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TRUE BLITZ, LLC PRIVACY POLICY AND TERMS AND CONDITIONS

Last Updated: December 26, 2019

Alister, is a trademark owned by True Blitz, LLC, located at 2260 University Drive, Newport Beach, CA 92660, United States, and all subsidiaries, affiliates, and partners (“we,” “us,” or “our”) provides the content, products and services available on the website alister.co (“Site”) to you, subject to the following terms and conditions, our Privacy Policy, and other terms and conditions and policies, which you may find throughout our Site in connection with certain functionality, features, subscriptions, sale of products, or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

By accessing, browsing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

Changes to This Policy

We have the discretion to update this policy at any time. When we do, we revise the updated date at the top of this page. You acknowledge and agree that it is your responsibility to review this policy periodically and become aware of modifications. By using this Site, you signify your acceptance of these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or our Privacy Policy, please do not use our Site. Your continued use of the Site following the posting of changes to these Terms and Conditions will be deemed your acceptance of those changes.

Privacy

Please review our Privacy Policy, which is incorporated within these Terms and Conditions, so that you may understand our privacy practices.

Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us. We reserve the right to make any changes to the Site or to these Terms and Conditions. By continuing to use the Site after any changes to the Terms and Conditions, you agree to any such revisions or changes.

Products and Services for Personal Use

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

Purchase Related Policies and Procedures

To view policies and procedures related to orders placed through this Site (such as order processing, shipping and handling, returns and exchanges), click here True Blitz, LLC’s Policy.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.

Intellectual Property

All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is our property and is protected by United States and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licenses in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, scraped, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.

Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

Your Account

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, including making purchases, but in order to access and use some parts of the Site, you may need to register an account with us. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use. You may cancel your account with us at any time by email at hello@alister.co We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.

Third Party Links

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

Special Features, Functionality and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

Deletion of User Content

If you wish to delete your user content, such as your ratings and reviews posting(s), on the Site, please contact us by email at hello@alister.co and include the following information in your deletion request: first name, user name/screen name (if applicable), email address associated with our website and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 10 business days to process your deletion request.

Copyright Complaints

Consistent with the Digital Millennium Copyright Act, if you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Designated Agent for notice for claims of copyright infringement can be contacted at:

Gwendolyn Wilson, Copyright Agent
True Blitz, LLC
Attention: DMCA Resolution
2260 University Drive
Newport Beach, CA 92660

Disclaimer of Warranties; Limitation of Liability

THE SITE IS PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in California and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.

Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at hello@alister.co and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to the limited licenses set forth in Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

Promotional Offers

Email Subscription Offer: Subscribe to our email newsletter and receive a Promo Code to get a Free Travel Size with your first order after signing up. Offer valid for a month from sign up. Coupon valid for one-time use. One per person and one per household. While supplies last. Not refundable, not returnable. Not valid at any other retailer. Cannot be combined with any other promotions or coupons. May not be applied to previous purchases, shipping, handling or taxes. Promotion has no retail value. Other restrictions, exclusions or terms may apply. Alister reserves the right to choose the Travel Size on offer, modify or cancel this promotion at any time without notice.

All Promotional Offers are valid for a limited time only. Coupon valid for one-time use. While supplies last. Not valid at any other retailer. Cannot be combined with any other promotions or coupons. May not be applied to previous purchases. Promotion has no retail value. Other restrictions, exclusions or terms may apply. Alister reserves the right to modify or cancel this promotion at any time without notice.

TERMS OF SALE

We, True Blitz, LLC (“True Blitz) sell a line men’s grooming and other men’s personal care products entitled “Alister” (the “Products”) to end-user customers (“Subscribers”, “Subscriber”, “you” or “your”) who subscribe to a recurring 30, 60 or 90 day replenishment delivery plan (“Replenishment Delivery Plan”) to have the Products contained in each Subscription Order (“Subscription Order”) shipped regularly in accordance with the Replenishment Delivery Plan of the Subscriber’s choosing only for Subscriber’s own personal, non-commercial use (“Subscription”). You may not purchase Products or Subscriptions for further distribution or resale or for any other commercial or business purpose. The Subscription Order and the Products and all rights and privileges conferred are personal and non-transferable. We reserve the right to modify or terminate the Subscription Program at any time for any reason, without notice to you. True Blitz’s Privacy and Terms and Conditions polices are hereby incorporated into these terms.

