Terms & Conditions

The content of the McMillan Running, LLC website, including McMillan training and coaching services, (“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.

Payments, Fees and Renewals

If you choose to elect to pay membership fees for McMillan products/services, you are obligated to pay membership fees on a monthly, quarterly, semi-annual 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 training and coaching services are final and non-refundable for any unused portions of your membership period.

Cancellation

You may cancel your membership to McMillan training and/or coaching services at any time by contacting support@mcmillanrunning.com. Cancellation of your membership will go into effect at the end of your current billing cycle.

Refund Policy

We offer subscription services that require recurring payments. These payments are automatically charged to the payment method you provide at checkout based on the billing cycle you select (e.g., monthly, yearly). If a payment fails, we will notify you via email and attempt to process the payment again. If the payment remains unsuccessful after 5 attempts, your subscription may be suspended or canceled until payment is resolved.

We do not offer refunds for subscription payments already processed. However, if you believe a payment was made in error, please contact us at helpdesk@mcmillanrunning.com within 14 days of the charge to request a review. Refunds, if applicable, will be issued at our sole discretion.

If we make changes to your subscription, such as price adjustments, billing frequency, or service offerings, we will notify you via email at least 30 days in advance. You will have the option to accept the changes or cancel your subscription before the next billing cycle.

Termination

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.

User Conduct

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.

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.

Indemnity

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.

Arbitration

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 Scottsdale, Arizona, with all expenses being shared equally by the parties. Judgment upon any AAA award may be entered into Scottsdale 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 Arizona 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.

Notices

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.

Force Majeure

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

View the Affiliate Terms and Conditions Page

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.

Mobile Terms of Service

The McMillan Running LLC mobile message service (the “Service”) is operated by McMillan Running LLC (“McMillan Running LLC”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to McMillan Running LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of McMillan Running LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with McMillan Running LLC. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18889054817 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other McMillan Running LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18889054817 or email helpdesk@mcmillanrunning.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.