This website, www.tommybahamafurniture.com, operated by Lexington Furniture Industries, Inc., d/b/a Lexington Home Brands (“Lexington”) under license from the Tommy Bahama Group, Inc. and is not associated in any manner with www.tommybahama.com.
Effective November 24, 2020
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.
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.
Termination of Usage
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.
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.
Sweepstakes, Contests, Promotions, and Surveys
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
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.
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.
Additional Terms for iOS Apps
- 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.”
How to Contact Us
Lexington Home Brands
1300 National Highway
Thomasville, North Carolina 27360
Attention: Marketing Department