Terms of Use

Effective November 24, 2020

We’ve developed these Terms of Use to provide a clear explanation of the rules that apply when you use our websites (www.lexington.com, www.tommybahamafurniture.com, and www.artisticahome.com) and apps (including Shop Lexington and LHB Design Pro). These rules are designed to protect you, us, and other users of our websites and apps.

The websites and apps listed above are owned and operated by Lexington Home Brands (“Lexington,” “we,” or “us”). By accessing, downloading, using, or browsing our websites or apps, you acknowledge and agree to be bound to these Terms of Use. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our websites or apps. Any use of our websites or apps that is inconsistent with these Terms is deemed unauthorized access.

Modifications of These Terms of Use
We reserve the right to make changes to these Terms at any time and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes to these Terms of Use.

Privacy
Because your privacy is important to you and to Lexington, we operate our websites and apps in accordance with our Privacy Policy, which is incorporated into these Terms of Use by reference. Please click here to view our current Privacy Policy.

Compliance with Applicable Law
It is our policy to comply with all applicable laws and regulations in operating our websites and apps. We ask that you do the same. By using our websites and apps, you are presumed to accept this request and are required to comply with all applicable laws and regulations.

Intellectual Property
Lexington owns all rights, title, and interest in its websites and apps, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of the websites and apps, and the compilation of the content, code, data and materials on the websites and apps, including all intellectual property and proprietary rights. The content of our websites and apps is protected under the United States and other copyright laws and is the property of Lexington. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of the websites or apps, in whole or in part. No copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material without the express permission of Lexington or the copyright owner is permitted. All words and symbols designated by ® or ™ and used on or in connection with Lexington products or marketing materials on the websites and apps (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Lexington or other owners that have granted Lexington the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with the prior written consent of Lexington, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying the websites and apps without the express written permission of Lexington is prohibited. Any violation of this section may result in a copyright, trademark, service mark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Lexington reserves the right to terminate its agreement with you if you infringe its or any other person’s intellectual property rights.

Personal and Non-Commercial Use Limitation
Your use of the websites and apps is limited to personal and non-commercial use. You may display and download onto a single device and print portions of the material from our websites and apps solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the websites or apps, or any content, products, or services obtained through them.

Online Chat, Reviews, Testimonials, and Other Interactive Areas
We offer features on our websites and apps that allow our customers to provide reviews, and share information about their experiences with our products (“Interactive Areas”). You do not have to use these features, but if you do, please use good judgment when posting in these communities or sharing information, photos, or videos with others. By using our websites or apps, you expressly agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through our websites or apps any of the following:

a. Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

b. Content that promotes illegal drug use, tobacco or firearms use;

c. Content that constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;

d. Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

e. Content that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

f. Unsolicited advertising or links to other commercial sites;

g. Anyone else’s personal information (such as someone else’s name, address, phone number, email address, Social Security number, credit card number, or other personally identifiable information);

h. Viruses, corrupted data or other harmful, disruptive, or destructive files;

i. Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted;

j. Content that communicates messages inconsistent with the positive goodwill of Lexington; or

k. Content that, in the sole judgment of Lexington, is objectionable, or which may expose the websites, apps, or their users to any harm.

Lexington takes no responsibility and assumes no liability for any Content posted, stored, or uploaded by you or any third party, or for any resulting loss or damage. Nor is Lexington liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Lexington is not liable for any statements, representations, or Content provided by its users on the websites and apps. Although Lexington has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Lexington reserves the right and has sole discretion, to remove without notice any Content posted or stored for any reason, including a violation of these Terms. Any use of the websites or apps, including the Interactive Areas, in violation of these Terms, may result in termination or suspension of your permission to use the websites and apps.

Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate or illegal conduct from third parties. You can help us to make our websites and apps (including public forums) welcoming for all users by reporting any offensive or unwelcome conduct to us.

Creating an Account
In order to access certain features of our websites and apps or participate in our contests or promotions, you may be required to create a user account with Lexington (“Account”). Information you provide through your Account must be truthful. User names may not be offensive, deceptive, or violate any other party’s rights. You are responsible for the security of your access codes and passwords and agree that Lexington is not liable for any unauthorized use of those access codes or passwords.

If you violate any of these Terms of Use, we may terminate any or all of your Accounts. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of our websites or apps under your Account, your Account may be terminated immediately and we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our websites or apps.

Termination of Usage
You may discontinue your use and access to the websites and apps at any time. However, these Terms of Use remain in force until terminated by Lexington, which may be done at any time in our sole discretion. We may also, at any time, suspend or block your access to our websites and apps without notice for any conduct that we, in our sole discretion, believe is contrary to Lexington’s best interests, in violation of these Terms of Use, 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 the websites and apps (including with respect to intellectual property) 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 these Terms of Use.

Availability of the Websites and Apps
While we use reasonable efforts to keep our websites and apps accessible, they may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance. Lexington retains the right to determine the content, appearance, design, functionality, and all other aspects of its websites and apps. We shall not be liable to you or any third party should we exercise any of these rights.

