Legal

XscapeCo Terms of Use, Policies and Disclaimers

Your affirmative act of using XscapeCo signifies that you agree to the following terms of use. If you do not agree, do not use XscapeCo.

Changes to the terms of use

We may change these Terms of Use at any time. If you continue to use XscapeCo after we post changes to these Terms of Use, you are signifying your acceptance of the new terms.

Changes to XscapeCo

We may discontinue or change any service or feature on XscapeCo at any time without notice.

Ownership of information; License to use XscapeCo; redistribution of data

Unless otherwise noted, all right, title and interest in and to XscapeCo, and all information made available through XscapeCo or its Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are the exclusive property of XscapeCo, its affiliates or its Data Providers.

XscapeCo's Policies

1. You may not sell, lease, furnish or otherwise permit or provide access to XscapeCo ("XscapeCo") market data, which includes market data licensed from third-parties, to any other person. Any redistribution of the XscapeCo API data that you access through a third party is strictly prohibited. If you wish to redistribute XscapeCo API data, you must consume XscapeCo API data directly from XscapeCo and follow the XscapeCo API Developer Terms.

2. You will not engage in the operation of any illegal business use or permit anyone else to use the XscapeCo API data, or any part thereof, for any illegal purpose or violation of any XscapeCo or SEC rule or regulation.

3. As between XscapeCo and you, XscapeCo has the exclusive proprietary rights in and to the XscapeCo API data. The XscapeCo API data, including without limitation any and all intellectual property rights inherent therein or appurtenant thereto, shall, as between XscapeCo and you, be and remain the sole and exclusive property of XscapeCo.

4. XscapeCo, its officers, directors, shareholders, employees, agents and consultants shall not be liable to you or to any other person for any inaccurate or incomplete XscapeCo API data, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. You understand and agree that the terms of this provision reflect a reasonable allocation of risk and limitation of liability.

5. You acknowledge that the XscapeCo API data and all materials related to the XscapeCo API data, are being provided "as is." You expressly acknowledge that XscapeCo and its third-party information providers do not make any representations or warranties with respect to the XscapeCo API data, express or implied, including, without limitation, any implied warranties or any warranties of merchantability, quality or fitness for a particular purpose.

6. Neither XscapeCo nor XscapeCo’s third-party information providers shall have any liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of you or any other person seeking relief through you relating to the accuracy of or delays or omissions in any XscapeCo API data, even if they have been advised of the possibility of such damages. In no event will the liability of XscapeCo or the third-party information providers or their affiliates to you or any other person seeking relief through you pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by you or any other person seeking relief through you, as applicable.

7. You agree to indemnify and hold harmless XscapeCo, its owners, subsidiaries, affiliates, officers, directors, employees, agents, and any related Persons from any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by you with the terms and conditions hereof; and (b) any third-party actions related to your receipt and use of XscapeCo API data.

8. XscapeCo reserves all rights to the securities information contained in the XscapeCo API data. You understand and acknowledge that such securities information does not reflect trading activity on markets other than XscapeCo, and are intended to provide you with a reference point only, rather than as a basis for making trading decisions. XscapeCo does not guarantee such information nor shall be liable for any loss due either to its negligence or to any cause, absent its fraud or willful misconduct.

9. XscapeCo does not make any guarantees, representations or warranties as to, and shall have no liability for, the timeliness, truthfulness, sequence, quality, completeness, accuracy, validity or freedom from interruption of any information or data on the XscapeCo Website. Certain aggregate volume data may not reflect data from all Members. The content on the XscapeCo Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy.

10. By viewing or using this data or information in any manner, you understand and acknowledge that such information does not reflect trading activity on markets other than XscapeCo, as applicable, and is intended to provide you with a reference point only, rather than as a basis for making trading decisions.

Risk Warning

Here you will find information describing risks associated with trading based on information provided on our website XscapeCo.Com ("Website"):

Trading Risks

Trading generally is not appropriate for someone with limited resources and limited investment or trading experience and low risk tolerance.

