Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of XWELL, inc. The collective work includes works that are licensed to XWELL, inc. Copyright 2003, XWELL, inc ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with XWELL, inc or purchasing XWELL, inc products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with XWELL, inc or to purchase XWELL, inc products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by XWELL, inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks
All trademarks, service marks and trade names of XWELL, inc used in the site are trademarks or registered trademarks of XWELL, inc

Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, XWELL, inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. XWELL, inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. XWELL, inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
XWELL, inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if XWELL, inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Typographical Errors
In the event that a XWELL, inc product is mistakenly listed at an incorrect price, XWELL, inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. XWELL, inc reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, XWELL, inc shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by XWELL, inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice
XWELL, inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to XWELL, inc.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of XWELL, inc products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of XWELL, inc products) must be commenced within one (1) year after the claim or cause of action arises. XWELL, inc's failure to insist upon or enforce strict performance of any provision of these terms and 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 of these terms and conditions. XWELL, inc may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a XWELL, inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer
XWELL, inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, XWELL, inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, XWELL, inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to XWELL, inc in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless XWELL, inc, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links
In an attempt to provide increased value to our visitors, XWELL, inc may link to sites operated by third parties. However, even if the third party is affiliated with XWELL, inc, XWELL, inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of XWELL, inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, XWELL, inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

XWELL Rewards Terms and Conditions

The XWELL Rewards program ("Program") is a free rewards program offered by XWELL, Inc. (“XWELL”) to encourage new and returning guests to continue to enjoy XWELL products and services. Any reference to “products” and “services” in these terms and conditions, as well as any documents these terms and conditions expressly incorporate by reference (collectively, these "Terms and Conditions") includes all products and services sold in participating Treat™ and XpresSpa® retail locations, through the XWELL Rewards mobile application (“App”) and online at Treat.com and XpresSpa.com.

Eligibility

The Program is available to individuals aged eighteen (18) or older who purchase XWELL products or services from within the United States unless otherwise prohibited by law in the jurisdiction where the individuals reside (each a “Member”).

Enrolling

By enrolling in the Program, all Members:

(a) agree to be bound by and abide by these Terms and Conditions, that govern the Program or a Member’s access to and participation in the Program through Xpresspa.com("Website") and the App, including any content, functionality, and services offered by the Program on or through the Website or the App;

(b)  agree that XWELL may refuse redemption of Program Points (defined below), or may revoke accumulated Program Points upon belief that a Member is in violation of these Terms and Conditions, any applicable state or federal law of the United States, or is partaking in any other unauthorized use of: (i) the Program; (ii) Program Points; or (iii) any other services offered by XWELL;   

(c)  agree to be bound by the decisions of XWELL, which are final and binding in all matters relating to the Program and waive any and all right to claim ambiguity in the Program or these Terms and Conditions;

(d)  agree that failure to comply with these Terms and Conditions may result in disqualification from participating in the Program;

(e)  agree and acknowledge that the Program Points offered through the Program have no monetary value and may not be transferred to another party, nor redeemed for any goods or services other than Program Rewards (as defined below) offered through the Program; and

(f)  acknowledge and agree that these Terms and Conditions affect a Member's legal rights and obligations. 

If a Member does not agree to be bound by all of these Terms and Conditions, a Member should not enroll in or participate in the Program.

To enroll in the Program, Members must complete the registration process on the Website or App by creating a Member account ("Member Account"). Before registering for a Member Account, Members must acknowledge that they have read and agree to the Privacy Policy (together with the Terms and Condition[CS1] s). Members must provide all information requested at the time of setting up a Member Account including, but not limited to, first and last name, a valid email address, month and day of birth, and phone number. Members will need to verify their email address in order to complete the enrollment process.
 

Earning Program Points

Members may earn Program points ("Program Points") in the following ways: 

- Fifty (50) Program Points will be earned upon creating a XWELL Member Account;

- Ten (10) Program Points will be earned for visiting XWELL on Instagram by clicking the designated link found in the Member Account on both the Website and App. Members will be redirected to XWELL’s Instagram page. Points will be earned for the Member’s first visit only;

- Twenty-five (25) Program Points will be earned by submitting a product review at shop.xpresspa.com and shopping.treat.com for products purchased by Members through those websites. Points will be earned for the Member’s first review only;

- One hundred (100) Program Points will be awarded on a Member’s birthday; and One (1) Program Point will be earned per dollar spent on XWELL products and services as described herein.

