Terms and Conditions
Last Updated on January 1st, 2019
The 9-Mile Marathon - Terms & Conditions
 
THESE TERMS AND CONDITIONS (“TERMS”) AND THE TERMS CONTAINED WITHIN THE WEB SITE DISCLAIMER APPLY TO YOUR USE OF THIS WEB SITE AND ANY PURCHASE YOU MAKE. BY MAKING USE OF THIS WEBSITE AND/OR MAKING ANY PURCHASE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR TRIAL/ORDER AND TO MAKE A PURCHASE.
 
YOU WILL BE ABLE TO PRINT OFF A COPY OF THESE TERMS AND CONDITIONS – WE RECOMMEND THAT YOU DO THIS AND KEEP A COPY FOR YOUR FUTURE REFERENCE.
 
BY MAKING USE OF THIS WEBSITE OR MAKING ANY PURCHASE YOU ALSO CONFIRM THAT YOU CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS AND CONDITIONS WHICH DEAL WITH OUR USE OF YOUR PERSONAL DATA CAREFULLY BEFORE SUBMITTING YOUR ORDER.
 
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS AND CONDITIONS PLEASE DO NOT PLACE AN ORDER WITH US OR CANCEL AND ASK FOR A REFUND.
 

General Note
On digital products like the eBook and the membership services no additional handling and shipping charges apply. On the 'real' Paperback book, like the free book, additional Shipping and Handling charges may apply. On other products such as T-shirts, Tanks and Shorts additional shipping and handling charges may. Please allow 2-3 weeks delivery through USPS Standard Ground.

IMPORTANT NOTE FROM THE FOUNDER
The 9-MileMarathon Training Program is NOT a “start to run” program.

In order to be able to follow this training program you have to run for at least one year, be able to run 6 miles in less than 75 minutes and you have to be in good physical shape according to your doctor, ready to start with the 90-Day marathon training program. In any case, inform your doctor about the fact you are training for a marathon, a half marathon or a 10k race, explain the 9-mile marathon training concept to him/her and your desire to start training this way. Please always follow the advise of your doctor. 

I’m using the numbers and the references from myself, my students and the experiences from others for example purposes only. The numbers and indications stated in any of my publications (books, ebooks, audiobooks, membership, blogs, video's, emails, Facebook, Instagram, interviews etc. etc.) are my personal references or the references of other runners who want to share their experiences. Please understand those advises and results are not typical, I’m not implying you’ll duplicate them (or do anything for that matter) and I'm not implying they can be applied to anyone. I have the benefit of practicing running and triathlon for more than 20 years, and have an established following as a result. I have the benefit of having a specific running talent, experience, running background and physical condition that allows me to successfully run fast sub-3 hour marathons and win triathlons The 9-Miler way. Your results will vary and depend on many factors…. including but not limited to your running background, experience, physical condition, talent and training ethic.

All running and running training programs entail risk as well as consistent effort and action from your side: running and training 'the classic' way, based on endless long and frequent training runs entails risk, as well as new, 'modern' training methods based on less training miles, combinations of running and walking, constant heart rate based training programs, and f.i. programs based on running less hours/week, relatively more recovery time and rest. There is ALWAYS risk involved in practicing endurance sports and endurance running in particular, that may cause serious injury or even death. If you’re not willing to accept that, please DO NOT FOLLOW THIS PROGRAM. 

By using, applying, downloading and/or purchasing any of my products, advises, programs, tips&tricks or services you acknowledge and agree to our Terms. You will be provided access to the Terms on many of our web pages.

Definitions in these Terms, the following words have the following meanings unless the context otherwise requires:
 
1. About Us
www.the9milemarathon.com is owned and operated by me personally and my team. It is a truly modern 'virtual' organisation, operated through modern US-based services such as Facebook for advertising, Clickfunnels for the website, Hostmonster for hosting the website, Stripe for the payment services, Lulu/Amazon for printing and USPS/Fedex/DHL for shipping. There are hardly any material assets, most assets consist of  my intellectual property rights on the content, website, systems, programs, ideas, images etc. and some computers and tech stuff like a camera and a mike. When I speak about 'Me' or 'Us' I mean this 'virtual' organisation. There are no 'corporate' stakeholders or any other involvements from other corporations other than the independent 'real' people I choose to work with. So yes, I am a really independent person/entrepreneur/athlete/coach/mother.
 
2. About You
By using or making an order through this Web Site You warrant that You are at least 18 years old and capable/allowed of entering into binding contracts. You further warrant that You understand and agree to be bound by these Terms.
 
3. Terms and Conditions
3.1 These Terms govern the supply of Products and Services (our 'Products') to You.
3.2 It is Your responsibility to ensure that Your use of the Web Site and the purchase of the Products and/or Services is legal in the country in which You are resident and/or in which You are viewing this Web Site.
 
