This is a binding agreement (“Agreement”) between Lexington Home Brands (“Lexington”) and you, the user (“You” or “Your”). Our Extranet Site (“Site”), at http://dealer.lexington.com 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 the terms, conditions and notices under which the Site is offered. You are responsible for regularly reviewing these terms and conditions. Your continued use of the 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 posted on the Site at Privacy Policy. By registering for access to the Extranet, you signify your acceptance of our Privacy Policy. If you do not agree with the scope and limitations of the protections provided under the Privacy Policy, please do not use the Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.

If you have other questions regarding this Privacy Policy, please contact us at info@lexington.com or via mail at Lexington Home Brands, 1300 National Highway, Thomasville, NC 27630 Att: Privacy Administrator.

Registration
The Site is provided as a service to our authorized dealers. Access is only allowed after you have registered to use the Site, and have established a password. During the initial registration process, you will be asked to provide the name and e-mail address of a person who will act as the administrator for your account. We may also request certain Business Information in order to validate your status as an authorized dealer. As used herein “Business Information” includes the administrator’s name and e-mail address, account information included on Lexington’s dealer application form, credit ratings and references, and current and historical account activity. All Business Information must be truthful and accurate. 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. Any access codes or passwords provided 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
These Terms of Use are in force until terminated by either Lexington or you. You may terminate these Terms of Use solely by discontinuing your use and access to the Site. We may terminate these Terms of Use, without cause at any time and effective immediately, or suspend your access to the Site without notice, for any conduct that we, in our sole discretion, believe is contrary to Lexington’s best interests, or is in violation of applicable local, state or federal law. 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.

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 shall 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:

1. In Lexington’s sole opinion, be objectionable for any reason
2. Affect us adversely or reflect negatively on us, the Site, our good will, name or reputation or cause duress, distress or discomfort to us or anyone else, or 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 us in connection with the Site
3. Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, spamming and phishing
4. Be used for commercial or business purposes, 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 Web site or pages
5. Transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information
6. Forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, Web Sites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement
7. 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
8. Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise
9. 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

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 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 Web 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 Web content are free from errors.

Copyrights, Trademarks and Restrictions
All material on this Site, including, but not limited to items such as logos, illustrations, clips, images, text and specifications, is the property of Lexington, and is protected by United States and international copyright laws. You may use or reproduce those items available for download, subject to the provisions of the Lexington Home Brands Advertising Policies. You may not, however, modify, reverse engineer or create derivative works with respect to any of the content or creative elements on the Site. 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.

Indemnity
You agree to Indemnify, defend and hold harmless Lexington, its parents and affiliates together with their respective employees, agents, directors, officers, 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 this 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
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use the materials on the Site, or any products or services provided pursuant to the Site, even if advised of the possibility of such damages. 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 for 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.

Disclaimers
Any services, products and materials on this 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 and fitness for a particular purpose. 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. You assume the entire cost of all necessary servicing, repair or correction to your system.