The content of the McMillan Running, LLC website, including McMillan Run Team, (“Site”) is provided to you, the user, to broaden your understanding and knowledge of endurance running and racing. This information should not be considered to be exhaustive of a particular topic, and should never be used in place of a visit or call to, consultation with or advice from your physician or other health care provider. We strongly recommend that you consult a health care professional prior to using any information or advice contained in this Site that sets forth, illustrates, or suggests a particular diet, workout regimen, or activity. Further, we do not recommend the self-management of health problems because of the advice or recommendations contained in this Site. You should never disregard medical advice or delay in seeking it because of something you have read in this Site. We do not assume any liability for injuries that may occur while using any information contained in this Site, regardless of whether a doctor was consulted.
McMillan Running, LLC authorizes you to view and use the material on this site solely for your personal, noncommercial use. The content of this site such as text, graphics, images, and other materials (“Materials”), are protected by copyright under both United States and foreign law. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Materials and on any copies you make of the Material for your personal, non-commercial use. You may not sell or modify the Material in any way for any public or commercial purpose. The use of the Material on any other Website or in any networked computer environment for any purpose is prohibited. If you violate the terms of this Agreement, the Company and Service Provider reserve the right to terminate your access to the Site, and you must immediately destroy any copies you have made of the Material.
The Site contains links to other sites. Please be advised that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site.
From time to time we may request information from you through voluntary surveys, contests, and questionnaires. Participation through responding to us through the survey, contest, or questionnaire is completely voluntary. You may choose whether or not to participate and therefore disclose the requested information, and your use of this Site is not based on the disclosure of the requested information. Information requested may include contact information (such as name and shipping address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site. We reserve the right to utilize answers to requested information in order to directly market products and services to you.
European Global Data Protection Regulation
McMillan Running LLC understands Member Registration and Payment Information may be considered Personal Data under European Union Global Data Protection Regulations (GDPR). McMillan Running LLC endeavors to comply with GDPR including, but not limited to, a) protecting your right to have Personal Data collected only after you have specifically taken action to approve the collection of your Personal Data, b) the right to easily access a mechanism to withdrawal that approval and have your Personal Data promptly removed from our proprietary internal database, c) using industry standard best practices to maintain care, custody, and control over the Personal Data we collect, and d) reporting as prescribed by GDPR any breach of Personal Data within 72-hours of our discovery of such breach. McMillan Running LLC believes the nature and scope of the Personal Data it collects does not require the designation of a GDPR Data Protection Officer.
And, we aim to store as little personal information as possible. We store your name and email (and physical address, if necessary, for shipping physical products) in order to process your orders and send you an invoice. If you use the free version of the McMillan Running Calculator we do not collect any personal information about you aside from the optional email address if you provide it.
We do NOT store your credit card information, which is sent directly to our payments provider.
We may share parts of your data with the following 3rd party vendors that we require to make your products and services work:
- WooCommerce and Braintree by PayPal: For processing payments. Your name, email and credit card information is shared with Braintree and never stored anywhere in our system.
- SendGrid: For sending transactional emails. Nothing is explicitly shared with SendGrid.
- Active Campaign: For adding your email to our customers email list when signing up. You are always free to unsubscribe.
- Final Surge: If you are a Run Team member, then your order information is shared with Final Surge in order to provide access to your training plan and Run Team content.
- Google G Suite: For email communication with customers and website analytics.
If you wish to access, modify or delete your data please send and email to firstname.lastname@example.org with your request and we will make sure to process it as quickly as possible. If you have any questions or concerns please contact us using the same email address.
Payments, Fees and Renewals
If you choose to elect to pay membership fees for McMillan PRO or McMillan Run Team, you are obligated to pay membership fees on a monthly or annual basis. Membership fees will be billed automatically to the Payment Method and will renew automatically until membership is terminated. You authorize McMillan Running to charge your designated Payment Method for the membership charges and fees. McMillan Running reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on this Site. Purchases of membership to McMillan PRO and McMillan Run Team are final and non-refundable for any unused portions of your membership period.
You may cancel your membership to McMillan PRO or McMillan Run Team at any time by contacting email@example.com. Cancellation of your membership will go into effect at the end of your current billing cycle.
McMillan Running reserves the right to refuse or cancel service, terminate accounts and subscriptions at its sole and absolute discretion. You agree that McMillan Running shall not be liable to you or any third party for any termination of your account or access to the Site.
