Terms of Service

Charles Ottolini Designs grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use.  You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.

Changes to Terms and Conditions

Charles Ottolini Designs reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time.  Changes in these terms and conditions of use will be effective when posted.  You agree to review these terms and conditions of use periodically to be aware of any changes.  Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes. Charles Ottolini Designs reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Charles Ottolini Designs shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site (or any part thereof).

Ownership; Restrictions

Charles Ottolini Designs owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.  Charles Ottolini Designs is the owner of the copyright in the entire Site. Charles Ottolini Designs owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Charles Ottolini Designs. You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Charles Ottolini Designs and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and servicemarks of Charles Ottolini Designs and its affiliates and Content owners by viewing the Copyright and Trademark Notice.

Changes to Site or Content

Charles Ottolini Designs shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or hours of availability. Charles Ottolini Designs may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Acceptable Use Policy

As a condition of your use of this Site, you warrant to Charles Ottolini Designs that you:
1.	Will only use this Site for lawful purposes in accordance with our terms and conditions.
2.	Agree with our online Privacy Policy.
3.	Agree to honor our intellectual property rights.
4.	Agree to provide us with accurate information as necessary for the proper conduct of our Site and to take responsibility for the information you provide.
5.	Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate.
6.	Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission.
7.	Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.

Indemnification

You shall indemnify, defend and hold harmless Charles Ottolini Designs and any parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site.  Charles Ottolini Designs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Charles Ottolini Designs.

Links to Other websites

The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by Charles Ottolini Designs or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Charles Ottolini Designs or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of Charles Ottolini Designs or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. Charles Ottolini Designs does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Charles Ottolini Designs reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.

Product Display

Although Charles Ottolini Designs attempts to display product images as accurately as possible, it makes no representation or warranty that the color shown on the monitor is the same color as the product in the stores.

Disclaimer of Warranties and Damages; Limitation of Liability

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  NEITHER CHARLES OTTOLINI DESIGNS NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE.  CHARLES OTTOLINI DESIGNS AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO CHARLES OTTOLINI DESIGNS' NEGLIGENCE.  IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL CHARLES OTTOLINI DESIGNS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL THE TOTAL LIABILITY OF CHARLES OTTOLINI DESIGNS, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.

Charles Ottolini Designs' Rights to Materials Provided by Users

Charles Ottolini Designs welcomes your comments regarding our merchandise and services, including the Site.  However, any or all material and information provided by you to the Site may be included in a database owned by Charles Ottolini Designs and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright.  We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Charles Ottolini Designs a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.  You waive all rights you may have to inspect and/or approve of any use by Charles Ottolini Designs of any material or idea submitted by you in any Communications or receive any compensation for such use.  You waive all rights to any claim against Charles Ottolini Designs for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.  You agree and understand that Charles Ottolini Designs is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others.  You acknowledge that by submitting Communications to Charles Ottolini Designs or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Charles Ottolini Designs or any Charles Ottolini Designs affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use.  Charles Ottolini Designs shall not be responsible for the payment of any monies to any party in connection with Charles Ottolini Designs' use of Communications submitted by you to the Site.

Merchandise Pricing/Errors on Site

All prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States. Online prices and selection generally match those in stores, but may vary. Prices and inventory levels are subject to change without notice. Charles Ottolini Designs will correct errors when discovered, and reserves the right to revoke any stated offer on the Site.

Non-United States Residents

Order Acceptance/Confirmation/Limitations

Your email or text message order confirmation does not constitute Charles Ottolini Designs’ acceptance of your order, nor does it constitute confirmation of Charles Ottolini Designs’ offer sell the ordered products. Charles Ottolini Designs reserves the right to decline your order for any reason whatsoever, with or without notice, following receipt of your order. Charles Ottolini Designs reserves the right, in its sole and absolute discretion, to limit quantities ordered or to prohibit orders by dealers. 

Charles Ottolini Designs makes no representation that materials in the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General Provisions

These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to conflicts of laws provisions.  The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Knox or Sevier County in the State of Tennessee and you hereby irrevocably consent to the jurisdiction of such courts.  If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.  These terms and conditions of use constitute the entire agreement between you and Charles Ottolini Designs with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  No waiver by either you or Charles Ottolini Designs of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  The section headings used herein are for convenience only and shall not be given any legal import.  

REFUND POLICY 

Purchases are returnable in original condition within 30 days from date of purchase.

1.	With an original receipt, we will provide an exchange or refund in the original form of payment.
2.	Without original receipt, if you have a valid photo ID, we will provide an exchange or store credit for the current selling price. This excludes specifically labeled merchandise, which may only be returned with the original receipt
3.	All sales final on merchandise sold “As-Is” or with a damage discount.
4.	Shipping, delivery, and handling fees are non-refundable.

Check and Credit Card Policy

1.	Preprinted checks accepted with two valid forms of ID. One being a photo ID.
2.	Returned checks subject to $30 service fee, or other amount allowed by law.
3.	Returned checks and service fees may be collected by electronic re-presentment or through normal banking channels.
4.	We accept PayPal, American Express, MasterCard, Visa credit cards and debit cards.
5.	We reserve the right to verify funds and to refuse any form of payment.

Pricing Policy

1.	Charles Ottolini Designs is committed to accurate pricing. Price discrepancies should be brought to the attention of a Sales Associate for immediate correction.


Your Privacy Rights

(Effective September 22, 2011)

Charles Ottolini Designs (“Charles Ottolini Designs”, “us”, “our”, or “we”) is committed to protecting your privacy when you visit the charlesottolini.com website (“Site”). This privacy policy will help you understand what information is collected when you visit the Site or our stores, and how that information will be used. If we adjust this policy in the future, we will post those changes here. Since this policy applies to you, you should review this policy from time to time as it may have changed.