Product Information
All prices displayed on our websites and apps 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 shown on our websites and apps. Please confirm availability with your authorized dealer prior to purchasing any product. We reserve the right to limit the order quantity of any items without prior notice.

Although we strive for accuracy in all elements of our websites and apps, including product listings, descriptions, and images of products, there may be errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times, availability, or other details. As the actual color you see displayed for products may vary depending on your monitor, we cannot guarantee that your monitor’s display of color will accurately reflect the actual product color or finish. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on our websites or apps is inaccurate at any time without prior notice (including after you have submitted your order). Lexington is not responsible for your interpretation or reliance on any information or content found on the websites or apps, and Lexington makes no representations about the accuracy, reliability, completeness, or timeliness of the websites and apps, and is not responsible for the conduct, whether online or offline, of any person using the websites or apps, including any person’s violation of these Terms of Use.

Sweepstakes, Contests, Promotions, and Surveys
From time to time, Lexington may conduct contests, sweepstakes, raffles, surveys, games, or other similar promotions. Each contest or promotion may have additional terms and/or rules that will apply in addition to these Terms of Use. Please review the applicable rules as well as our Privacy Policy. If the Promotion rules conflict with these Terms of Use, the Promotion rules will govern.

Disclaimer of Warranty
LEXINGTON’S WEBSITES AND APPS ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEXINGTON HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WITH RESPECT TO ITS WEBSITES, APPS, AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE WEBSITES OR APPS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND APPS IS AT YOUR SOLE RISK, AND assume the entire cost of all necessary servicing, repair, or correction to your system THAT MAY BE NEEDED DUE TO YOUR USE OF THE WEBSITES OR APPS. NEITHER LEXINGTON NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE WEBSITES OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES OR APPS, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE WEBSITES OR APPS, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OFFERED THROUGH THE WEBSITES OR APPS, OR (D) THAT THE FILES AVAILABLE FOR DOWNLOAD FROM THE WEBSITES OR APPS, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEXINGTON OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITES OR APPS, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES OR APPS, ANY CONTENT OBTAINED FROM THE WEBSITES OR APPS, EVEN IF LEXINGTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF LEXINGTON EXCEED, IN THE AGGREGATE FOR ALL CLAIMS ARISING UNDER THE TERMS OF USE, AN AMOUNT THAT IS THE GREATER OF TWO HUNDRED AND FIFTY DOLLARS (USD $250.00) OR THE AMOUNT THAT YOU HAVE PAID US IN THE LAST SIX MONTHS FOR ACCESS TO OUR WEBSITES AND APPS.

YOU ACKNOWLEDGE THAT LEXINGTON WOULD NOT PROVIDE ACCESS TO ITS WEBSITES OR APPS IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Because some jurisdictions do not allow A limitation or exclusion of liability IN ALL CIRCUMSTANCES, in those jurisdictions, Lexington's liability shall be limited to the extent permitted by law.

Time Limitation
You agree to bring any and all claims within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

Indemnification
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 websites and apps, your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Lexington or third parties.

Additional Terms for iOS Apps
In addition to your agreement with these Terms of Use, the following provisions apply with respect to your use of any version of our mobile apps compatible with Apple Inc.’s iOS operating system.

a. You and Lexington acknowledge that these Terms of Use are between you and Lexington only, and not with Apple. Lexington, not Apple, is solely responsible for its websites and apps, and the content therein.

b. The license you have been granted in these Terms of Use is limited to a non-transferable license to use Lexington’s apps on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using our mobile apps, such as your wireless data service agreement.

c. You and Lexington acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the websites and apps.

d. Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of any of our mobile apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile app to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile apps, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Lexington’ sole responsibility.

e. You and Lexington acknowledge that Lexington, not Apple, is responsible for addressing any of your claims or any third party claims relating to our mobile apps or your possession and/or use of our mobile apps, including, but not limited to: (i) product liability claims; (ii) any claim that our mobile apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

f. You and Lexington acknowledge that, in the event of any third-party claim that one of our mobile apps infringes that third party’s intellectual property rights, Lexington, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

g. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

h. Any questions, complaints, or claims with respect to our mobile apps should be directed to us, using the information found below under “How to Contact Us.”

i. You and Lexington acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you.

No Waiver
No delay or failure by Lexington to enforce any provision in these Terms of Use shall constitute a waiver of any of our rights under these Terms of Use. 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 these Terms of Use. Only a specific, written waiver signed by an authorized representative of Lexington shall have any legal effect.

Severability
If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Governing Law
Any disputes arising out of or related to these Terms of Use and/or any use by you of our websites or apps shall be governed by the laws of the United States and the State of North Carolina, without regard to choice-of-law rules and without regard to conflicts-of-laws principles. You submit and agree to the personal jurisdiction and venue of the state and federal courts located in Davidson and Guilford Counties in North Carolina.

How to Contact Us
If you have any comments or questions about these Terms of Use, communications can be submitted to our postal address, via email to marketing@lexington.com, or by calling us at 1-800-539-4636.

Lexington Home Brands
1300 National Highway
Thomasville, North Carolina 27360
Attention: Marketing Department