TERMS & CONDITIONS

The Charm Club Rewards program is administered by Charming Charlie, LLC ("Charming Charlie"). Charm Club Rewards is a free, points-based customer loyalty program valid in the United States. No purchase is required to join. Members earn rewards based on points accumulated from qualifying Charming Charlie purchases and from other activities and incentives, as determined by Charming Charlie from time to time. Rewards are valid as discounts on purchases at any U.S. Charming Charlie store. Rewards are not currently valid on www.CharmingCharlie.com purchases.

By becoming a Charm Club Rewards member, you (i) represent that you are 18 years of age or older and (ii) agree to these program Terms & Conditions ("Terms"). PLEASE TAKE NOTICE THAT THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A JURY TRIAL AND CLASS ACTION WAIVER.

RIGHT TO AMEND

Charming Charlie reserves the right to amend or modify the Charm Club Rewards program and program Terms at any time and in any way at its sole discretion. If Charming Charlie amends or modifies the Terms, notice of such amendment or modification will be provided at CharmingCharlie.com and notice may also include an email to current members. Charming Charlie may terminate the Charm Club Rewards program at any time, which may result in loss of accumulated points and rewards and cancellation of all benefits and privileges associated with the program. Charming Charlie will give current members advance notice if the program is discontinued. The Charm Club Rewards program is void where prohibited by law.

Charming Charlie can delay enforcing its rights under these program Terms without losing them. In addition, Charming Charlie's failure to exercise its rights on any one occasion, or even on more than one occasion, does not constitute a waiver of Charming Charlie's rights for any future occasion. All waivers must be in writing.

ELIGIBILITY

Charm Club Rewards is an individual-oriented program. Membership in the program is limited to individuals only and to one account per individual. The Charm Club Rewards program is open to individuals who are at least 18 years of age, are U.S. residents and who provide first and last name, as well as provide and maintain a valid e-mail address. Corporations, associations, commercial customers and others purchasing items for resale are not eligible for membership. Charming Charlie employees and members of their immediate households are eligible for membership and subject to Charming Charlie's employee purchase policies. Membership eligibility is subject to applicable law.

ENROLLMENT

Customers may enroll in the Charm Club Rewards program at any participating U.S. Charming Charlie store locations and www.charmingcharlie.com. To enroll in the program, customers must provide their first name, last name and email address. Customers are not required to provide a phone number to become a Charm Club Rewards program member. However, if a customer provides her phone number, she can use it the next time she shops to identify herself as a Charm Club Rewards program member. Charming Charlie offers this option as a convenience so that customers don't have to keep up with a card or membership number. Upon enrolling, members will be assigned a Charm Club Rewards account and an account number. Members are able to log into their online account with their registered email address to update their profile information or view their membership account information, including points balance and points needed to qualify for Silver or Gold Status. Members are provided the ability to use their email and password to gain access to a restricted portion of the Charming Charlie website. Each Member has the responsibility for the use and security of their email and password. If a member of the program is not already a registered user of the website, they need to log in to their member account with the email they provided upon enrollment and complete the required profile information.

COMMUNICATION

Members can obtain information about the program, their account activity, and change their profile preferences and contact information at any time on charmingcharlie.com in their online account. Account and program information may also be obtained by contacting Customer Service by email at customerservice@charmingcharlie.com or by phone at 1-888-675-2275.

Communications about the program, including any changes, point summaries, special promotional materials, and rewards, will be sent to the email address provided by the member. Members may also view their account status on charmingcharlie.com. Charming Charlie assumes no responsibility for, and is not liable for any unauthorized access by third parties to, a member's account and/or account information.

By enrolling in the Charm Club Rewards program, members agree to receive transactional emails as well as advertising, promotional offers, marketing materials and other communication and updates from Charming Charlie unless expressly disallowed as a profile preference. Members may unsubscribe from Charming Charlie promotional emails at any time via the unsubscribe link in those emails. Members will continue to receive rewards and program-related messages via email unless they either 1) contact customer service to cancel their membership; or 2) select a full opt-out of all emails including reward notifications via the unsubscribe link in emails that are sent from the Charm Club Rewards program directly.

Members are responsible for maintaining accurate and updated personal information regarding their account. Charming Charlie may obtain change of address updates from other sources such as the U.S. Postal Service, but is not obligated to do so.