1. Products and Product Pricing

The price that we will charge you for your Subscription to the Products may be based on a tiered pricing structure that depends on the number of Products in each a Subscription Order. There is no minimum purchase obligation required to be made by the Subscriber. Pricing for Products contained in each Subscription Order (including any applicable shipping and handling fees) can be found on the Site Alister.co. By adding or removing Products from a Subscription Order, this may change the price that we will charge you. We reserve the right to change a Product’s price or the tiered pricing structure at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases.

You will receive Subscription Orders shipped regularly based on your Replenishment Delivery Plan and the Products selected for each Subscription Order. We will bill your credit card (“Payment Method”) on a recurring basis for the applicable Subscription Order based on any Products you may add or remove from each

Subscription Order made prior to the shipment date of the Subscription Order in accordance with your Replenishment Delivery Plan, unless you cancel the shipment of your Subscription Order in accordance with Section 4.3.

You agree that we may submit periodic charges in accordance with Subscription Order shipped in accordance with your Replenishment Delivery Plan via your chosen Payment Method without further authorization from you, until you provide us with prior notice at any time and in accordance with Section 4.2, that you wish to either (i) skip a Replenishment Delivery Plan shipping date; or (ii) change your Replenishment Delivery Plan; or (iii) pause your Subscription; or (iv) cancel your Subscription in accordance with Section 4.3. You agree that such notice will not affect charges submitted before we reasonably could act.

You agree to keep all your Account information current including your address.

To view the specific details of your Subscription, including your Replenishment Delivery Plan, current Subscription Order price and content and its next ship date, visit our website and click on “Account.”

We reserve the right, in our absolute discretion, to withdraw or modify any Product, Subscription, offering, or promotion at any time without prior notice and with no liability. Any and all Products, Subscriptions offers, or promotions advertised on our Site are void where prohibited and are subject to the posting of any official rules to such offers or promotions.

2. Processing Orders

If any problems arise with your order, or with the shipping address or Payment Method associated with your Subscription, and we are unable to resolve the problem, we may notify you via e-mail using the address associated with your Subscription. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to process future restock Subscription Orders until the problem has been resolved.

3. Refunds

If you are dissatisfied with one of our Products or a Package that you received for any reason, we will refund the amount paid for that Product in your most recent Package received or for the Package. Refund requests must be made directly to us at hello@alister.co within 30 days of the date of shipment by us. Please read our full Return Policy here. We are not liable for Products or Packages that are damaged or lost in transit to us. Promptly following our receipt of your request (typically within 5 business days), we will credit the amount paid for the returned Product(s) (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, we do not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your Payment Method company if you have questions about the status of the chargeback.

We will not provide a refund for a request that is received by us more than 30 days after the date of original shipment. We also do not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

4. SUBSCRIPTION TERMS AND CANCELLATION POLICY

  1. 4.1 Recurring Subscription; Automatic Renewal

    YOU ACKNOWLEDGE AND AGREE THAT EACH SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.

    We will automatically renew your Subscription and charge your Payment Method depending on the Replenishment Delivery Plan chosen by you and, as authorized by you by agreeing to the automatic renewal of your Subscription during the Subscriber sign-up process.

    We will send you a reminder to your email address, that we have on file from your account, 2 weeks before shipping in case you wish to make any changes to the Products in your Subscription Order, change the Replenishment Delivery Plan, skip or pause a Replenishment Delivery Plan delivery or you wish to cancel your Subscription. Your Payment Method will be charged at the time that the Subscription Order is shipped to you. We will charge your Payment Method with the applicable cost for your Subscription Order, along with any shipping and handling costs and sales or similar taxes that may be charged.