XWELL may also periodically offer, in its sole discretion, opportunities for Members to earn additional Program Points through special promotions. Information regarding these opportunities will be provided to Members through the Website, the App or through the email address provided during enrollment in the Program.

XWELL reserves the right, in its sole discretion, to change the number of Program Points awarded as set forth in the above Program Points structure. Notice of any such change shall be posted on the Website and shall be effective thirty (30) days thereafter.

Redeeming Program Points

One hundred (100) Program Points may be redeemed for a five-dollar ($5) discount on XWELL products or services (“Program Rewards”).

XWELL may also periodically offer, in its sole discretion, opportunities for Members to redeem additional Program Points through special promotions. Information regarding these opportunities will be provided to Members through the Website, the App or through the email address provided during enrollment in the Program.

Program Points shall be credited to a Member Account when earned. Program Points shall expire on the date following eighteen (18) months of Member Account inactivity ("Points Expiration Date") after which the Program Points shall expire and shall not be eligible to redeem for Program Rewards. A Member Account will be considered inactive, and any accumulated Program Points shall be forfeited and removed from the Member Account if a Member does not earn or redeem any Program Points for any continuous eighteen (18) month period.

A Member can re-enroll in the Program at any time by re-opting to participate in the Program, but any Program Points previously forfeited due to inactivity shall not be restored to the Member’s Account. Program Points may be redeemed up to and including the applicable Points Expiration Date.

XWELL reserves the right, in its sole discretion, to add, remove, or change the conditions of, relating to the accumulation, expiration or redemption of Program Points as well as any Program Rewards. Notice of any such change shall be posted on the Website and shall be effective thirty (30) days thereafter.

Limitation of Use of Program Points

Members acknowledge that Program Points have no monetary value, and may not be transferred, sold, or bartered outside of the official redemption opportunities offered through the Program.

Members further acknowledge that all redemptions of Program Points are final. Members seeking to return an item purchased in part through Program Points will be refunded the cost of the item, less the value of the discount received through Program Points. Program Points may be returned to a Member’s Account. Program Points may also not be used for gift cards purchases, shipping charges, applicable taxes, or gratuities.  

Additional Program Rules

The Program and these Terms and Conditions are subject to all applicable federal, state and local laws. The Program is void where prohibited or restricted by law. Enrollment materials or data that has been tampered with or altered are void. XWELL assumes no responsibility for: (i) lost, late, misdirected, damaged, garbled, incomplete or illegible enrollment submissions, all of which are void; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of enrollment submissions, or for technical, network, telephone equipment, electronic, mobile device, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive enrollment information by XWELL on account of technical problems; or (iii) any injury or damage to Member’s or any other person's mobile device related to or resulting from enrollment in or participation in the Program.

XWELL may prohibit a Member from enrolling in or participating in the Program or redeeming Program Points if, at its sole discretion, it determines that said Member is attempting to undermine the legitimate operation of the Program by cheating, deception or unfair playing practices or intending to annoy, abuse, threaten or harass any other Members or XWELL representatives. Any Member attempting to defraud or in any way tamper with the Program will be ineligible to participate in the Program and may be prosecuted to the full extent of the law.

All questions and disputes regarding the Program, including, without limitation, all questions or disputes regarding a Member’s eligibility for the Program, or compliance with these Terms and Conditions, will be resolved by XWELL in its sole discretion. Enrollment submissions that are mechanically reproduced, copied, illegible, incomplete, or inaccurate and by means which subvert the enrollment process and Program operations are void.

Members may be disqualified if XWELL learns that such Member disparages XWELL and/or any of its subsidiary brands while participating in the Program. Members should be aware that XWELL retains the right to take legal action against Members who commit libel or slander against XWELL while participating in the Program.

These Terms and Conditions constitute a complete and binding agreement between XWELL and the Member. No waiver by XWELL of any right, obligation, or provision set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other right, obligation, or provision, and any failure of XWELL to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision, in whole or in part. To the extent that any provision of these Terms and Conditions is deemed invalid, the remainder of the Terms and Conditions shall remain in force.