MEMBER PRIVACY

The information members provide will be handled according to the Charming Charlie privacy policy. If a member is interested in learning more about Charming Charlie privacy practices, please refer to our Privacy Policy.

MEMBERSHIP

There are three levels to the Charm Club Rewards program:

  • Bronze = entry level; no purchase required
  • Silver = customers who spend $100.00-199.99 in qualifying purchases in a calendar year
  • Gold = customers who spend $200.00 or more in qualifying purchases in a calendar year

Bronze (entry) level Charm Club Rewards program membership has the following benefits:

  • Earn 10 points for every $1 spent on qualifying purchases
  • For every 1,000 points earned, receive a $5 Reward
  • Member-only promotions and events
  • Special birthday bonus
  • Updates on new arrivals, special events, promotions and special offers
  • Exclusive Charm Club Rewards program exchange policy: Charming Charlie offers a full year to return merchandise and receive store credit for the amount paid at the time of transaction. Click here for complete exchange policy terms and conditions.
  • Bonus points for social connections (see below)

Birthday Bonus: Members will receive a Birthday Bonus Certificate during the member's birth month. Member must have a valid email address and birth date on file at least one week prior to their birth month to be eligible for a birthday bonus. To redeem a Birthday Bonus Certificate, members must present a physical or digital copy of the Birthday Bonus Certificate prior to purchase. Offer and validity will vary. Charming Charlie reserves the right to deny a member’s Birthday Bonus Certificate if date of birth provided has been altered. Birthday Bonus Certificates administered in the form of Reward Certificates are subject to the terms described below under “Reward Certificates.”

SOCIAL CONNECTIONS

Social connection points are awarded to Charm Club Rewards program members only. A Charm Club Rewards program membership account must be created and an email address provided to earn social connection points.

  • Earn 2000 points for every successful referral. A successful referral is completed when the new Charming Charlie customer referred creates a Charm Club Rewards program account and makes a Charming Charlie purchase
  • Earn 250 points for each social media account connected when you connect your Facebook, Twitter, Instagram and/or Pinterest account(s) to your Charm Club Rewards program account. Points awarded only if connection is made from the CharmingCharlie.com home page by clicking on the corresponding social media icons.
  • Earn 100 points for every unique click on your social share (up to 5)

All Charm Club Rewards program members will be able to track their “Referral Status” from the online portal www.charmingcharlie.com/refer-a-friend

BENEFITS OF SILVER STATUS AND GOLD STATUS

Silver Status: Silver Status is attained after a Charm Club Rewards program member spends $100 on qualifying purchases within a calendar year. Qualifying purchases are defined as any U.S. store and www.charmingcharlie.com purchase of Charming Charlie merchandise, excluding the amount of Charm Club Rewards program Silver Status and Gold Status free gifts, sales tax, state fees, shipping charges, delivery charges, personalized products purchased on charmingcharlie.com, discounts, redemption of Rewards Dollars, redemption of Reward Certificates, redemption of gift cards, and fees or other non-merchandise charges. Purchases OF Charming Charlie gift cards count toward qualifying purchases; however, purchases made WITH redemption of a gift card do not. Status update may take 24-72 hours from time of qualifying purchase. Silver Status benefits begin immediately upon issuance of customer notification of the status update. Notification may take up to a week from the date the status update is processed in Charming Charlie’s customer database. Benefits valid for the balance of the qualifying year from notification date and through the end of the following calendar year (“Membership Term”). Maintaining Silver Status requires the member to spend at least $100 per calendar year on qualifying purchases. Status and benefits will expire at end of Membership Term if yearly qualifying purchase amount is not met. Charming Charlie will not be responsible for a failure of any program member to receive his or her notification in the event the member has failed to update his or her e-mail address or other contact information.

Silver Status Benefits

  • Bronze (entry level) benefits described above; plus:
  • Enhanced Birthday Bonus
  • Access to Silver and/or Gold members only events, promotions and previews
  • Early access to select sales (time, date and method of which are at discretion of Charming Charlie and subject to change)
  • A gift of one full-priced Charming Charlie brand merchandise item regularly priced at $8.00 or less. Discounted items and third party brand merchandise are not eligible. Limit one gift perMembership Term. Must be collected in store by dates specified. See “Free Gift for Tier Achievement” for details.

