Terms & Conditions

 

Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

This website is not intended for persons under 18 years of age.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter on the Website, and all records including notices of cancellation, policies, contracts, and applications.

Copyright and Licenses

This Website and its entire contents, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Lexington Furniture. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Lexington Furniture.

License

Lexington Furniture grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Lexington Furniture. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Lexington Furniture. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Lexington Furniture authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Disclaimer of Warranty/Limitation of Liability:

This website and related information are provided by website on an “as is” and “as available” basis. Lexington Furniture makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk. To the full extent permissible by applicable law, Lexington Furniture disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Lexington Furniture does not warrant that this website, its servers, or email sent from website are free of viruses or other harmful components. Lexington Furniture will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Website uses reasonable efforts to include accurate and up-to-date information on this website. Lexington Furniture assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Third Party Links

For your convenience Lexington Furniture may provide, links to third party websites operated by other entities on the Website. If you use such third-party sites, you will leave this Website. If you decide to visit any linked third-party website, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Lexington Furniture does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third-party links do not imply that Lexington Furniture sponsors, endorses, is affiliated or associated with any linked third-party websites. Applicable Law By visiting the Website, you agree that the laws of the state of Kentucky, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Lexington Furniture.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase shall be submitted to binding arbitration in Lancaster, Kentucky. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to the Website from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Other Provisions

Lexington Furniture’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. Lexington Furniture may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.