4. Basis of Contract
4.1 These Terms and any document or disclaimer referred to in them represent the entire agreement between You and Me in relation to the supply of any Products and/or Services via the Web Site.
4.2 These Terms supersede all previous terms and conditions, prior agreements, representations, understandings or arrangements and shall replace any terms and conditions previously available on this Web Site or notified to You. You acknowledge that in entering into a Contract You have not relied upon any representation, undertaking or promise previously given or implied from anything said in negotiations or otherwise prior to such Contract as is expressly set out in these Terms.
4.3 Our sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Products, Services (including without limitation any product Autoship offerings) and/or the Web Site unless confirmed by me in writing.
4.4 No oral representations or warranties shall bind Us unless given by me.
4.5 We have the right to modify, vary or amend these Terms from time to time. No variation to these Terms shall be binding unless agreed in writing between You and me in advance of Your order.
4.6 I reserve the right to change and modify these Terms without notice. You will be subject to the terms and conditions in force at the time that You order Products and/or Services from Us. However, the provision of our on-going Services such as any autoship offered will be subject to the updated terms and conditions in place from time to time and accordingly, it is Your responsibility to read and review these Terms from time to time so that You are fully aware of any changes. Your free trial and/or purchase of Products and/or Services and/or continued use of the Web Site and/or, where applicable, Your continued membership of the Web Site or part thereof shall be deemed to be Your acceptance of any modification or variation which has been made.
 
5. Orders and Contracts
5.1 You may order The 9-Mile Marathon physical and digital Products and Services and related ad-ons only via the Website. 
5.2 We have the right to refuse to accept any orders placed for Products and/or Services. Your order for Products and/or Services constitutes an offer to Us to buy those Products and/or Services and shall only form a binding Contract when We send Our order confirmation to You by e-mail.
5.3 You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. 
5.4 Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You).
5.5 We try to ensure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible and it will be corrected.
5.6 Please note that any details and/or specifications for the Products and/or Services produced by Us (including any photographs of the Products) are intended as a guide only to give a general approximation. When we show images of real people or real people using real books for our digital products and services it is intended as a guide only. You are not allowed to print out our “e” Products.
5.7 We keep copies of all orders We receive and accept for a period of at least 6 years from the date of the order. This enables Us to process orders effectively, maintain high levels of customer service and deal with quality issues should they arise.
5.8 We will have Special Offers on Our Website from time to time, which, in the event of any dispute regarding the Rules, conduct, results and all other matters relating to these matters, the decision will be left to me. No correspondence, beyond reason, or discussion shall be entered into relating to any disputes.
 
6. Order, Trial, and Subscription & Autoship Programs Terms
The 9-Mile Marathon offers via its website(s) and/or phone:
i. A single- or multiple instance order of downloadable eBooks, digital services or website access. At the time of the order You will be asked to provide payment information,  and personal details and to make the payment.
ii. A single- or multiple instance order of physical Books. At the time of the order You will be asked to provide payment information, and personal details and to make the payment.
iii. A single- or multiple instance order of physical products such as T-shirts, apparel, running accessories, supplements. At the time of the order You will be asked to provide payment information, and personal details and to make the payment.
iv. A single- personal instance order of digital/online services such as memberships with recurring fees. At the time of the order You will be asked to provide payment information, and personal details, to make the payment and to allow future payments.
v. A single instance trial of a personal digital/online service. The trial may be free or charge. At the time of claiming the trial (the effective date of trial submission online) You will be asked to provide payment information,  personal details and to make the payment for the trial (in case the trial is not free). From the date of receiving our notification that your trial order has been confirmed (via email), You will have a specified number of calendar days (as specified on the website) to decide if the Service is right for you (hereinafter: “Trial Period”). During the Trial Period, any requests for cancellation will be addressed and fulfilled. You will request cancellation via the website 'cancellation' option or by sending an email to our support email address. If You do not  cancel Your trial during the Trial Period, we will regard it as Your legal consent to participate in the The 9-Mile Marathon 9Miler4Life Membership Subscription Program (hereinafter: the “Autoship Program”). The Autoship Program is for a non-specified period of time. During the Autoship Program you can cancel anytime. Any request for cancellation will be addresses and fulfilled. You will be charged as follows:
a. 7 calendar days after your trial order, we will charge You for the service you ordered in the Autoship Program. This is your first charge for the next 30 days.
b. Then 30 calendar days following on your first payment, we will charge you for the next 30 days of your Autoship Program. This is the second charge for the next 30 days.
c. The 30 calendar days later we will charge you again, and so forth. 
 
7. Products
Any Products purchased are for Your personal use only. The Products cannot be resold and cannot be given to any third party.
 