Gold Status: Gold Status is attained after a Charm Club Rewards program member spends $200 on qualifying purchases within a calendar year. Qualifying purchases are defined as any U.S. store and www.charmingcharlie.com purchase of Charming Charlie merchandise, excluding the amount of Charm Club Rewards program Silver Status and Gold Status free gifts, sales tax, state fees, shipping charges, delivery charges, personalized products purchased on charmingcharlie.com, discounts, redemption of Rewards Dollars, redemption of Reward Certificates, redemption of gift cards, and fees or other non-merchandise charges. Purchases OF Charming Charlie gift cards count toward qualifying purchases; however, purchases made WITH redemption of a gift card do not. Status update may take 24-72 hours from the time of qualifying purchases. Gold Status and benefits begin immediately upon issuance of customer notification of the status update. Notification may take up to a week from the date the status update is processed in Charming Charlie’s customer database. Benefits are valid for the balance of the qualifying year from notification date through the end of the following calendar year (“Membership Term”). Maintaining Gold Status requires the member to spend at least $200 per calendar year on qualifying purchases. Status and benefits will expire at end of Membership Term, if yearly qualifying purchase amount is not met. Charming Charlie will not be responsible for a failure of any program member to receive his or her notification in the event the member has failed to update his or her e-mail address or other contact information.

Gold Status Benefits

  • Bronze (entry level) benefits described above; plus:
  • Enhanced Birthday Bonus
  • Access to Silver and/or Gold members only events, promotions and previews
  • Early access to select sales (time, date and method of which are at discretion of Charming Charlie and subject to change)
  • A gift of one full-priced Charming Charlie brand merchandise item regularly priced at $15.00 or less. Discounted items and third party brand merchandise are not eligible. Limit one gift perMembership Term. Must be collected in store by dates specified. See “Free Gift for Tier Achievement” for details.
  • One free shipping coupon (refer to “Free Shipping Coupon” below)
  • Invitation to at least one promotion related to gift cards (see “Promotions” section)

FREE GIFT FOR TIER ACHIEVEMENT

Free gifts are awarded for achievement of Silver Status and Gold Status members, and may only be claimed in stores (not online at charmingcharlie.com). Members will not receive Charm Club Rewards program points for amount of free gifts included at purchase. Free gifts are valued at $0 at purchase and are not returnable or exchangeable. The customer will be notified when a free gift is available and it may take 72 hours after qualifying purchase to receive notification. Silver Status and Gold Status members have 1 year upon qualifying to redeem their free gift, after that date the customer forfeits their free gift. Upon the event that the customer moves from Bronze Status to Gold status in one (1) transaction, the customer is only eligible for the Gold status free gift (not the Gold Status free gift AND the Silver Status free gift). Free gifts have no cash value and may only be used to receive ONE free qualifying Charming Charlie brand item at full retail price.

Gold Status members are eligible for one free full priced Charming Charlie brand item at $15.00 or less. Silver Status Members are eligible for one free full priced Charming Charlie brand item at $8.00 or less. If customers have multiple items in their cart equal to or less than the gift threshold, the highest priced item equal to or less than the gift threshold –may be discounted to $0.

Member status levels are based on spending, not points - therefore, bonus points do not apply to a member’s earned status.

Upgrade to Silver Status and Gold Status is calculated weekly at a minimum, and members will be sent their status welcome message shortly thereafter. Silver Status and Gold Status benefits begin immediately upon issuance of the customer notification and are valid for the balance of the qualifying year and through the end of the following calendar year (“Membership Term”).

Members must qualify for Silver Status or Gold Status each calendar year to receive benefits the following year. Eligibility is reviewed weekly at a minimum. For existing Silver Status or Gold Status members who do not re-qualify for Silver Status or Gold status in the subsequent year, their membership will revert to a lower tier program membership (Silver Status or Bronze Status, depending upon eligibility) upon expiration at end of the Membership Term. Notifications prior to expiration may be sent to members to encourage them to re-qualify.

For example: A member spends $50 on June 12, 2016. This purchase, cumulative with all dollars spent in 2016, totals $200 or more. The member now qualifies for Gold Status and Charming Charlie will notify the member by June 22, 2016 that they have qualified for Gold Status and the member will enjoy Gold Status benefits through December 31, 2017.