As a user of the Site, you alone are responsible for maintaining the confidentiality of your credentials to log onto the Site. You understand and agree that you are fully responsible for any and all content you upload to the Site. You understand that McMillan Running does not control the content posted to the Site by other users and makes no warranties as to the accuracy of such content. You agree to use caution when personally identifying yourself in any Content on the Site.
You agree not to post content to the Site that is unlawful; harmful, abuse, tortious, or vulgar; in violation of a contractual or fiduciary relationship; in violation of another’s patent, trademark, trade secret, copyright or other proprietary rights; promotional in nature for any third party service; or interferes with the functionality of the Site.
You acknowledge that McMillan Running reserves the right, in its sole and absolute discretion, to monitor and reject any Content that is available on the Site and that violates the Terms or is otherwise objectionable.
Content Submitted to the Site
McMillan Running does not own the Content that you submit to the Site. However, but agreeing to these Terms and Conditions, McMillan Running is granted a perpetual, irrevocable license to use and distribute any Content on the Site for any purpose.
McMillan Running disclaims any and all responsibility to maintain and store a user’s content on the Site once the user cancels his or her subscription to the Site.
Interaction with Site Users
McMillan Running has no control over the truth, accuracy, quality, legality, or safety of postings made by users of the Site. McMillan Running shall have no responsibility to confirm or verify the qualifications, background, or abilities of users of the Site. It is your responsibility to exercise common sense and prudence when dealing with any other site user.
You agree to indemnify and hold McMillan Running and its affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Site, your use of the Site, your reliance on any Content on the Site, your connection to the Site, your violation of the Terms, or your violation of any rights of another person or entity.
Any dispute concerning the parties’ rights and responsibilities under this Agreement which the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in San Francisco, CA, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into San Francisco Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.
Governing Law and Severability
This Agreement shall be governed and interpreted in accordance with California law. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Communications and notices required or permitted under this Agreement shall be deemed delivered when hand-delivered to the receiving person, or when mailed, certified mail, return receipt requested, in first class U.S. mail, to the addresses specified in the Agreement, or when faxed to the fax number or electronically transmitted to the Internet address specified, with hard copy mailed within three (3) days thereafter in the manner set forth above. The contact person and addresses for communications and notices are set forth in the Agreement. Any party may change its address for purposes of this notice provision by giving notice in the manner prescribed above.
Neither party shall be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to acts of God, public enemy, civil war, strikes or labor disputes, or any other cause beyond the parties’ reasonable control. Each party agrees to notify the other party promptly of the occurrence of any such cause and to carry out this Agreement as promptly as practicable after such cause is terminated.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCMILLAN RUNNING AND OR ITS affiliates, officers, agents, representatives, employees, partners and licensors BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OR USE OR INJURY TO PERSON OR PROPERTY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR RELATED SERVICES. SHOULD YOU BE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE THE USE OF THE SITE.
YOU voluntarily choose to utilize the services of McMillan Running in order to improve your training and racing. YOU understand that the training philosophy of McMillan Running is to very gradually and scientifically increase your ability to train and race more effectively. YOU also understand that this training philosophy may create certain potential risks such as abnormalities in YOUR blood pressure, breathing, heart rate, and/or muscular-skeletal system that cannot be predicted with complete accuracy. YOU understand that YOU are responsible for monitoring YOUR own condition throughout the training program which YOU have chosen and agreed to undertake, and should any unusual symptoms or conditions occur, I will immediately cease following the training program and inform my PHYSICIAN of the symptoms or condition. In stating that YOU agree to this agreement and waiver of liability, YOU acknowledge that YOU have read this form in its entirety and that YOU understand the potential risks associated with THE USE OF the TRAINING PROGRAMS ON THE SITE. YOU also agree to consult with and obtain written permission from YOU primary care physician prior to undertaking USE OF THE SITE. If YOU do not consult with and obtain permission from YOUR primary care physician, YOU accept any and all consequences that may result from this inaction on YOUR part. YOU EXPRESSLY AGREE THAT MCMILLAN RUNNING IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. NO CONTENT FOUND ON THE SITE IS INTENDED TO BE AND SHOULD NOT BE IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR MEDICAL PROFESSIONAL OR PRESCRIBED MEDICATION. SHOULD YOU HAVE AN EMERGENCY, YOU AGREE TO CONTACT YOUR PHYSICIAN, EMERGENCY MEDICAL CENTER, OR HOSPITAL IMMEDIATELY. Finally, in consideration for being allowed to participate and choosing to engage in this training program, YOU agree to assume the risks of such training, and further agree to hold harmless McMillan Running, LLC from any and all claims, suits, losses, and/or related causes of actions and damages, including, but not limited to, such claims that may result from my injury or death, accidental or otherwise, during or arising in any way from, the USE OF THE SITE.
