Terms of Service

Terms of Service

Most recently updated: December 19, 2020

Welcome to PJ O’Clair On Demand!

These Terms of Use (“Terms”) govern your use of the PJ O’Clair On Demand subscription service (“PJO”) provided by (“PJO”). You automatically agree to these Terms and to our Privacy Policy simply by using PJO.

PJ O’Clair, Inc. and their members, officers, directors, trustees, shareholders, employees, independent contractors, instructors/teachers, licensees, licensors, subcontractors, representatives, consultants, advisors, attorneys and agents (current and past), suppliers, distributors, subsidiaries and affiliates, individually and collectively, and any related individuals or entities (collectively, “PJO,” also referred to herein as "PJ," “we,” “us” and “our”) provides website features and other products and services to you when you: (a) visit www.pjoclair.com and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications and other distribution platforms operated by PJO (the “Site”); and (b) PJO products, services or communication tools/services (collectively, “Services”).

Your viewing and use of our Site and Services (“Your Use”) are conditioned on, governed by and subject to these Terms of Use (“Terms”). This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form. IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us at caroline@pjoclair.com if you have questions.

You and PJO agree, with limited exceptions noted below, to resolve all disputes between you and us through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND PJO ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

1. Modifications and Termination

We reserve the right to modify PJO at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using PJO at any time, subject to our cancellation policy described below.

2. Your Account

You will be required to create an account, specify a password, and agree to these Terms and our Privacy Policy in order to use the features of PJO. The PJO services are not intended for anyone under the age of 13. If you are 13 to 17 years of age, you may only access and /or use any PJO services with the involvement and approval of your parent or guardian. To create an account, you or your parent or guardian must be at least 18 years old and you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites or services. You are responsible for any purchases made with your account. If you believe that your account has been compromised at any time, please reset your password in your PJO account.

3. Membership

Monthly Membership:

If you are a monthly member, you will be billed on a month-to-month basis, renewing automatically unless you cancel your membership, as described below, or we terminate it. If you cancel after any payment, your membership will continue until the end of that month. Annual Membership:

If you are an annual member, you will be billed once for a 12-month membership, renewing annually unless you cancel your membership, as described below, or we terminate it. If you cancel after your payment, your membership will continue until the end of the 12-month period.

Other Membership:

We may offer other membership plans, such as promotional plans, that differ from the plan set out in these Terms. The materially different terms and details of those plans will be presented to you at the time you sign up for the plan. Details regarding your membership are available on your account page.

4. Payment

Memberships require Internet access and a current, valid, accepted method of payment on file with your PJO account (“Payment Method”) that will be billed automatically each month. Please monitor your Payment Method to ensure that it remains current. If your Payment Method expires, your membership will automatically be cancelled fourteen (14) days after your original payment due date.

Recurring Billing

Your Payment Method will be charged for the membership fee each month or year, depending on your membership, on the same date unless you cancel, or we terminate, your membership prior to the billing date of the next payment period. If you sign up on the last day of the month, you will be charged on the last day of each following month. Your membership fee may include applicable taxes or fees that will be included on your monthly bill.

Price Changes

We reserve the right to change our membership fee at any time. If we do make changes to the fee, we will provide you with notice, via e-mail to the address listed on your account, prior to charging you for the new fee amount.

No Refunds

Payments are non-refundable and there are no refunds or credits for partially used periods.

5. Cancellation

Cancel (Website):

You can cancel your subscription when logged into your account at https://pjoclair.intelivideo.com/accounts/login/. Click on the menu icon in the upper-left hand corner and select My Account. Next, select Mange Subscription. You can then click on Cancel Subscription. 1) Log in to your PJO account; (2) Click “My Account” at the top right corner; (3) Click “Manage Subscriptions”; and (4) Select “Cancel Subscription.”

6. Please Obtain Your Physician’s Permission Before Beginning Any Exercise Program.

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us.

7. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on PJO or any PJO social media accounts. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights. You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant PJO, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content. This license continues even if you stop using PJO. You agree to indemnify defend and hold harmless PJO against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post, regardless of fault, to the full extent permitted by law unless such liability, claims, actions, loss, harm, damage, injury, cost, or expense arises solely as a result of the gross negligence or willful misconduct of PJO.

8. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other PJO user on PJO or the PJO social media accounts. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

9. Your Use of PJO

Please do not use PJO in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with PJO or any features of PJO (including any technological measures we employ to enforce these Terms or provide you with access to PJO or its content). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account, prohibit you from using PJO, and take appropriate legal actions.

10. Assumption of Risk

You understand that physical exercise can be strenuous and can cause injury. We encourage you to consult with your physician before using PJO. You assume all risks associated with your use of PJO, including, without limitation, the risk of physical or mental injury.