The member will need to spend at least $200 within 2017 to maintain Gold Status for 2018. As soon as her cumulative spending in 2017 meets or exceeds $200, she has re-qualified for Gold status for 2018 and will continue enjoying Gold Status benefits without interruption throughout 2018. Should she spend between $100 and $199.00 in 2017, she would instead qualify for Silver Status in 2018.

SHIPPING WAIVER COUPON

Members who have achieved Gold Status will be sent a free shipping coupon to be used toward a future online purchase of any amount at charmingcharlie.com. Coupons have no cash value, are non-transferable and not exchangeable. Void if sold, purchased, bartered or exchanged for cash or other consideration or if received or used in violation of these program Terms. Free shipping coupon may not be combined with other promotional or sale price offers, discounts or coupons. Valid toward standard shipping only; expedited, international, or bulk/excluded items are not covered. Charming Charlie is not responsible for failure of customer to receive her coupon due to failures by USPS or email service providers. Members may be sent the coupon at any time up to 4 months from the time they (re)qualify for Gold Status. Coupons will be valid until the date printed on the coupon.

SILVER STATUS AND GOLD STATUS BONUS POINT PROMOTIONS CERTIFICATES

Silver Status and Gold Status members will receive promotional offers from time to time throughout the year. To redeem a Silver Status or Gold Status Bonus Point Certificate or participate in a Silver Status-only or Gold Status-only bonus point offer, a member must be a current Silver Status or Gold Status member and either present and surrender the valid Silver Status or Gold Status Bonus Point Certificate or identify themselves as a Silver Status or Gold Status member prior to purchase. Expiration dates of the Bonus Point Certificates and offers may vary, but the valid period cannot exceed the Silver Status or Gold Status Membership Term. Bonus Point Certificates are non-transferrable. Bonus Point Certificates may or may not be combinable with other promotional offers, including other bonus point promotions, depending upon the specific rules of each such promotion or offer.

PARTICIPATION / OWNERSHIP

Charm Club Rewards program points and/or Reward Dollars (as defined below) are not transferable, have no cash value, may not be purchased and are not redeemable for cash under any circumstances except as required by law. Charm Club Rewards program points and/or Reward Dollars may not be combined among members or conveyed by any means to anyone, including through a member's estate, and may not pass to a member's successors. Charm Club Rewards program accrued points and/or Reward Dollars do not constitute property of the member, and are not transferable by the member upon death, as part of a domestic relations matter, or otherwise. Charm Club Rewards program points and other benefits of the program may be taxable where required by law.

Any membership card is the property of Charming Charlie and must be surrendered upon request. Membership rules are void where and only to the extent prohibited by law.

A member may cancel their membership at any time by contacting Customer Service at 1-888-675-2275. Cancellation may take 10 business days to finalize. Upon cancellation, membership will be deactivated.

Charming Charlie, at its sole discretion, has the right to terminate an individual membership and close a member's Charm Club Rewards account at any time and for any reason; including violating these terms and conditions or any conduct detrimental to Charming Charlie or otherwise not within the spirit of the program. In the event of a member's account being terminated, the member forfeits any balance of accumulated points, rewards or any other account value.

Charming Charlie reserves the right to make bonus points and other promotional offers available to select members based on purchase activity, geographic location, program participation, and/or information supplied by the member. Charming Charlie reserves the right to add, withdraw, amend, or otherwise change bonus opportunities at any time at its sole discretion.

Any account with no qualifying purchases for a period of 3 years (36 months) or more will be deemed inactive and the account may be closed at Charming Charlie's discretion.

Purchases and account accrual, as reflected in Charming Charlie records, shall be deemed correct. Charming Charlie reserves the right to determine the amount of Reward Dollars to be awarded to a member based on Charming Charlie's internal records related to a member's account. In the event of an inconsistency between the amount accrued in a member's account as stated on any member's receipt or online and Charming Charlie's internal records, Charming Charlie's internal records will control. Charming Charlie reserves the right to make corrections at any time, in its sole discretion, in the calculation of the award of Charm Club Rewards program points or Reward Dollars.

EARNING POINTS

Members earn 10 points for every $1 spent on qualifying purchases. Qualifying purchases are defined as any U.S. store and www.charmingcharlie.com purchase of Charming Charlie merchandise, excluding the amount of Charm Club Rewards program Silver Status and Gold Status free gifts, sales tax, state fees, shipping charges, delivery charges, personalized products purchased on charmingcharlie.com, discounts, redemption of Reward Dollars, redemption of Rewards Certificates, redemption of gift cards, and fees or other non-merchandise charges. Charm Club Rewards program points are awarded for the purchase of Charming Charlie gift cards, but not for items purchased with redemption of gift cards.