8. Returns, Cancel and Refunds
8.1 Where applicable, You may cancel your Autoship Program anytime and/or return Your order in 60 days in accordance with Your rights under the respective consumer protection laws of your country. When you cancel your Autoship Program you will not be charged for the next period of service. When you cancel there will be no refund for the remainder of the period of cancellation.
8.2 To satisfy your cancellation or your refund request of a 'physical' product, you will have to return the physical Product to Us at Your expense. Upon cancellation of the Autoship Program we immediately end your access to the digital/online service of your Autoship Program. From that moment on you can not use the Product anymore. Keeping and/or using a copy is illegal.
8.3 You have to realize that by cancelling the digital/online service of your Autoship Program you will loose all access to data you have uploaded or shared on the Autoship Program platform. When you cancel and when you want to re-start later on, you will have to start all over a gain with a completely  new,  'empty' membership platform. 
8.4 It is your responsibility to decide if our Products are right for You and make any cancellation requests.
8.5 We shall have no Liability to You in respect of any cancelled orders or services. Once you cancel we will process your cancellation and we will not keep the data you may have entered during your membership; we will completely delete your Autoship Program's information.
 
9. Delivery
9.1 Dates for delivery are estimates only and are not guaranteed. Shipping methods, delivery times and fees may change from time to time. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control including without limitation those events set out in paragraph 15.3.
9.2 As a general rule, We will process your order on the same day as We accept Your order (subject to the Products being in stock) or the next working day if Your order is placed outside of our normal working hours. We may additionally charge for delivery, shipping, packaging and handling as specified on our website(s). 
9.3 Where Products and/or Services are to be delivered in instalments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any instalment shall not entitle You to repudiate and/or terminate any Contract as a whole.
9.4 Notwithstanding Your rights of cancellation set out at paragraph 8 above You have no right to reject Products and have no right to rescind for late delivery unless the due date for delivery or any subsequent date which has been notified to You has passed.
9.5 We shall not be required to fulfil orders for Products in the sequence in which they are placed.
9.6 Orders will be delivered to You as downloads, physical products or periodical services.
9.7 We are not responsible for the Products and their safe delivery after they have left Our possession or those of our partners (See 1. About Us). If You have any issues regarding non-delivery, late delivery and/or damage to the Products during transit, You must take this up with the provider/carrier.
 
10. Prices and payment
10.1 The price for Products and Services shall be as shown on the Web Site at the date of Our acceptance of Your order.
10.2 Unless otherwise stated, all prices are in USD without VAT or other similar sales tax. Customers may be charged Import Duties on shipments. These are charged by local Customs and are beyond our control. Any Import Duties are the responsibility of the customer.
10.3 Whilst We try to ensure that all prices on the Web Site are accurate, errors may occur and prices may vary. Your payment may be processed in various international currencies and not the currency displayed during checkout. You may experience currency exchange rate differences due to it being an international charge, and should check your credit card statement to view the charge in the actual currency. Due to exchange rate differences, the price of shipping may even exceed the stated shipping amount on the website. 
10.4 You will be informed in writing by Us of any increases in prices for Products or Services which may have occurred between You joining the Autoship Program and any following time period. You may cancel without any Liability any order in relation to which the price is increased, however, we cannot guarantee a full refund in such a case, particularly if we had advised you in advance of the price change (via email or telephone).
10.5 Payment is due at the time You place Your order:
10.6.1 If you are ordering online via the Web Site, We use a third party to take Your payment by debit or credit card or Paypal. When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant. The credit card merchant will check and store Your data in order to process Your payment details. Our credit card merchant has legal obligations to protect the security and safety of Your data as it is defined in their terms. In respect of each credit or debit card transaction, We strongly advise that you print off and retain a copy of the card transaction in an accessible place for future reference;
10.6.2 You cannot place orders by fax;
10.6.3 You cannot place orders by telephone;
10.7 We will not accept Your order and the Contract will not be concluded until such time as We receive confirmation from Our credit card merchant that Your payment has been authorized and/or We have received payment in full in cleared funds.
10.8 If for any reason payment in full is not made, We may withhold or suspend delivery of Products or, as the case may be, Services.
 
11. Property, Delivery and risk
Risk in the Products shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.
 
12. Faulty Goods
12.1 If You discover that a Product is faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
12.2 We may ask You to return the faulty Products to Us for inspection before We send You a replacement. If Products are faulty, We will replace the faulty Product at no additional cost to You. When faulty Products are digital products, programs or services, we will fix the reported fault within a reasonable period of time, and/or we will fix the fault in a scheduled Product update. You have no right to reject faulty Products and You have no right to rescind for late fixes. You have no right to claim any refunds due to product faults or late fixes.
 
