Terms of Service

This Terms of Use Agreement (“Agreement”) explains your rights and obligations in using the websites of Charming Charlie LLC and its affiliates (collectively, “Charming Charlie”).  Such websites, and all activities thereon, constitute the “Service” or the “Services”. Please read this Agreement carefully. By continuing to use the website, you are telling us that have read, that you understand and that you agree to everything in this document. 

AS-IS

You agree to use the Services as-is.  UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICES BY ANY MEANS IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.

SUBJECT TO CHANGE

You agree that we may change or discontinue the Services in our sole discretion and with no prior notice to you.

SOLE CONSIDERATION

You agree that our sole offer to you in connection with the Services is to provide them as-is, or as modified by us in our sole discretion, until such time as we should choose to discontinue the Services or any component of the Services.

DISPUTE RESOLUTION - VENUE

You agree to be subject to the jurisdiction of the state and federal courts of Texas.  You agree that any dispute between you and us will be resolved in Houston, Texas to the exclusion of any other potential venue.  

DISPUTE RESOLUTION - ARBITRATION, NO CLASS ACTIONS

You agree that you will only sue us as an individual.  You agree that you will not file a class action, or participate in a class action.  You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”).  If, for any reason, AAA is not available, you or we may file our case with any national arbitration company.

YOUR LIABILITY

You are fully responsible for how you use our Services.  You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys’ fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

STANDARD OF CARE

You agree that our sole obligation to you is to provide the Services as-is.  You agree that unless we do something that is grossly negligent or an act of willful misconduct in connection with the Services, we will not be liable to you or to any third party. 

LIMITATIONS ON LIABILITY

If, for any reason, we are judged liable to you, you agree that your recovery will be limited to your actual damages, measured by actual out-of-pocket economic loss.  You agree that you will not ask for any consequential, special, punitive or exemplary damages, or indirect or lost profits. You agree that even if you request these types of damages, a court or arbitrator cannot award them to you.  You understand and agree that the price of these Services would be significantly higher but for these limitations on liability. 

WE’RE NOT RESPONSIBLE FOR ALL CIRCUMSTANCES

You also agree that we are not responsible for anything beyond our control.  For example, we are not liable: for Service interruptions caused by problems with the communications network; for problems caused by any Internet service provider; for your computer or its programs failing; for the acts of criminal attackers, whether in real-time or automated (e.g., viruses); or for errors in information provided to us upon which we reasonably rely.  These are only examples.

TERMINATION BY US

We reserve the right to terminate this Agreement, in our sole discretion.  We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any user who threatens or harasses any other user.

CONTEST RULES, TERMS, AND CONDITIONS

By participating in Charming Charlie contests and sweepstakes you are agreeing to the following:

Charming Charlie reserves the right, at its sole discretion, to discontinue contests and/or sweepstakes or modify these rules, terms and conditions without prior notification.

Sweepstakes are void where prohibited by law. Open only to eligible participants. The participants agree that Charming Charlie and its employees shall not be liable for injury, loss or damage of any kind resulting from participating in this sweepstakes or from the acceptance or use of any prize awarded.

Charming Charlie is not liable for any mechanical failure, or content transmission issues.

Must be 18 years of age or older and a legal resident of the U.S. to participate.

By participating you are providing Charming Charlie with permission to use your name on charmingcharlie.com and other Charming Charlie promotional materials.

Employees of Charming Charlie are ineligible to participate.

The odds of winning are based on the number of entries received.

 

Mobile Terms Of Service

Mobile Terms of Service Charming Charlie Last updated: Jan. 17, 2023 The Charming Charlie mobile message service (the "Service") is operated by Charming Charlie (“Charming Charlie”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. By consenting to Charming Charlie’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Charming Charlie through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Charming Charlie. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18334700291 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Charming Charlie mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18334700291 or email elliot@shoptiques.com. We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

AMENDMENTS

We may change the Services and this Agreement at any time, in our sole discretion.  If you continue to use the Services more than one week after we post a material change that will mean you accept the changes.  If you do not accept the changes, your sole right is to stop using the Services.