Points issued are based on the total qualifying purchase and rounded to the nearest 10 point increment. For example, $10.49 earns 100 points, where $10.50 earns 110 points.

Points for qualified purchases will post to the members' account within 72 hours of the qualifying purchase. Points will be credited only to the account of the Charm Club Rewards member who makes the qualifying purchases. Points are not transferrable or combinable with other accounts.

Points issued are valid for 12 months from the date of purchase. A member's points do not expire so long as the member makes at least 1 qualifying purchase of any amount every 12 months. If the member has no qualifying purchase within any 12 month period, all accumulated points will expire and be forfeited. Each qualifying purchase automatically extends the expiration date of all unused points in a member's account for 12 months from the date of the qualifying purchase. Activities or incentives other than qualifying purchases do not extend the expiration date of accumulated points.

For example: If a customer has 900 points and had two purchases, 4/12/17 and 6/1/17, they can make a purchase on 5/29/18 and save ALL of their points until 5/29/19. But, if they do not make another purchase, ALL of their points expire on 6/1/18.

Points are only awarded on transactions where a Charm Club Rewards account is identified at the time of purchase. Charming Charlie is unable to retroactively issue points for a purchase where an account was not identified. Points cannot be issued for purchases made prior to membership. All points and subsequent rewards must be earned and used according to the Terms.

Points have no cash value and are non-transferable or exchangeable unless specifically authorized by Charming Charlie. Points may be earned on combined purchases totaling $2,000 within any calendar year. Any purchases within a calendar year made after a member spends a total of $2,000 within that calendar year will not accrue points.

REDEEMING POINTS

Charm Club Rewards program points will automatically be subtracted from the member's point balance as a discount (“Reward Dollars”) toward a transaction. Any remaining balance of accrued points will be reflected in the member's point balance. Points can be redeemed only if the member has at least 1000 points in the member’s account. Reward Dollars are applicable to transactions only in whole dollar increments. A minimum of 1,000 points (a reward value of $5) is required to be redeemed in any redemption transaction. Any reward value of $5 or greater can be redeemed at checkout in stores at the request of the member.

For example: If a customer has $15 Rewards Dollars available, and uses $6 of them, $9 dollars will remain available for a later purchase. However, if the customer uses $13 of their $15 Reward Dollars, a $2 balance will remain in the customer’s account and will only become usable once the balance has again reached $5 or more (i.e. once the customer has made the subsequent required purchases to achieve at least an incremental $3 in rewards).

Reward Dollars may not be used toward online purchases, sales tax, state fees, shipping charges, delivery charges, purchase of gift cards, fees or other non-merchandise charges. Member must proactively alert the Charming Charlie associate prior to completion of a transaction that she would like her available Reward Dollars to be applied. Retroactive usage of Reward Dollars toward purchases is not allowed.

REWARD CERTIFICATES

Reward Certificates are valid toward the purchase of any Charming Charlie merchandise available in U.S. stores and on www.charmingcharlie.com. As birthday gifts or for other events, Charming Charlie may issue Reward Certificates toward a discount off future U.S. store and www.charmingcharlie.com purchases of Charming Charlie merchandise.

Reward Certificates are available for members to print directly from email.

Reward Certificates are not transferable and may only be used by the member to whom issued. Reward Certificates are not valid on prior purchases, certain products and services or purchase of Charming Charlie gift cards.

To redeem Reward Certificates in store, members must present and surrender a copy of their Reward Certificate to the sales associate at the time of redemption. Alternatively, a member can present their Reward Certificate to the Sales associate at the time of redemption by showing the Reward Certificate and corresponding code on their mobile device. Up to three Reward Certificates may be applied to a single transaction in store.

To redeem Reward Certificates online, members must enter a valid and current Reward Code from their Reward Certificate in the Voucher Field during the checkout process. Only one Reward Certificate may be applied within a single online transaction.

Reward Certificates are combinable and can be used in conjunction with any other Charming Charlie promotional or sale price offer, discount or coupon, not to exceed the purchase amount both in store and online.

