The Service is controlled and operated from the United States and is not intended to subject DXL to the laws or jurisdiction of any state, country or territory other than that of the United States. You are responsible for complying with all local laws, rules and regulations. DXL reserves the right to charge fees in connection with the Service or to suspend or discontinue the Service, in whole or in part, at any time and in DXL's sole discretion. The Service may not be available in all DXL locations and may not be accessible from all devices.
Use of the Service is at your own risk. There are privacy and security risks associated with connecting to the Internet over wireless communications. The Service is not encrypted or secured in any way, and any material or other communications that you transmit or receive using the Service may be accessible to third parties. While using the Service, you assume full responsibility and risk for: (i) your own privacy and security; (ii) implementing any safeguards you deem to be appropriate to protect and secure your privacy and systems; and (iii) evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online.
DXL collects information about your use of the Service, including sites visited and use of DXL services (e.g. mobile coupons, mobile application). This information is used for internal operations such as enhancing the Service's effectiveness, analyzing how the Service is used and improving our stores, mobile experience and marketing efforts.
For further information regarding DXL's collection, use and disclosure of information collected in connection with your use of the Service, please view the DXL Privacy Statement located on DestinationXL.com.
You agree not to use the Service to transmit or receive any material or other communications that: (i) are unlawful, malicious, fraudulent, harassing, obscene, indecent, tortious or harmful to DXL, its employees, guests or any other party; (ii) violate another's intellectual property, privacy or other rights (including by intercepting, collecting or harvesting any material or other communications transmitted or received by other users of the Service); or (iii) otherwise interfere with the operation, use or enjoyment of the Service or any other service, system or property. In addition, you may not use the Service to transmit or receive any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
DXL has the right (but not the obligation), at any time and at its sole discretion, to block inappropriate material, websites or other resources, and/or suspend or terminate an individual's access to the Service for engaging in these prohibited uses, or for any other reason or no reason at all.
THE SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO YOU, "AS IS" AND "AS AVAILABLE". DXL AND ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, STORE ASSOCIATES AND AGENTS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES: (i) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THIS SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF DXL IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT NO ADVICE OR INFORMATION GIVEN BY DXL OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES.
DXL AND ITS SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA OR CONFIDENTIALITY OR SECURITY, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, EVEN IF DXL IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
October 30, 2017