Complete Agreement; Non-Waiver
This Agreement (as defined above) constitutes the entire agreement between the parties. This Agreement supersedes and replaces any and all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This Agreement can only be amended by specific written amendment signed by both parties. Any failure by either party to require strict performance by the other of any provision of this Agreement shall not constitute a waiver of such provision or thereafter affect the parties full rights to require strict performance.
Thank you for taking the time to review the terms and conditions, which govern the use of this Site. We encourage you to periodically review these rules to keep yourself apprised of any revisions to this Agreement. If you do not agree to the terms contained in this Agreement, please cancel your membership to the Site.
Affiliate Program Terms and Conditions
As an authorized affiliate (“Affiliate”) of McMillan Running, LLC (“McMillan Running”), you agree to abide by the terms and conditions contained in this Agreement (“Agreement”). You should read the entire Agreement carefully before registering and promoting McMillan Running as an Affiliate. By signing up for the McMillan Running Affiliate Program (“Program”), you indicate your acceptance of this Agreement and its terms and conditions.
Your voluntary participation in the Program is solely to legally advertise its website (www.mcmillanrunning.com) to receive a commission on memberships and products purchased by individuals referred to McMillan Running by your own website or personal referrals or by other authorized measures.
- Discretion to McMillan Running
McMillan Running reserves the right to approve or reject ANY applicant in its sole and absolute discretion. You agree that you will have no legal recourse against us for the rejection of your application.
Commissions will be paid on a monthly basis, or on such other recurring period as McMillan Running may determine, in its sole and absolute discretion. For an Affiliate to receive a commission, the referred account must remain active for a minimum of 14 days.
You cannot refer yourself, and you will not receive a commission on your own accounts. Referring yourself may result in immediate termination.
Referral Payments will only be sent for transactions that have been successfully completed. Transactions that result in chargebacks or refunds will not be paid a commission.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an Affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly-structured Affiliate links or use Affiliate code. Properly coded links are the sole responsibility of the Affiliate.
McMillan Running has the right to modify the referral rates under the Affiliate Program at any time, without advance notice, at its sole and absolute discretion.
Your affiliate application and status in the Program may be suspended or terminated for any reason, including, but not limited to, the following:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Violation of intellectual property rights. McMillan Running reserves the right to require license agreements from those who employ trademarks of McMillan Running in order to protect its intellectual property rights.
- Offering rebates, coupons, or other form of promised kick-backs from your affiliate commission as an incentive.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, McMillan Running reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
- Affiliate Links
You may use graphic and text links both on your website and within in your email messages. You may also advertise the McMillan Running site in online and offline classified ads, message boards, magazines, and newspapers.
You may use the graphics and text provided by us, or you may create your own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Condition 3.
McMillan Running will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to its website(s).
McMillan Running makes no expressed or implied warranties with respect to the Program and/or the memberships or products sold by McMillan Running. We make no claim that the operation of the Program and/or its website(s) will be error-free and we will not be liable for any interruptions or errors. McMillan Running reserves the right, in its sole and absolute discretion, to terminate the Affiliate Program at any time, without notice.
- Term of the Agreement
The term of this Agreement begins upon your acceptance in the Program and will end when your Affiliate account is terminated.
The terms and conditions of this agreement may be modified by us at any time. If any modification to the terms and conditions of this Agreement are unacceptable to you, your only recourse is to terminate your Affiliate account. Your continued participation in the Program constitutes your acceptance of any modification.
Affiliate shall indemnify and hold harmless McMillan Running and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors, and assigns, including those licensed or authorized by McMillan Running to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
- Relationship of Parties
Affiliates are independent contractors, only. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement. Affiliate shall not infringe or otherwise violate any copyright, trademark, or other intellectual property rights of McMillan Running or any other site.
- Governing Law, Jurisdiction, and Attorney Fees
Any dispute concerning the parties’ rights and responsibilities under this Agreement that the parties cannot resolve within thirty (30) days shall be directed to binding arbitration administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”) in San Francisco, CA. All expenses of arbitration shall be shared equally by the parties. Judgment upon any AAA award may be entered into San Francisco Superior Court. The prevailing party in any dispute arising out of this Agreement shall be entitled to an award of its reasonable attorneys’ fees and costs.
- Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the McMillan Running affiliate program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
Any perceived or actual failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of McMillan Running’s right to subsequently enforce such provision or any other provision of this Agreement.
If any provision of this Agreement is determined by a court to be unenforceable, such provisions shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.