What are DXL's Terms & Conditions of Use?

Terms and Conditions of Use
Last updated June 2022

PLEASE READ CAREFULLY BEFORE USING THIS SITE

Your use of the Destination XL site (the "Site") signifies your acceptance of the following terms and conditions ("T&C"). If you do not agree to the following T&C, do not use the Destination XL Site.

Users/Participants
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion. No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use by their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.

Use of this website from outside the U.S.
Unless otherwise specified, the materials on this website are displayed solely for the purposes of promoting Destination XL products and services available in the United States and Destination XL makes no representation that any products or services referred to in the materials on this website are appropriate for use in or available for delivery to other locations outside of the U.S. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Product Display
Destination XL has made every effort to display accurately the products featured on this Site. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. Destination XL cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate.

Modification of Content
Destination XL attempts to ensure that the content on this Site is complete and current. As indicated in this Disclaimer section, Destination XL does not guarantee that the information contained on this Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Destination XL reserves the right to correct any error, inaccuracy or omission or to change or update the content without prior notice to you. Further, Destination XL reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Destination XL shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Destination XL. Please see our Return Policy.

Disclaimer, Limitation of Liability
Destination XL does not warrant that this Site will operate uninterrupted or error-free, that defects will be corrected, or that this Site or its server will be free of viruses or other harmful elements. As a user of this Site, your access is undertaken at your own risk. Destination XL shall not be liable for damages of any kind related to your use of or inability to use this Site, even if Destination XL knew or should have known of the potential for such damages.

ALL INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF OR FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL INFORMATION IS PRESENTED WITHOUT ANY WARRANTY AS TO ITS RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS OR COMPLETENESS. DESTINATION XL DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE TO USE THE SITE AT YOUR OWN RISK. DESTINATION XL ASSUMES NO RESPONSIBILITY FOR ANY CIRCUMSTANCES ARISING OUT OF THE USE, MISUSE, INTERPRETATION OR APPLICATION OF ANY INFORMATION SUPPLIED ON THIS SITE. YOU AGREE BY ACCESSING THE SITE THAT UNDER NO CIRCUMSTANCES OR ANY THEORIES OF LIABILITY UNDER INTERNATIONAL OR CIVIL, COMMON OR STATUTORY LAW INCLUDING BUT NOT LIMITED TO, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORIES OR CONTACT, PATENT OR COPYRIGHT LAWS, WILL DESTINATION XL BE LIABLE FOR DAMAGES OF ANY KIND OCCURRING FROM THE USE OF THE SITE OR ANY INFORMATION GOODS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (EVEN IF DESTINATION XL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

Cookies
DestinationXL.com uses permanent cookies. A "cookie" is a small text file stored by your web browser on your computer's hard disk for added functionality and for tracking Site usage and navigation. Cookies allow us to recognize who you are when you visit our Site by associating the cookie with other information you have voluntarily provided us, which information is stored on our secured database. At no time is your Personal Information stored within one of our cookies.

We may also use session cookies to collect non-personally identifiable information, such as your IP address and the date and time of your visit to our Site, in order to measure the effectiveness of our online presence and improve the design and content of our Site. Session cookies are temporary files that are erased when the web browser is closed. Accepting cookies through your web browser is a personal choice. By modifying your browser preferences, you have the choice to accept all cookies, receive notice when a cookie is set, or to reject all cookies. You can still shop and make purchases from DestinationXL.com even if you set your browser to reject cookies; however, we may not be able to provide you with as personalized a shopping experience.

To learn more about how we protect customer information, please review our Privacy Statement by clicking here Privacy Statement.

Links
Destination XL is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from Destination XL, and Destination XL has no control over the content of that other website. In addition, a link to any other website does not imply that Destination XL endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Destination XL of that third party or of any product or service provided by a third party.

Notice and Take Down Procedures
Destination XL accommodates and does not interfere with standard technical measures used by copyright and trademark owners to protect materials. Destination XL has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millenium Copyright Act. Our designated agent to receive notification of claimed infringement is:

Destination XL

Attn: Webmaster

555 Turnpike Street

Canton, MA 02021

888-440-4985

This contact information is only for reporting claims of infringement. Contact information for other matters is provided elsewhere on this Site.

Any written notice regarding any infringement of copyright or of other proprietary rights should be sent to our designated agent, listed above, and must include the following information:

• A physical signature of a person authorized to act on behalf of (i) the owner of an exclusive right that is allegedly infringed or (ii) the person defamed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.
• Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

Privacy Issues

Destination XL is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement by clicking here Privacy Statement.

SMS – Order Status Text Messages

1. Users who opt-in to the SMS program when placing their order via our website or mobile app will receive status updates on their order such as Confirmation, Shipment and Ready for Pickup notices.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just text START and you will be re-subscribed.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at customerservice@destinationxl.com

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: https://www.dxl.com/static/privacypolicy

Termination
Destination XL may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of this T&C. In the event the T&C is terminated, the restrictions regarding materials appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this T&C will survive termination. In the event that you are unsatisfied with the services provided by Destination XL, your sole remedy is to terminate your use of the Site.

Trademarks
There are references throughout the Site to various trademarks or service marks and these, whether registered or not, are the property of their respective owners.

Changes and Applicable Law
We reserve the right to make changes to the Site and this T&C. We encourage you to review the Site and these T&C periodically for any updates or changes. Your continued access or use of the Site shall be deemed your acceptance of this T&C and any changes and the reasonableness of these standards for notice of changes. Use of the Site will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of law provisions. You agree that any legal action or proceeding between you and Destination XL will be brought exclusively in a federal or state court of competent jurisdiction sitting in Boston, Massachusetts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the agreement and shall not affect the validity and enforceability of any remaining provision.

Comments, Complaints and Questions
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of Destination XL, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us at 1-855-746-7395 or customerservice@DestinationXL.com.