Release of Liability 

By enrolling and participating in the Program, Member releases XWELL, its subsidiaries, affiliates and partners, and each of their respective employees, directors, officers, agents, and advertising agencies; and all others associated with the development and execution of this Program ("Released Parties") from any and against any and all claims, liability, loss, attorneys' fees and costs of litigation and settlement, or damage whatsoever arising with respect to the Program or the awarding, receipt, possession,  use or misuse of any Program Points or Program Rewards.

MEMBERS ACKNOWLEDGE THAT THE RELEASED PARTIES HAVE NOT MADE NOR ARE RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO OR IN CONNECTION WITH THE PROGRAM, ANY PROGRAM MATERIALS, GUIDANCE OR COMPONENTS THERETO, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

Members acknowledge and agree that all rights under Section 1542 of the California Civil Code [LD2] and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

Program Rewards may carry their own terms and conditions and product warranty, for which the Released Parties have no responsibility of liability. Released Parties will have no liability whatsoever for failure to supply a Program Reward or any part thereof, by reason of any acts of any Program administrator, God, any severe weather, hurricane, flood, fire, war, transportation interruption of any kind, or any other cause beyond their control. By participating, Member agrees that: (a) any and all disputes, claims, and causes of action arising out of or in connection with the Program, or any Program Rewards redeemed thereunder, shall be resolved individually without resort to any form of class action; (b) to the extent permitted by applicable law, any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with enrolling and participating in the Program, but in no event attorney's fees; and (c) unless specifically prohibited by law, under no circumstances will any Member be permitted to obtain any award for, and Members hereby waive all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.

Governing Law and Jurisdiction

All matters relating to the Program and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be solely governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). 

Subject to the arbitration provision below, jurisdiction over and venue in any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Program shall be in the state or federal courts located in New York County, New York. Member hereby agree to waive any and all objections to the exercise of jurisdiction over them by, and to venue in, such courts mentioned in this provision.

Arbitration

By enrolling in the Program and accepting these Terms and Conditions, Member agrees that at XWELL's sole discretion, they may be required to exclusively submit any disputes arising from the use of these Terms and Conditions or the Program, including but not limited to disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the then-current Rules of Arbitration of the American Arbitration Association applying New York law. 

EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THE PROGRAM, MEMBER HEREBY WAIVES ANY RIGHT MEMBER MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS PROGRAM, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in New York County, New York, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any state or federal court sitting in the county in which an award is made. At Member’s request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. 

The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees. Each party will be responsible for any other fees or costs that such party may incur. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed, and the other parts of this section shall still apply. In any case, the remainder of these Terms of Conditions will continue to apply.

Changes to the Program and these Terms and Conditions

XWELL reserves the right at its sole discretion to suspend, modify or terminate the Program, or revise and update these Terms and Conditions at any time, provided that any notices required by these Terms and Conditions are provided. If the Program is terminated, Members shall have sixty (60) days to redeem any accumulated Program Points from the date the notice of such termination is posted on the Website. XWELL's failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of XWELL’s right to enforce that provision in the future. Any and all changes to these Terms and Conditions must be made in writing to be effective.

A Member’s continued enrollment or participation in the Program following the posting of the revised Terms and Conditions means that a Member accepts and agrees to the changes. Members are expected to check for available updates to these Terms and Conditions on the Website from time to time so they are aware of any changes, as they are binding on all Members.

Gift Card Terms and Conditions

This gift card is issued by XWELL, Inc. (“XWELL”) and represents store value that may be redeemed for merchandise or services in store at applicable XpresSpa® or Treat™ locations, or online at xpresspa.com. By using this gift card, you agree to these terms and conditions.

Redemption:

This gift card can be redeemed for merchandise or services not exceeding the remaining credit balance on this card. The gift card value will be applied to the total purchase amount, including taxes, fees, and any applicable charges. This gift card cannot be used to purchase other gift cards or applied towards gratuity.

Non-Refundable:

The value on this card is non-refundable and non-transferable, and cannot be exchanged for cash or credit. Any unused balance will remain on the card for future purchases to the extent permitted by law. XWELL is not responsible for lost, stolen, or damaged gift cards. This gift card cannot be resold or exchanged for another gift card or credit.

Balance Inquiry:

To check the remaining balance on this gift card, (i) visit any applicable XpresSpa or Treat location and inquire with a sales associate, (ii) contact customer services at info@xwell.com, or (iii) visit xpresspa.com. This gift card does not have an expiration date.