SATISFACTION GUARANTEE AND TERMS AND CONDITIONS
Savvier's "Satisfaction Guarantee" policy allows you to evaluate your
purchases for up to 30 days. If you are not completely satisfied during this
evaluation period, you can return your purchase to receive a full refund of
the purchase price, minus shipping and handling charges. By keeping
the product beyond the 30 day evaluation period, then you are agreeing to
the Satisfaction Guarantee and Terms and Conditions, including the terms and
conditions below. THE TERMS AND CONDITIONS BELOW CONTAIN AN ARBITRATION
AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY
AFFECT YOUR LEGAL RIGHTS.
You do not need to call before returning a product for a refund. Simply
return the product to us (Booty Kicker, 1493 Poinsettia Avenue
#139, Vista, CA 92081) at your expense with appropriate shipment
insurance. You
should include your name, address and phone number to ensure the refund is
applied correctly. Also include a note with a brief reason for the return,
although this is not required to receive a refund. You must return all
components, except any items advertised as free gifts. Savvier's customer
service will issue a refund (either by credit card refund or by mailing a
refund check) within 10 business days of receiving the returned merchandise,
provided the return qualifies for a refund consistent with these terms. If the
return does not qualify or is incomplete, then our customer service will
attempt to notify you of the additional steps required to qualify for a
refund. In the event a product is damaged during shipment to you, Savvier will
ship a replacement at no additional charge, provided you notify Savvier's
customer service 800-464-7309 of the damaged shipment within 5 business days
of receiving it. If you desire replacement parts or components after 30 days,
these can be purchased on our website or by calling customer service.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
You and Savvier agree that this arbitration agreement is made pursuant to a
transaction involving interstate commerce and shall be governed by the Federal
Arbitration Act ("FAA"), and not by any state law concerning arbitration; and
that any dispute between us, including disputes against any agent or affiliate
will be resolved exclusively and finally by binding arbitration and the
arbitration decision may be enforced and judgment entered thereon in any court
of competent jurisdiction.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR
RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In
arbitration, a dispute is resolved by a neutral arbitrator or panel of
arbitrators, rather than by a judge or jury. Arbitration is more informal,
however, an arbitrator can award the same relief that a court can award. The
arbitration will be administered by the American Arbitration Association
("AAA"), and conducted under AAA's Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA
Rules") then in effect at the time of the dispute. You may obtain
copies of the AAA Rules and forms and instructions for initiating an
arbitration by visiting the AAA website at www.adr.org, or by calling AAA at
(800) 788-7879. If you initiate an arbitration, Savvier will
promptly reimburse you for any standard filing fee which may have been
required under AAA's Procedures once you have notified Savvier in writing and
provided a copy of the arbitration proceedings. The prevailing party in the
arbitration may be awarded attorneys' fees, costs and reimbursement of filing
fees. If for any reason the AAA is unavailable, the parties shall mutually
select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a
class action basis or in a purported representative capacity. No claim
submitted to arbitration is heard by a jury or may be brought as a private
attorney general. You do not have the right to act as a class representative
or participate as a member of a class of claimants with respect to any claim
submitted to arbitration. The arbitrator may not consolidate more than one
person's claims against Savvier and may not preside over any kind of
representative or class proceeding against Savvier. You acknowledge that this
class action waiver is material and essential to the arbitration of any
disputes between the parties and is nonseverable from the agreement to
arbitrate claims. If any portion of this class action waiver is limited,
voided, or cannot be enforced, then the parties' agreement to arbitrate shall
be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION
WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST SAVVIER IN AN INDIVIDUAL CAPACITY
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR
REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THE FOREGOING TERMS, YOU
MUST TELL US IN WRITING AND RETURN THE PRODUCT WITHIN 30 DAYS OF PURCHASE,
TO GET A FULL REFUND.