11. PJO Content

PJO and any content available on PJO (“PJO Content”) are for your personal, non-commercial use. During your PJO membership, you have a limited, non-exclusive, non-transferable license to access PJO and PJO Content through PJO. Other than this limited license, you have no right, title, or interest in PJO. You agree not to use PJO or PJO Content for any commercial or public use or to duplicate or otherwise misuse PJO content. You may not use PJO Content unless you obtain our permission, or unless you are otherwise permitted by law.

PJO and PJO Content may be available in different forms in different countries and features may not work with all Internet settings or on all devices. You are responsible for confirming that PJO will work on your device. PJO is not responsible for internet connection/stability that could adversely affect the quality of your PJO experience. Check with your internet provider if you experience any issues.

PJO is hosted and run on Intelivideo, Inc. software to enable streaming and viewing of PJO Content through specific supported devices. For a list of supported devices click here and here. By using PJO, you agree to automatically receive updated versions of PJO and third-party software. If you do not accept these terms, please do not use PJO.

12. PJ O’Clair On Demand Trademarks and Copyrights

All trademarks, logos, and service marks displayed on PJO are registered and unregistered trademarks of PJO and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on PJO are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

13. Copyright Protection

PJO, pursuant to 17 U.S.C. § 512, the Digital Millennium Copyright Act (the “DMCA”), has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the DMCA. PJO accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any Content on PJO infringes your copyrights, you may request that we remove the Content from PJO (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information: • Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. • Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. • A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf. • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail.

By mail:

PJ O’Clair On Demand

Attn: Caroline Cruz

142-2 Brimbal Ave

Beverly, MA 01915

By e-mail: caroline@pjoclair.com

Once notification in accordance with the above is received by the Designated Agent, it is PJO policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of PJO that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to PJO. If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to PJO Designated Agent within thirty (30) days of the date the Content was removed from PJO. A counter-notification must be a written communication that includes substantially the following: • Identification of the material that has been removed or disabled and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material. • Your name, address, telephone number, and e-mail address. • A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material. • A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, PJO shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform PJO that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on PJO. If PJO receives such notification within ten (10) business days, PJO shall not replace the removed Content or cease disabling access to it. If PJO does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on PJO, then PJO shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline. In accordance with the DMCA and other applicable law, PJO may, in appropriate circumstances, at PJO’s sole discretion, terminate access to PJO of any user that PJO finds to be a repeat infringer. PJO reserves the right to define the criteria by which PJO will determine that a user is a “repeat infringer.” In the event that “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, PJO will adopt that definition as a minimum standard. Without limiting PJO’s right to define “repeat infringer,” as a general rule, PJO will define a “repeat infringer” as any person or entity about whom PJO has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. PJO will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact PJO’s Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.

14. Social Networks

PJO may include features that operate in conjunction with certain third-party social networking websites that you visit such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites and the services provided through PJO is governed by the terms of service and other agreements posted on these sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

15. Our Warranties and Disclaimers

We provide PJO using a commercially reasonable level of care, but there are certain things that we cannot guarantee. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, PJO DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT PJO. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON PJO, THE SPECIFIC FUNCTION OF PJO, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE PJO “AS IS.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

16. Liability for our Services

TO THE EXTENT PERMITTED BY LAW, PJO SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF PJO OR ANY THIRD PARTY’S USE OF PJO. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF PJO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

17. Disputes

You agree that any dispute or claim arising out of your use of PJO, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

Arbitration shall be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014, and conducted by a single, neutral arbitrator. Arbitration shall take place by phone, unless an in-person hearing is requested by either party. In that case, the hearing shall take place in the county where you reside. To the extent this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply.

Disputes may also be referred to another arbitration organization if you and PJO agree in writing, or to an arbitrator appointed pursuant to Section 5 of the Federal Arbitration Act. To start an arbitration proceeding, you must execute and serve a Demand for Arbitration on PJO by mailing it to insert address pursuant to the JAMS instructions. PJO will bear the cost of your initial filing fee.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

18. Additional Details

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to PJO after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to PJO. PJO may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, PJO may contain ads from third parties. We do not control or endorse any products being advertised. We are not liable for any harm caused by a third-party website or service.

When you use PJO or send communications to us through PJO or via e-mail, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of PJO from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from PJO to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

We have the right to use any communications you send to us for any purpose, including responses to questionnaires or feedback about PJO. If we use these communications in any way, we are not required to pay you or give you any credit for such use. If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we are not giving up any rights that we may have (such as taking action in the future).

These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. You expressly agree that, to the extent a claim is not subject to Arbitration clause, the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Massachusetts and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms is not enforceable, that will not affect any other provision.