Last Updated: October 15, 2019
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
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.
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.
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.
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 firstname.lastname@example.org 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
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 email@example.com 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.
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.
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.
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 firstname.lastname@example.org 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.
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.
Giveaway: Coupon valid for one-time use. One per person and one per household. Add Product to cart and discount will automatically be applied at check-out when visiting directly from Dan Bilzerian’s Instagram Story Swipe Up Link. Customer is responsible for shipping and handling fees as displayed at checkout. Offer valid 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. 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.
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.
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 email@example.com 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
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.
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 firstname.lastname@example.org.
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.
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 email@example.com.
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 firstname.lastname@example.org 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.
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 email@example.com.
Party Like Dan Sweepstakes Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR TO WIN.
A PURCHASE DOES NOT IMPROVE ONE’S CHANCES OF WINNING.
VOID OUTSIDE THE 50 UNITIED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED BY LAW.
Eligibility: The Party Like Dan Sweepstakes (“Sweepstakes”) is only open to permanent legal residents of the 50 United States and the District of Columbia (“D.C.”) who are currently physically located and residing therein. Entrants must be eighteen (18) years of age or older as of the date of entry into the Sweepstakes. Entrants must also have either a valid Social Security number and/or a valid U.S. Individual Taxpayer Identification Number. Employees of True Blitz, LLC (“Sponsor”), of the companies/entities involved in the production, development, implementation, or handling of the Sweepstakes, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, franchisees, affiliates, licensees, service providers, or any other person or entity associated with the Sweepstakes (collectively “Sweepstakes Entities”) are not eligible to enter the Sweepstakes. Immediate family members (i.e. a spouse, domestic partner, child, sibling, or parent or any of their respective spouses, regardless of where they reside) and/or any person, whether related or not, living in the same household of an individual affiliated with a Sweepstakes Entity, are ineligible to enter the Sweepstakes.
Sweepstakes Period: For all purposes of this Sweepstakes, the Sponsor’s computer is the official clock and all times refer to Pacific Time (“PT”). The Sweepstakes period begins at 8:00:00 p.m. PT on October 15, 2019 and ends at 6:00:00 a.m. PT on October 18, 2019 (“Sweepstakes Period”).
- How to Enter: Entrants must first either already be following or begin following the Sponsor @alisterco on Instagram. To follow Sponsor on Instagram, entrants must go to https://www.instagram.com/alisterco (“Instagram Site”) and click the “Follow” button. If an entrant does not already have an Instagram account, he/she can create one by going to either the App Store or Google Play and downloading the Instagram App, which is free, to his/her mobile device. To enter the Sweepstakes, entrants must go to the Instagram Site and locate the Sweepstakes post inviting people to enter. Thereafter, entrants must complete the following steps: follow the Sponsor, like the post, and mention up to three (3) friends (each an “Action”). After successfully completing these Actions, said entrant will then receive one (1) entry into the Sweepstakes (“Entry”). All Actions must be completed for Entry to be valid. If an entrant’s Instagram account is set to “Posts are Private,” then an entrant’s Instagram Entry may be disqualified and rejected as ineligible for consideration in this Sweepstakes. An entrant may only mention up to three (3) friends per Entry; if an entrant mentions more than three (3) friends per Entry, his/her Entry will be disqualified. An entrant may only mention someone with whom he/she has an existing relationship, he/she knows personally and to whom a mention would not be considered spam, and who meets the eligibility requirements for the Sweepstakes as described in section 1 above. Entrants understand that they are providing their information to the Sponsor and not to Instagram. Entrants can only participate in the Sweepstakes under one (1) Instagram account. Entrants who submit multiple Entries in excess of the limits stated herein will be disqualified. Entries must be received by 6:00:00 a.m. PT on October 18, 2019. If entrants use a web-enabled mobile device to obtain an Entry, data rates may apply (entrants should contact their service provider for data rates/plans). Entrants should use care and not drive or operate machinery while entering the Sweepstakes. Proof of submitting an Entry will not be deemed by the Sponsor as proof of receipt or entry into the Sweepstakes. Final eligibility for the award of the prize is subject to eligibility verification and other conditions and requirements, as set forth below. The Instagram Site may not be accessible from all mobile phones, handheld devices, and/or tablets. If an entrant experiences any issues entering, he/she should access the Instagram Site from a desktop or laptop computer.
Prize/Odds of Winning: One (1) prize will be awarded. The prize winner will receive admission for two into Dan Bilzerian’s 2019 Halloween Party, taking place in Los Angeles, California at 8:00:00 p.m. PT on Thursday, October 24, 2019 (the “Prize”). No cash equivalent for the Prize will be available. The Prize is not transferable. However, the Sponsor may, in its sole discretion, choose to substitute the Prize with one of comparable or greater value due to unavailability or for any other reason. As applicable, the Prize and Prize notification will only be sent to addresses located in the 50 United States of America and the District of Columbia. Odds of winning a prize depends on the total number of eligible Entries received during the Sweepstakes Period.Limit one (1) Prize per person/family/household. All expenses associated with the receipt or use of the Prize not specifically mentioned as being included are excluded and is the sole responsibility of each winner. Any depictions of Prize in the promotional materials or otherwise are for illustrative purposes only. All federal, state, or other tax liabilities (including but not limited to income taxes) arising from participation in the Sweepstakes or the award of a prize will be the sole responsibility of the winner. All Prize details are at Sponsor’s sole discretion.
Drawing:The potential winners will be randomly selected in a drawing held by the Sponsor on or around 7:00:00 p.m. PT on October 18, 2019 (“Drawing Date”) from among all eligible Entries received.
