MG Coaching, LLC (“MG”) welcomes you to www.mikkigardner.com (the “Website”). The following terms and conditions (the “Terms and Conditions”), together with any documents they incorporate by reference, including without limitation the Privacy Policy and Terms of Sale (collectively, these “Terms of Use”), govern your access to and use of the Website. MG may revise these Terms and Conditions at any time, without notice to you, such changes to be effective immediately upon posting on the Website. If you do not agree to the Terms and Conditions, the Privacy Policy, the Terms of Sale or any other Terms of Use, you are not granted permission to access or use this Website and must exit immediately.

BY ACCESSING, VIEWING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THE TERMS OF USE, INCLUDING THE PRIVACY POLICY (WHICH ARE INCORPORATED BY REFERENCE HEREIN), AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. You agree that the Terms of Use, combined with your act of using the Website, has the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature. You further agree that you shall not challenge the validity, enforceability, or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized.

LIMITED LICENSE

You may access and view the content on the Website on your computer or other device. Unless otherwise specifically indicated in these Terms and Conditions, use of the Website and the products or services offered on or through the Website are only for your personal, non-commercial use.

PROPIETARY RIGHTS AND OWNERSHIP

As between you and MG, MG (or its affiliates, subsidiaries, providers, or third party licensors, as applicable) owns, solely or exclusively, all rights, title and interest, worldwide, in and to the Website, all data, content, graphics, artwork, images, photographs, code, audio clips, video clips, software and other material on, in or made available through the Website (the “Website Material”), as well as the look and feel, design, selection, coordination, arrangement, and organization of the Website Material (together with the Website Material, the “Website Proprietary Content”), including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Under no circumstances will you have any rights of any kind in or to the Website or the Website Proprietary Contents, other than the right to view or use the Website in accordance with these Terms and Conditions. The entire contents of this Website are protected by U.S. and international copyright and trademark laws. Except as provided herein, MG does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information. Reliance on any information provided by MG, MG employees, or others appearing on the Website at the invitation of MG, or other visitors to the Website is solely at your own risk.

To the extent applicable, all comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to MG on or by the Website or otherwise disclosed, submitted or offered in connection with your use of the Website (collectively, “Submissions”) shall be and remain MG’s property. Such disclosure, submission or offer of any Submission shall constitute an assignment to MG of all worldwide right, title and interest in all copyrights and other intellectual properties in the Submission meaning MG shall be free to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website (such as bulletin boards, forums, and newsgroups) . MG is and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay to any user any compensation for any Submissions; or (3) to respond to any user Submissions. You agree that none of the Submissions submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that none of the Submissions submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Submissions made by you. You also grant to the Website the right to use your name in connection with any of your publicly submitted Submissions on or through the Website for its advertising, marketing and promotional purposes. You agree that you shall have no recourse against MG or the Website for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions on, to, or through the Website.

Without limiting the generality of the foregoing, MG shall have the right to:

1. Remove or refuse to post any Submissions for any or no reason in its sole discretion;
2. Take any action with respect to any Submissions that MG deems necessary or appropriate in its sole discretion, including if MG believes that such Submission violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for MG;
3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and/or
5. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, MG has the right to fully cooperate with any law enforcement authorities or court order requesting or directing MG to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS MG AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

PROHIBITED USES

All users who access, view or otherwise use the Website agree not to do any of the following:

1. Submit, transmit, post or publicly display material or information which is (1) incomplete, false, inaccurate; (2) indecent, hateful, discriminatory or inflammatory, which will infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime; or (3) misleading, deceptive, defamatory, obscene, sexually explicit, threatening, abusive, harassing or menacing, harms minors in any way, or promotes illegal or harmful activities, products or substances, or breaches any applicable local, national or international law or regulation;
2. Use the Website for any purposes related to marketing, solicitation, or commercial exploitation of any image or other Website Material without express prior written consent from MG, including any commercialized reproduction, distribution, publishing, or creation of derivative works, which is strictly prohibited;
3. Use the Website to copy, publish or send mass mailings or spam;
4. To interfere in any way with the Website’s or attempting to use the Website’s service to gain unauthorized access to any other computer system;
5. Access, tamper with, or use non-public areas of MG’s services, MG’s computer systems, or the technical delivery systems of MG’s service providers;
6. Interfere with the normal operation of the Website or other users’ access of the Website, including transmitting any viruses or harmful code, flooding the Website with excessive requests or traffic, or taking any other action that creates (in MG’s sole estimation) an unreasonable or disproportionately large load on MG’s servers or systems;
7. Use any robot or any automatic or manual process to monitor or extract data from the Website without MG’s express prior written permission;
8. Use any meta-tags or other hidden text or metadata containing any MG trademark, service mark, product name, or URL without MG’s express prior written permission;
9. Breach, disable or circumvent any security or authentication measures on or in connection with the Website;
10. Use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any MG trademark, service mark, product name, or logo, or to the look and feel of the Website; or
11. Remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Website Proprietary Content. MG will have the right to investigate and prosecute violations of any of the foregoing to the fullest extent of the law.

