The content of the McMillan Running, LLC website, including McMillan RunClub, (“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.
Payments, Fees and Renewals
If you choose to elect to pay membership fees for McMillan PRO or McMillan RunClub, 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 RunClub are final and non-refundable for any unused portions of your membership period.
You may cancel your membership to McMillan PRO or McMillan RunClub at any time by contacting firstname.lastname@example.org. 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.