Terms of Use

This is a binding agreement (“Agreement”) between Lexington Home Brands (“Lexington”) and you, the user (“You” or “Your”). Our Internet Web Site (“Site”) is offered to you conditioned on your acceptance, without modification, of the terms, conditions, or notices contained herein. By using our Site, you confirm your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.

Modifications of These Terms of Use
Lexington reserves the right to change, modify, add or remove portions of these Terms of Use, under which our Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of our Site after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes.

Privacy
Because your privacy is important to you and to Lexington, we operate our Site in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By using this Site, you signify your acceptance of our Privacy Policy, as amended from time to time. If you do not agree with the scope and limitations of the protections provided under our Privacy Policy, please do not use this Site.

If you have questions about this Privacy Policy, please contact our Privacy Administrator atmarketing@lexington.com or via mail at Lexington Home Brands, 1300 National Highway, Thomasville, NC 27630 Attn: Marketing Department.

Registration
In order to use certain resources and services on the Site, and to participate in contests and promotions, you will be required to provide specific personal information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identify. Screen names or IDs may not be offensive, deceptive or violate any other party’s rights. Access codes and passwords should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may, at our discretion, suspend or terminate the registration of any user who violates any of these terms and conditions of use.

Compliance with Applicable Law
You agree to comply with all applicable local, state and federal laws, statues and regulations regarding your use of the Site. It is our policy to comply with all local, state and federal law. Therefore, Lexington reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

Termination of Usage
This Agreement remains in force until terminated. You may terminate this Agreement solely by discontinuing your use and access to the Site. We may terminate this Agreement, without cause and at any time. We may also, at any time, suspend or block your access to our Site without notice, for any conduct that we, in our sole discretion, believe is contrary to Lexington’s best interests, in violation of this Agreement, or in violation of any applicable local, state, or federal laws or regulations. In the event of any such termination, the restrictions on your use of the material on this Site (as set forth in the paragraph entitled “Copyrights, Trademarks and Restrictions”) shall survive such termination, and you agree to be bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.

Rules of Conduct
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You must not use, allow, or enable others to use the Site, or knowingly condone the use of the Site by others, in any manner that is, attempts to, or is likely to, in Lexington’s sole opinion:

  1. Be objectionable for any reason, adversely affect Lexington, or reflect negatively on Lexington, the Site, Lexington’s good will, name, or reputation;
  2. Discourage any person, firm or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to Lexington in connection with the Site;
  3. Result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, spamming, or phishing;
  4. Violate any laws (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), regulations, judicial or governmental orders, or treaties; or
  5. Violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of Lexington or of any other person, firm or enterprise;

In addition, you must not:

  1. Use the Site for commercial or business purposes, without prior written consent from Lexington, including, without limitation, advertising, marketing or offering goods and services, whether or not for financial or any other form of compensation or through linking with any other website or pages;
  2. Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
  3. Transmit, distribute, or upload programs or material that contain malicious code, such as, without limitation, viruses, time bombs, cancel bots, worms, Trojan horses, spyware, malware, or other potentially harmful programs, material, or information;
  4. Gain or attempt to gain unauthorized access to the Site, other users’ accounts, names, or passwords, personally identifiable information, or other computers, websites, or pages that are connected or linked to the Site;
  5. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement or in any manner that obstructs the use or enjoyment of the Site by any other person, firm, or enterprise; or
  6. Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm, or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm enterprise to do so.
  7. Take any action that could impose an unreasonably large data load or transfer on the infrastructure that supports the Site.

Product Information
All prices displayed on the Site are quoted in U.S. dollars and are valid in the continental United States only. Sales taxes are assessed as applicable. We reserve the right, without prior notice, to discontinue products, or change specifications and prices on products posted on the Site. Please confirm availability with your authorized dealer prior to purchasing any product. We reserve the right to limit the order quantity on any items without prior notice.

Product Descriptions
Lexington attempts to be as accurate as possible in product representations and Site content. Electronic images from computer monitors may not have the color accuracy or resolution necessary to depict our products with absolute accuracy. Lexington does not warrant that product descriptions, images and Site content are free of errors.

Copyrights, Trademarks, and Restrictions
Except as otherwise provided, all material and content on this Site, including, but not limited to items such as logos, illustrations, clips, images, text, and specifications, is the property of, or licensed to, Lexington, and is protected by United States and international copyright laws. You may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell, reverse engineer, or otherwise use such material or content without the prior written consent of Lexington. All words and symbols designated by ® or ™ and used on or in connection with Lexington products or marketing materials are trademarks owned by Lexington and are protected under federal and state laws. Trademarks owned by other companies are used with permission of their respective owners. In instances where trademark symbols are omitted for creative reasons, the validity of these marks remains intact and enforceable.