13. Data Protection
13.1 When You use Our Web Site, You will be asked to provide certain personal information such as photo's, video's, Your contact details, credit/debit cards or other payment details. We will store the data You provide to Us on computers or otherwise. Data will be held in the US where the Web Site is hosted. The purposes for which Your personal data will be processed are set out below. By making use of our services you agree to the processing of Your personal data for these purposes.
13.2 We will comply with the requirements of all data protection legislation in force. In particular, You may request a copy of any personal data We hold about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.
13.3 We will process Your personal data in an ethical manner. It will be used for the following purposes:
13.3.1 to process Your order;
13.3.2 where applicable, to administer Your membership of the Web Site;
13.3.3 to administer Our Web Site services which may involve sharing information with Our services providers;
13.3.4 to administer Our business;
13.3.5 for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information;
13.3.6 to notify You by email or telephone of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information by unsubscribing from email lists.
13.4 We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.
13.5 We may share Our database(s) of customers with selected third parties.
13.6 If You do not wish Us to notify You by post or email of any additional products or services that We think may be of interest to You, please let us know.
13.7 We try to ensure that all data we hold about our customers is up to date and correct. Therefore, if any of your personal details change, please let by us know by sending Us an e-mail. When ordering online, We will provide a clear process for You to correct any input errors.
13.8 By ordering or making use of our products or services you agree that we can use (for marketing, sales and promotional purposes in general) the photo's, video's, voice messages, recordings, blogs, emails you shared with us, on our platforms or as you made available through social media such as Facebook, Instagram, Twitter.
 
14. Liability
14.1 We shall have no Liability to You for injury, death or any form of personal injury, loss of profit, business, revenue or income, loss of anticipated savings, lost data, damage to goodwill, business interruption, economic and/or other loss which, at the time You entered in to this Contract. You explicitly state that your physician has read-, understood- and given You his permission to participate in our  training programs, to follow our instructions, tip&tricks, advises, before you entered into this Contract.
14.2 We do not guarantee that the Web Site will be compatible with Your PC and We accept no Liability for any corruption and/or loss of data held on Your PC, or any Liability for any other loss or damage of any kind caused to Your PC resulting from use of the Web Site.
 
15. General
15.1 No waiver by Us of any breach of any Contract by You and/or the failure by Us to exercise any rights or remedies to which We are entitled shall be considered as a waiver of any subsequent breach of the same provision or other provision or of Our rights or remedies and shall not relieve You from compliance with such obligations.
15.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
15.3 We shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including acts of God, denial of service attacks, internet disruption, non-performance by suppliers or subcontractors, war, flood, fire, storm, extreme cold, rain, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
15.4 All third party rights are excluded and no third party shall have any right to enforce a Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.
15.5 Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact Us by sending Us an e-mail.
15.6 You grant to Us the right and permission to photograph, film, record and/or otherwise capture in any media Your name, image, voice, written statement, photograph and/or visual likeness of You and/or Your family members or friends (collectively “images”), with right to sublicense, during the activities or otherwise, without compensation, for use for any purpose in any media throughout the world in perpetuity, including but not limited to use in broadcasts, photographs, publications, podcasts, webcasts, motion pictures, brochures, CDs, DVDs, internet websites, social media platforms, television, and/or in any related commercial, informational, educational, advertising, or promotional materials. You understand that all ownership and copyright rights in the images shall be owned by us and You  waive any inspection or approval rights.
 
16. Legal Disclaimer
Statements made by Us have not been evaluated by the food, drug and health administrations. Our Products are not intended to diagnose, treat, cure or prevent any injury, illness or disease. Consult and seek approval with your physician for diagnosis before you start using our Products. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of running, endurance sports, triathlon etc in cooperation with your licensed medical practitioner. In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the me, us, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website.
 
Product Safety Guidelines
In any case, situation, circumstance in general, even if you are in a good physical condition without any injuries or problems, or in particular if you are experience injuries from running, experienced injuries in the past or taking prescription drugs, have a medical condition check with an appropriately qualified physician before making use of our Products and / or Services. Running less training miles (compared with the old, ‘classic’ training programs), in combination with the balanced training program as it is offered in our products and services, has shown real life examples that it works for age-group, non-professional 'amateur'  runners, who have been running for at least 1 year, who are able to run marathons between approx. 3 and 6 hours and who are able to run 10k between approx. 40 and 75 minutes. The 9-Mile Marathon is NOT a so called 'start to run' program. Just because a smaller amount of training miles (compared with the 'standard' guidelines) works well for many age-group runners who are using our products and/or services it does NOT implicate that running less miles is better for everybody. As individuals we all have different constitutions, sensitivities, reactions and possible health conditions. This needs to be discussed with your physician before you enter the program.
 
So should You check with your doctor, physician or healthcare provider before starting with the program?
Yes. Definitively. Running and marathon running are extreme sports and therefore risky. So you should always follow the advise of your physician.


Thanks so much for visiting,

Marlies Kort
Creator and Founder
The 9-Mile Marathon

support@the9milemarathon.com