using the Website in such a way that damages the image or rights of Bryan McFarland, Bryan’s Adventure Blog, other users or third parties;

(ix)  using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Site Content in whole or in part, including, without limitation, creating any frames at any other Websites pertaining to any portions of this Website.

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User Submissions and Conduct

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As a Website account holder or user you may submit textual content, photos, video, and other materials on the Website (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Bryan McFarland and Bryan’s Adventure Blog to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and this Agreement. You agree that you will not impersonate any person or organization, including without limitation, the personnel of Bryan McFarland and/or Bryan’s Adventure Blog, or misrepresent an affiliation with another person or organization. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret, confidentiality agreement, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Bryan McFarland and/or Bryan’s Adventure Blog all of the license rights granted herein. You represent and warrant that Bryan McFarland’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

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For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Bryan’s Adventure Blog, you hereby grant Bryan McFarland a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the User Submissions in connection with the Website and Bryan McFarland’s business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any and all media formats and through any and all media channels now known or hereafter devised, without any compensation or payment of royalties. This license includes the right to host, index, cache, distribute, and tag any User Submissions, as well as the right to sublicense User Submissions to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You also hereby waive any moral rights you may have in your User Submissions and grant each user of the Website a perpetual, irrevocable, non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under this Agreement.

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Release and Indemnity

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Your User Submission is voluntary and subject to the Privacy Policy. You are responsible for the content of the User Submission and agree to defend (at Bryan McFarland’s option and at your sole expense), indemnify and hold Bryan McFarland harmless from any damages, losses, costs, or expenses, including attorneys' fees, which Bryan McFarland may incur as a result of your User Submission. If you are viewing this Website on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off this Website and the computer system you are using to prevent unauthorized User Submissions. Bryan McFarland and/or Bryan’s Adventure Blog retains the right to review, edit, or delete from this Website any User Submission which Bryan McFarland and/or Bryan’s Adventure Blog in its sole discretion considers illegal, offensive, or otherwise inappropriate or may infringe the rights of Bryan McFarland and/or Bryan’s Adventure Blog or any third party without prior notice. Bryan McFarland and/or Bryan’s Adventure Blog may cancel your account and delete all User Submissions associated with your account at any time, and without notice, if it deems that you have violated these Terms, the law, or for any other reason. Bryan McFarland assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account.

Bryan McFarland and/or Bryan’s Adventure Blog does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You also acknowledge and agree that you, and not Bryan McFarland, are entirely responsible for your User Submission and that Bryan McFarland and/or Bryan’s Adventure Blog does not control the User Submissions posted on the Website, as such, does not guarantee the accuracy, integrity or quality of such User Submission. You understand that by using or viewing the Website, you may be exposed to content that is offensive, indecent or objectionable. Bryan McFarland expressly disclaims any and all liability in connection with User Submissions.

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Due to the volume of responses, it may not be possible for us to respond to or publish every User Submission made to the Website.

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Infringement Notices

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If you are the owner of intellectual property rights you believe have been infringed by a user on our website, please contact me immediately.

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Access and Account Termination

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Bryan McFarland reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you.

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Access to Site

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While Bryan McFarland endeavors to ensure that this Website is available at all times, Bryan McFarland will not be liable if, for any reason, this Website is unavailable at any time or for any period.

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Disclaimer

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THE MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS WEBSITE OR ANY INFORMATION OR SOFTWARE THEREIN. BRYAN MCFARLAND DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE, SERVICES, CONTENT, SITE CONTENT, USER SUBMISSIONS, WILL BE AVAILABLE OR ERROR FREE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE.

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Liability

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YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRYAN MCFARLAND, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND AGENTS OF BRYAN MCFARLAND AND/OR BRYAN’S ADVENTURE BLOG OR THAT PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, NOR SHALL BRYAN MCFARLAND BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND BRYAN MCFARLAND’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS WEBSITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL BRYAN MCFARLAND OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF BRYAN MCFARLAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, IF RESIDING WITHIN A JURISDICTION THAT PROHIBITS EXCLUSION OF LIABILITY, YOU ARE NOT PERMITTED TO USE THE WEBSITE AND ANY USE WILL BE CONSIDERED TRESPASSING; FURTHERMORE, YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO ABIDE BY THIS RESTRICTION AND NOT BRYAN MCFARLAND’S RESPONSIBILITY TO POLICE THE WEBSITE’S USE. 

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Governing Law and Attornment

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This Agreement is governed by and will be construed in accordance with the laws of Connecticut. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THIS AGREEMENT SET FORTH HEREIN WILL BE INSTITUTED ONLY IN A LOCAL, STATE , OR FEDERAL COURT LOCATED IN MIDDLESEX COUNTY, CT.  YOU AND BRYAN MCFARLAND AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

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Waiver

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The delay or omission by either party to enforce or exercise any terms or right pursuant to this Agreement will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions, or agreement herein contained.

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Third Party Links

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The Website may contain links to third party websites that are not owned or controlled by BRYAN MCFARLAND and/or Bryan’s Adventure Blog.  Bryan McFarland has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Bryan McFarland will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Bryan McFarland from any and all liability arising from your use of any third-party website including advertisements.

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Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

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Miscellaneous

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If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. This Agreement constitutes the entire agreement between the parties relating to the use of this Website and supersedes and replaces any prior agreement and communication between the parties relating thereto.