Notification of Winners: The potential winners will be notified via an Instagram Direct message at the Instagram Account associated with his/her Entry by Sponsor within 24 hours of the Drawing Date and time. Potential winners may also be announced on the Alister Instagram Account via Story: https://www.instagram.com/alisterco (“Instagram Site”). If a potential winner is not following Sponsor on Instagram, the Instagram Direct message will go into the requests queue of said potential winner. Potential winner will have 24 hours to respond to the Instagram Direct message with his/her contact information. Thereafter, he/she will be contacted by the Sponsor in order to confirm eligibility and sign and return an original unmodified Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release, and any other documentation that the Sponsor requires (collectively “Affidavit/Release”) within 24 hours after receipt by such potential Prize winner or he/she may be disqualified and an alternate potential Prize winner may be selected. By returning a completed Affidavit/Release, such Prize winner attests to the provisions stated therein including the accuracy of the information contained therein and compliance with these Official Rules. If a potential Prize winner does not respond to the Instagram Direct message within 24 hours; is found to be ineligible; if he/she does not comply with these Official Rules; or if his/her Prize or Prize notification message is returned as undeliverable said potential winner will be disqualified, and an alternate potential winner may be selected in the Sponsor’s sole discretion.
Disclaimers:The Sweepstakes Entities are not responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are illegible, late, tampered with, forged, incomplete, misdirected, deleted, damaged, corrupted, lost, misplaced, stolen, destroyed, dropped, inaccessible, corrupted, jumbled, or otherwise not in compliance with these Official Rules. Any such Entries will be disqualified. This Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Instagram and Instagram is completely released of all liability by each entrant in this Sweepstakes. By entering the Sweepstakes, the entrants agree and acknowledge that the Sweepstakes Entities shall have no responsibility or liability (including, but not limited to, liability for any property loss, damage, personal injury, or death) in connection with: participation in this Sweepstakes; human error; incorrect or inaccurate transcription of information contained in the Entry; acceptance/possession, use/misuse, and/or defects of a prize (or a prize element) awarded herein; typographical errors in the Sweepstakes promotional material; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, internet service provider utilized by the Sweepstakes; any interruption or inability to access the Sweepstakes, the Instagram Site (or Sponsor’s inability to access content on the Instagram Site), or any online service via the internet due to hardware or software compatibility problems; wireless network dead zones or obstructions; any damage to an entrant’s (or any third person’s) computer/mobile device and/or its contents related to or resulting from any part of this Sweepstakes or from entering or downloading materials/software in connection with the Sweepstakes; and/or any lost/delayed data transmissions, omissions, interruptions, defects or any other errors or malfunctions even if caused by the negligence of one of the Sweepstakes Entities. Entrants hereby acknowledge that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with a prize. The entrants further agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, release all rights to bring any claim, action, or proceeding against the Sweepstakes Entities, and hereby acknowledge that the said Sweepstakes Entities have neither made nor are in any manner responsible or liable for any representation or guarantee, express or implied, in fact or in law, relative to a prize. The Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience, or irregularity that may be caused by or have contributed to (1) any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees, or independent contractors, (2) any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Sponsor, or (3) any other cause, condition, or event whatsoever beyond the control of the Sponsor or its parents, subsidiaries, and affiliated companies. The failure of the Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor (excepting compliance with applicable codes and regulations), or other force majeure event will not be considered a breach of these Official Rules.
GOVERNING LAW, JURISDICTION, ARBITRATION: Any controversy or claim arising out of or relating to (i) the Sweepstakes, (ii) the awarding or redemption of the Prize, and/or (iii) the determination of the scope or applicability of these Official Rules or their enforcement or interpretation shall be governed by and construed in accordance with the substantive laws of the U.S. state of California without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. Any controversy or claim arising out of or relating to this agreement, its enforcement, arbitrability, or interpretation shall be submitted to final and binding arbitration, to be held in Orange County, California before a single arbitrator. The arbitrator shall be selected by mutual agreement of the Sponsor and the entrant or entrants bringing forth the controversy or claim, which to the extent permissible must be brought individually and not as part of a class/group (collectively, the “Parties”) or, if the Parties cannot agree, then by striking from a list of arbitrators supplied by the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The Parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Each entrant agrees that his/her claim will be resolved individually, exclusively by arbitration, without resort to any form of class action. Each entrant further agrees that any claim/judgment/award in such arbitration shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Sweepstakes but in no event attorneys' fees; and, under no circumstances, will any entrant be entitled to awards. Each entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or increased. Should any term of this section be deemed by a tribunal of competent jurisdiction void, unenforceable or contrary to law, such term shall, but only to the extent necessary to bring this section within the requirements of law, be deemed to be severed from the other terms of these Official Rules, and the remainder of these Official Rules shall be given effect as if it had not included the severed term herein. THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
Rules/Name of Winners: To receive the name of the winners or a copy of these Official Rules, send a self-addressed stamped envelope to: Party Like Dan Sweepstakes “Winners List” or “Sweeps Rules” (specify which), 2260 University Drive, Newport Beach, CA. All requests must be received by December 25, 2019. The Official Rules will be available at https://www.alister.co/pages/terms-and-conditions during the entire Sweepstakes Period. The name of the winners may also be posted on the Instagram Site.
- Sponsor: True Blitz, LLC 2260 University Drive, Newport Beach CA 92660.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. The date the Terms and Conditions were last revised is identified at the top of the page. You are responsible for visiting this page to check for any changes. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org