MG cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, to the fullest extent permitted by applicable law, MG assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

DISCLAIMER OF WARRANTY

You expressly agree that use of this Website is at your sole risk. Neither MG, its affiliates or subsidiaries, nor any of their respective members, managers, officers, directors, employees, agents, third-party content providers, suppliers, or licensors (collectively, “Providers”), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Website Material, content, products, or services on this Website.

The Website Material may contain errors, omissions, inaccuracies, or outdated information. Further, MG does not warrant reliability of any statement or other information displayed or distributed through the Website. MG reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. MG may make any other changes to this Website, the Website Material and the products, programs, services, or prices (if any) described in this Website at any time without notice.

THIS WEBSITE AND THE WEBSITE MATERIAL ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. MG MAKES NO REPRESENTATIONS, WARRANTIES, OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE WEBSITE MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MG EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE WEBSITE MATERIALS OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS OF USE.

MG is not a health care professional – if you need any manner of medical advice for you or your children, please immediately leave the Website and go to the doctor. The content of the Website is for informational purposes only and has absolutely no professional medical advice, diagnosis, treatment, or recommendations of any kind. You should always check with your doctor with any questions or concerns about your individual needs, the needs of your children, and any medical conditions occurring in your family. We are not qualified to, and absolutely do not, provide any medical recommendations or endorsements of specific tests, physicians, products, procedures, opinions, or other similar information that may be included on the Website. Reliance on any information that appears on the Website, whether provided by us, our content providers, our partners, or others, is solely at your own risk.

LIMITATION OF LIABILITIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT MG AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL MG OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE MATERIAL ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THE TERMS OF USE, REGARDLESS OF WHETHER MG OR ITS AFFILIATES, SUBDISIARIES, LICENSORS, PROVIDERS OR THE LIKE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LINKS AND DISCLAIMERS

You understand that, except for information, products or services clearly identified as being supplied by MG, MG does not operate, control or endorse any website, information, products or services on the Internet in any way. Information, products, websites, or services listed on, or linked to, the Website may be offered by third parties, that are not affiliated with MG. As a convenience to you, MG may provide on this Website links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Website. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. Additionally, MG cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by MG. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by MG. MG does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by MG. Links do not imply that MG or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of MG or any of its affiliates or subsidiaries. Except for links to information authored by MG, MG is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. MG reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

Additionally, MG may select certain websites as priority responses to search terms you enter, and MG may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. MG does not recommend and do not endorse the content on any third-party websites. MG is not responsible for the content of Linked Sites, sites framed within the Website, third-party sites provided as search results, or third-party advertisements and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms of use for such sites. MG does not endorse any product advertised on the Website.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MG and MG’s Providers from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Website, violation of the Terms of Use, violation of any law or regulation, or violation of any proprietary or privacy right.

CHANGES

MG reserves the right to change, modify, add, remove or discontinue any and all of the Website Materials or the Website in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time in MG’s sole discretion. MG will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by MG to the Website or any of the Website Materials.

MG may revise the Terms of Use at any time and you agree to be bound by the revised Terms of Use. Any such modifications will become effective on the date they are first posted to this Website. It is your responsibility to return to the Terms of Use from time to time to review the most current terms and conditions. MG does not and will not assume any obligation to notify you of changes to the Terms of Use.

By continuing to use the Website after any changes to the Website, Website Materials, or Terms of Use becomes effective, you agree to such changes and/or the updated Terms of Use. If you do not agree to any changes made by MG to the Website, Website Materials, or Terms of Use, you will no longer be permitted to use the Website.

LIMITATIONS ON CLAIMS

Any cause of action you may have with respect to your use of this Website must be commenced within six (6) months after the claim or cause of action arises.

TERM AND TERMINATION

Without limiting its other remedies, MG may immediately discontinue, suspend, terminate, or block your and any user’s access to this Website at any time in MG’s sole discretion.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

MG is incorporated in the State of Michigan in the United States. The Terms of Use are governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. MG makes no representation that the materials are appropriate or available for use outside the United States. Access to the Website or Website Materials may not be legal by certain persons or in certain countries. If you access this Website from outside the United States, you do so at your own risk and will be responsible for compliance with all local laws in your jurisdiction. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Oakland County, Michigan, U.S.A. for any disputes with MG arising out of your use of this Website.

PRIVACY POLICY

Click here to access our Privacy Policy governing the use of information that MG obtains from you through your use of this Website.

ENTIRE AGREEMENT

The Terms of Use constitute the entire agreement between MG and you with respect to this Website, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MG with respect to this Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, of the Terms of Use to be unenforceable, that provision, or portion thereof, shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from MG solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

SURVIVAL

The following provisions shall survive the expiration or termination of these Terms of Use for any reason whatsoever: Proprietary Rights and Ownership; Disclaimer of Warranty; Limitation of Liability; Limitations on Claims; Links and Disclaimers; Indemnification; Controlling Law, Jurisdiction, and International Users; Changes; Entire Agreement; Electronic Communications and Electronic Signatures; and Survival.

Dated: July 2020