Aggregate Non-Personal Information That We Collect

"Aggregate non-personal information" is information that is recorded about users and collected into groups so that it no longer reflects or references an individually identifiable user. We collect the following aggregate non-personal information from visitors to our site:

•	Aggregated non-personal information on those pages visitors access.
•	Information volunteered by visitors during registration.


Personally Identifiable Information That We Collect

When you register for services in our stores or purchase products from the Site, the following personally identifiable information may be collected:

•	Name
•	Mailing / Shipping Address
•	Telephone Number
•	Email Address
•	Birth Date and/or Year of Birth
•	Year of Graduation from High School
•	Credit Card Information
•	Information volunteered by visitors during registration

For example, when you shop online with Charles Ottolini Designs, we will also ask you to submit certain information identified above in order to properly process your order and ship your order to you. If necessary, we will contact you via telephone or email to request any information needed to fulfill and ship your merchandise or to advise you of any delays to the shipment anticipated. Additionally, we may contact you after your order has shipped to ensure that your order was received in good condition and in a timely manner. In all events, we will keep the information you submit on a secure server and, your credit card information will be encrypted. You may view, change, or delete your personal information at any time by contacting us by email, mail or phone. See "For Further Information," below for contact information.


Other Information We Collect

We also automatically receive and record information from your browser, such as your IP address, Internet connection speed, and Internet connection duration.


Sharing Information

At Charles Ottolini Designs, we are committed to protecting our relationship with our customers, and we use personally identifiable information that you submitted as part of our own business (including through joint marketing agreements with third parties) or that of an affiliate or subsidiary. Specifically, from time to time we share aggregate non-personal and personally identifiable information with our affiliates, subsidiaries, and companies with which we have joint marketing arrangements, to assist in our or their marketing and merchandising efforts. We also may share with third parties aggregate non-personal information about visitors to the Site without restriction as to use.

We also may disclose your personally identifiable information to unaffiliated third parties to (a) assist us in managing and maintaining customer information, (b) assist us in our own marketing efforts; or (c) administer services on our behalf, such as credit card processing for purchases. In these situations, we do not authorize those parties to use your personally identifiable information for any other purpose.

We may also disclose your personally identifiable information or aggregate non-personal information when (a) we believe the law requires such disclosure, (b) in response to legal process and law enforcement requests, and (c) as necessary to protect the property, interests, and rights of Charles Ottolini Designs, its affiliates, subsidiaries, and others.

Finally, in the event all or a portion of the assets owned or controlled by Charles Ottolini Designs, or any subsidiary or affiliated entity are sold, assigned, transferred or acquired by another company, both personally identifiable information and aggregate non-personal information from and/or about our customers may be among the transferred assets.

Please contact us for any additional questions about the management or use of personally identifiable information or if you do not wish to have your personally identifiable information shared. See "For Further Information," below for contact information.


Cookies

A cookie is a small file that our web server will store on your computer to give you an individual ID. We use cookies to allow us to understand what areas of our Site are of interest to you so we can better serve you. For example, by allowing our Site to place a cookie on your computer, you will be able to retrieve your shopping cart during a future visit. In this case, a cookie will store useful information, including some personal information, which enables our web site to remember you when you return to visit.

If you do not wish to have a cookie on your system, you may be able to set your browser to either refuse cookies in the future or warn you before accepting a cookie. For further information, please refer to the documentation and help system provided with your browser software. In addition, browsers may allow you to delete any cookies they have accumulated during your past Internet excursions. Please note that if you set your browser to refuse cookies, some parts of our Site may not work properly.


Information Security and Notification

We maintain your information on a secured server, and we encrypt your credit card information. But, there is no perfect security that is impenetrable from hackers and thieves. In the very unlikely event we believe that the security of your information in the possession or control of Charles Ottolini Designs may have been compromised and if notification is appropriate, Charles Ottolini Designs may notify you using the information you submitted to Charles Ottolini Designs.


Other Communications You May Receive

Charles Ottolini Designs may from time to time send mailings inviting you to our sales and special promotions.
We may also make other information available to you through e-mail. However, if you do not want to receive e-mail communications, please check the appropriate box during the registration process or contact us. See "For Further Information" below for contact information.


Children's Policy

Charles Ottolini Designs is very concerned about the safety of children using the Internet. In keeping with the Children's Online Protection Act of 1998, we will not knowingly collect personally identifiable information from any visitor under the age of 13 without prior verifiable parental consent.

If we discover that a visitor under the age of 13 has registered without parental consent, we will remove his or her registration information from our files. We may then maintain a record of the child's name and address in a DO NOT REGISTER file to prevent future re-registration by them.


Links to Other Sites and Services

This Site may include links to other sites that are not within our control. These websites have their own policies about privacy and security, which you should review before using those sites. Men's Wearhouse does not assume any responsibility for these linked sites and provides these links solely for the convenience of our customers.


Social Security Number Protection Policy

Social Security numbers are classified as "Confidential" information by Charles Ottolini Designs. We work hard to protect Social Security numbers, whether in paper or electronic form, and we have policies and procedures that prohibit the unlawful disclosure of and that limit access to Social Security numbers. These restrictions apply to all Social Security numbers collected or retained by Charles Ottolini Designs in connection with customer, employee or other relationships.


For Further Information

If you have any questions, comments or concerns, please contact us in one of the following ways:

•	Call: 865-453-1563
•	Fax: 865-429-1221
•	Email   charles@charlesottolini.com
•	Write us at: 

Charles Ottolini Designs
Customer Relations
P.O. Box 4416
Sevierville, TN 37864
Attn: Online Customer Relations