Reward Certificates must be fully used within a single transaction; any unused balance will be forfeited. Reward Certificates are non-transferable or exchangeable unless specifically authorized by Charming Charlie. Reward Certificates have no cash value and are not redeemable for cash and no change/currency will be given for any unused portion of a Reward Certificate. Reward Certificates are void if sold, purchased, bartered or exchanged for cash or other consideration or if received or used in violation of these program Terms.

Unless noted otherwise on the Reward Certificate, each Reward Certificate will expire at the end of the month issued. Reward Certificates must be used before the expiration date indicated on the certificate or the Reward Certificate will be forfeited.

Charming Charlie will not be responsible for a failure of any program member to receive his or her Reward Certificate in the event the member has failed to update his or her e-mail address.

RETURNS

Points earned on purchased items that are later returned will be deducted from a member's account. Should a return create a negative balance in a member’s account, points earned and posted to the account will be applied to the negative balance until the account balance reaches zero. Then, points resume to accumulating for future rewards.

In the event that a member returns merchandise that was partially or wholly paid for with Reward Dollars, the points used in connection with such a purchase shall not be reissued to such member's account.

PROMOTIONS

From time to time, members may be eligible for sweepstakes, contests or other similar promotions. Participation in such events shall be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.

Gold Status members will be made aware of limited-time promotions relating to the purchase of gift cards during tenure as Gold Status members. Gift card promotions will be subject to the terms, conditions, and rules published at the time of such event and applicable state laws.

ADDITIONAL TERMS

Intellectual Property

The Charming Charlie logo, Charm Club Rewards logo and other logos and taglines used in connection with the Charm Club Rewards program are solely the intellectual property of Charming Charlie, LLC.

Choice of Law

The Charm Club Rewards program and these Terms will be governed by and construed under the substantive laws of the State of Texas without reference to conflict-of-laws considerations, except where federal law including the Federal Arbitration Act apply.

Individual Arbitration of Claims

Please read this Individual Arbitration of Claims Section ("Arbitration Agreement") carefully. It is part of the Terms and affects Charm Club Rewards program members’ rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Arbitration Agreement.

All claims and disputes between a Charm Club Rewards program member and Charming Charlie (including its employees and agents) regarding, relating to or arising out of the Charm Club Rewards program and/or these Terms shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.

(b) Arbitration Rules.

The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms ("Arbitration Rules"). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of the member's residence. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Additional Rules for Non-appearance Based Arbitration.

If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(d) Fees and Costs.

In the event that the member demonstrates that (1) his or her claim is less than $10,000, and/or (2) the costs of arbitration will be prohibitive as compared to costs of litigation, Charming Charlie will pay as much of the member's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Charming Charlie also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Charming Charlie will not pay a member's share of the arbitration fees if the arbitrator finds that either the member's claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

(e) Authority of Arbitrator.

The arbitrator will decide the rights and liabilities, if any, of the member and Charming Charlie, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon the member and Charming Charlie.

(f) Waiver of Jury Trial.

MEMBER AND CHARMING CHARLIE HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

(g) Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE PROPERTY OWNER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER MEMBER. In the event that this subparagraph is deemed invalid or unenforceable neither the member nor Charming Charlie are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Houston, Texas.

(h) Severability.

Except as otherwise provided in subparagraph (g), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(i) Opt Out of Arbitration.

If a member does not want to be bound to this Arbitration Agreement, the member must opt out of it within 30 days of it first becoming applicable to the member (i.e., within 30 days of the member first agreeing to a version of these Terms containing the Arbitration Agreement). To opt-out, the member must send a letter or postcard to Charming Charlie, at the attention of the "Legal Department" at 5999 Savoy, Houston, Texas 77036.

(j) Survival of Agreement.

This Arbitration Agreement shall survive the termination of the Terms.

(k) Changes to Arbitration Agreement.

Notwithstanding any provision in these Terms to the contrary, Charming Charlie agrees that if Charming Charlie makes any future change to this Arbitration Agreement provision, it will not apply to any individual claim(s) of which a member had already provided notice to Charming Charlie.

(l) Small Claims Court.

Notwithstanding the foregoing, either the member or Charming Charlie may bring an individual action in small claims court.

(m) Courts.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to if the member opts out of arbitration pursuant to subparagraph (i)) , the parties hereby agree to submit to the personal jurisdiction of the courts located in Harris County, Texas, for such purpose.