This website, www.tbfurniture.com/newport, is designed and operated exclusively as an online marketing resource for the Tommy Bahama Home store located at 401 Newport Center Drive, Suite A218, Newport Beach, CA 92660. The store is owned and 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.
This is a binding agreement ("Agreement") between 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.
Lexington reserves the right to change the terms, conditions and notices 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.
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 is in force until terminated by either Lexington or you. You may terminate this Agreement solely by discontinuing your use and access to the Site. We may terminate this Agreement, without cause at any time. We may 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:
- Be objectionable for any reason, adversely affect Lexington, or reflect negatively on Lexington, the Site, Lexington's good will, name, or reputation;
- 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;
- Result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, spamming, or phishing;
- 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
- 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:
- 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;
- Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
- 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;
- 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;
- 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
- 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.
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. We reserve the right to limit the order quantity on any items without prior notice.
Lexington attempts to be as accurate as possible in product representations and Site content. Electronic images from computer monitors may not have the same color accuracy and resolution needed to depict our products with absolute accuracy. Lexington does not warrant that product descriptions, images, and Site content are free from 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 Tommy Bahama Home products or marketing materials are trademarks owned by Lexington or licensed to Lexington by The Tommy Bahama Group Inc. and are protected under federal and state laws. Trademarks owned by other companies are used with permission of their respective owners.
ONLINE SELLING POLICY
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 incorporated into this Agreement.
You agree to indemnify, defend, and hold harmless Lexington and its parents and affiliates, The Tommy Bahama Group, Inc. and 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, The Tommy Bahama Group, Inc., or third parties.
LIMITATION OF LIABILITY
Your use of the site or materials available through this Site is at your own risk. Neither Lexington, The Tommy Bahama Group, Inc., nor any of their 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. In no event shall the total of all damages, losses, and causes or action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Site, or $100, whichever is lesser. 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.
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 someone from our company 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.
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.
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.
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:
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 at firstname.lastname@example.org 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 California resident and request information about our compliance, you must send a request by e-mail to email@example.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.