    To avoid being charged, you must either pause or skip your Subscription Order replenishment shipping date in accordance with Section 4.2 or cancel your Subscription in accordance with Section 4.3. We will continue to bill using your Payment Method on a recurring basis (depending on the Subscription and Replenishment Delivery Plan selected) until you cancel.

  2. 4.2 Skipping, Pausing and Resuming Subscription; Shipping Frequency

    Subscriber will be shipped a Subscription Order based on the shipping frequency chosen in their account which is either for a 30, 60, or 90-day replenishment period.

    Subscriber may also skip a Replenishment Delivery by going into your Account page on the website and clicking on “SKIP”.

    Subscriber also may have the ability to temporarily pause their Subscriptions (“Pause Period”). A Subscriber’s Replenishment Delivery Plan may be placed on a Pause Period. During the Pause Period, Subscriber will remain active subscriber, but you will not receive any Subscription Order but you continue to receive communications from us via email, but will not be charged any maintenance or subscription fee. A Subscriber who is in a Pause Period may resume receiving Subscription Order by logging into your account and resuming shipping based on the current Replenishment Delivery Plan. You may email any questions about the Pause Period to us at hello@alister.co.

    Subscribers can change their Replenishment Delivery Plan frequency of delivery. By default, Subscription Order will be shipped in accordance with the Replenishment Delivery Plan initially chosen by the Subscriber. You may choose to change the

    frequency of your Replenishment Delivery Plant at least 5 days before the next scheduled Replenishment Delivery Plan delivery date by logging in to your Account.. We will not be responsible for Subscription Order that have shipped before the changed Replenishment Delivery Plan delivery occurs and Subscriber will be charged for such shipments. However, you can return the items in your order to us in accordance with Section 3 above.

  3. 4.3 Subscription Cancellation

    You may cancel your Subscription at any time from the Account page on the website. To cancel a Subscription, go into our Account page on the website and click on “CANCEL”. Cancellation requests must be received at least _5 days_______ prior to your next Replenishment Delivery Plan shipping date to avoid being charged for that Package. Cancellation requests received by us through other channels may take up to 5 business days to process. If you have any problems, please email us at hello@alister.co.

PRICING AND SALES TAX

Prices are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so or become required to do so by law in the future.

DAMAGED OR INCOMPLETE CONTENTS

If you receive damaged or incomplete products, please contact us by emailing hello@alister.co within 10 days following shipment of the item. You will need to include photographic evidence documenting the damaged product in order to receive a replacement product.

DISCLAIMER OF WARRANTIES

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While we make reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on our website. We make no warranties or representations whatsoever with regard to any product provided. Moreover, We disclaim any responsibility in connection with your use of the products and any and all such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state, which does not allow such limitations.

RELEASE OF CLAIMS

You hereby release True Blitz, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Subscription Program, or (ii) any disputes with any third party and our Subscription Program. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."

YOU ARE AGREEING TO BINDING ARBITRATION

Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and TRUE BLITZ agree that we intend that this section satisfies the "writing" requirement of the Federal Arbitration Act.

You and True Blitz, agree to arbitrate any and all disputes or claims arising out of, in connection with, or relating to use or purchase of the Subscription Program or any aspect of the relationship between you and us. This includes agreeing to arbitrate claims that arose before this Agreement came into effect and any claims that may arise after termination of this Agreement. The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled "BINDING ARBITRATION" shall be null and void.

Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL TRUE BLITZ, OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS; OR (IV) FOR ANY MATTER BEYOND TRUE BLITZ'S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, TRUE BLITZ MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.

WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TRUE BLITZ shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TRUE BLITZ's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

GOVERNING LAW AND CHOICE OF FORUM

This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Central District of California, Southern Division.

ENTIRE AGREEMENT

You and TRUE BLITZ agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

SURVIVAL OF TERMS

All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or TRUE BLITZ, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

CONTACT US WITH QUESTIONS

Should you have any questions regarding these terms and conditions please send us an email at hello@alister.co.