Online Selling Policy
Lexington may offer products or marketing materials for purchase through its Site. Such transactions are subject to our Privacy Policy, which is incorporated by reference into this Agreement.

Contests and Promotions
From time to time, Lexington may conduct contests or promotions on the Site. Each contest or promotion may have additional terms and/or rules that will be posted or otherwise made available to you and, for purposes of each contest or promotion, will be deemed to be incorporated into this Agreement.

Indemnity
You agree to indemnify, defend, and hold harmless Lexington, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of the Site, your failure to use the Site, your breach or alleged breach of this Agreement, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Lexington or third parties.

Limitation of Liability
Your use of the site or materials available through this Site is at your own risk. Neither Lexington, nor any of its affiliates or any other party involved in creating, producing, or delivering the Site, nor any of their respective employees, agents, directors, officers, and shareholders will be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, or other damages arising out of or in any way connected with the use of, or the inability to use, this Site, the materials on the Site, or any products or services provided pursuant to the Site, even if advised of the possibility of such damages, including, without limitation, damages for loss of profits, use, or data, loss of other intangibles, loss of security of information that you have provided in connection with the use of the Site, or unauthorized interception of any such information by third parties. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including, but not limited to lost data), so the above limitation or exclusion may not apply to you. Even should Lexington be found liable to you as a result of your use of the Site, in no event shall the total of all damages, losses, and causes or action (whether in contract, tort, or otherwise) exceed greater of the amount paid by you to us, if any, for accessing the Site, or $100. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred. 

Disclaimers
Any services, products, and materials on the Site are provided “as is” and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Neither we nor any of our respective licensors or suppliers warrant that any functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in the Site in terms of their correctness, accuracy, reliability, or otherwise or that your use of the Site or content will not infringe the rights of any third parties. You assume the entire cost of all necessary servicing, repair, or correction to your system.

Links to Other Sites
Our Site may provide links to web sites not operated by Lexington. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party web sites. For example, we do not vouch for the accuracy or reliability of the information on third-party web sites, even if a Lexington employee is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third party-sites, and make no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this site reflect only the views of their authors and not of Lexington. You must use your own independent judgment regarding these linked sites.

No Waiver
No delay or failure by Lexington to enforce any provision in this Agreement shall constitute a waiver of any of our rights under this Agreement. Neither the receipt of any funds by Lexington nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Agreement. Only a specific, written waiver signed by an authorized representative of Lexington shall have any legal effect.

Severability
If any clause or provision set forth in this Agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law/Miscellaneous
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of North Carolina without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue of the state and federal courts in North Carolina, Davidson and Guilford Counties, respectively, and waive any objection to such jurisdiction and venue.

State Specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Civil Code Section 17538, residents of California are hereby advised as follows:

Lexington Home Brands, at 1300 National Highway, Thomasville, NC 27360 is the provider of the electronic commercial service on the Site. There are no charges to the user imposed by Lexington, other than the cost of products purchased on or through the Site and any applicable taxes and shipping fees associated with such purchases. The charges appear for each purchase on the Web pages relating to each purchase. The purchase rules are conditioned in these Terms of Use and our Privacy Policy. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or at 800 952-5210.

Upon your request, you may have this Agreement sent to you by e-mail. Please contact Lexington to resolve a complaint regarding any aspect of service relating to the Site by contacting us marketing@lexington.com or by calling (336) 474-5300 ext. 2. Written correspondence may be addressed to Lexington Home Brands 1300 National Highway Thomasville, NC 27360 Att: Marketing Department.

If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which Lexington has disclosed Personal Information during the proceeding year for direct marketing purposes. Alternatively, the law provides that if Lexington has a Privacy Policy that gives either an opt-out or opt-in choice for use of your Personal Information by third parties, such as our authorized dealers for marketing purposes, Lexington may instead provide you with information on how to exercise your disclosure choice options.

We qualify for the alternative option; we have a comprehensive Privacy Policy, and provide you with details on how you may opt-out or opt-in to the use of your Personal Information by third parties for direct marketing purposes. Therefore we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during that preceding year.

If you are a California resident and request information about our compliance, you must send a request by e-mail to marketing@lexington.com or by mail to Lexington Home Brands, 1300 National Highway, Thomasville, NC 27360, Attn: Marketing Department. We are not required to respond to requests by other means.