Trading of FOREX, CFDs, derivatives and other investment products that are leveraged, can carry a high level of risk, and may not be suitable for all investors. The nature of leveraged products means that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well as for you. It is possible that you could sustain a total loss of initial margin funds and will need to deposit additional funds to maintain your position. If you fail to meet any margin requirement, your position may be liquidated and you will be responsible for any resulting losses. Selling short may result in losses beyond your initial deposit as well, because you may have to purchase a security at a very high price in order to cover a short position. YOU MAY RAPIDLY LOSE ALL OF THE FUNDS DEPOSITED FOR TRADING AND YOU MAY EVEN LOSE MORE THAN YOUR DEPOSIT. Penny stock investors are often unable to sell stock back to the dealer that sold them the stock. Therefore, you should not speculate with capital that you cannot afford to lose. In particular, you should not fund trading with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or homeownership, or funds required to meet your living expenses.

Trading requires good knowledge of financial markets, trading techniques and strategies. You should understand that while trading you will compete with other market professionals, licensed traders and those employed by trading firms. In addition to normal market risks, you may experience losses due to system failures. Trading also may result in paying large commissions. The total size of commissions that you pay on your trades may significantly add to your losses or significantly reduce your earnings.

Before deciding to trade you should carefully consider your objectives, financial resources, needs, your level of experience and other circumstances. We recommend you seek advice from an independent financial advisor before going into real trading.

Trading on XscapeCo

All companies, particularly brokerages, investment advisors and related firms supported by XscapeCo are subject to our internal audit, they pass our comprehensive screening to offer you the best trading experience on XscapeCo.com. However we have no influence over something and/or someone not under our watch by nature, law, other applicable regulations or circumstances. XscapeCo is not responsible for operation/non-operation of any third-party companies, services of which are provided on XscapeCo.com, including but not limited to brokerage houses, other entities dealing with market brokerage services. XscapeCo is acting only as a platform provider to brokerage houses and bears no responsibility for operation/non-operation of that brokerage house. XscapeCo bears no responsibility over charges, penalties, fines, claims to any and all third party companies. XscapeCo is not liable and bears no responsibility over any opinions, news, researches, or other information related to any and all third-party companies referred to herein.

No Investment Advice Provided

Any opinions, chats, messages, news, research, analyses, prices, or other information contained on this Website are provided as general market information for educational and entertainment purposes only, and do not constitute investment advice. The Website should not be relied upon as a substitute for extensive independent market research before making your actual trading decisions. Opinions, market data, recommendations or any other content is subject to change at any time without notice. XscapeCo, Inc. will not accept liability for any loss or damage, including without limitation any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

We do not recommend the use of technical analysis as a sole means of trading decisions. We do not recommend making hurried trading decisions. You should always understand that PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

Disclaimer

XscapeCo hereby disclaims all warranties with regard to any services and information provided on Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable. We make no representations about the suitability of the services or information provided on Website for any purpose. All the services and information is provided "as is" with no warranty of any kind, express or implied. We do not warrant the services and information will be provided regularly, uninterrupted or error-free, that defects will be corrected, or that the Website is free of viruses or other harmful components. We are not responsible for any communication failures, distortions or delays when using our Website.

Disclaimer regarding content

XscapeCo cannot and does not represent or guarantee that any of the information available through the Services or on XscapeCo is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or on XscapeCo may be specially obtained by XscapeCo from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers (e.g., CBOE and possibly other established financial exchanges such as the New York Stock Exchange, NASDAQ, New York Mercantile Exchange, IEX, BATS and Dow Jones), who are believed to be sources of reliable information (collectively, the “Data Providers”). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by XscapeCo.

Disclaimer regarding investment decisions and trading

Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “Day Trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through XscapeCo or our Services.

Disclaimer regarding hypothetical performance results

Hypothetical performance results have many inherent limitations, some of which are mentioned below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program.

One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.

Education Disclaimer

All information and content on www.xscapeco.com should be viewed as educational only.

None of the content published on www.xscapeco.com constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for investment for any specific person. None of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.

Payment and cancellation of service

  1. By ordering any subscription on www.xscapeco.com (including a free trial period) you confirm that you have read and accepted our Terms of Use and you authorize XscapeCo to automatically charge your bank card, PayPal or other account according to the billing period manually selected by you.
  2. Each user can try our paid plans with real-time market data for 7 days free of charge. If you don’t cancel your trial before it ends, you’ll automatically continue on a paid monthly plan after the trial. We do not offer refunds for automatic payments after the trial period, even if the subscription is cancelled on the same day as the payment has gone through.
  3. The Service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account.
  4. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your XscapeCo subscription. An email request or support ticket asking for your subscription to be cancelled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Profile Settings page.
  5. If you cancel the Service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped.
  6. We do not offer refunds for initial payments. If you order the Service for the first time, please make sure that the order is correct before the payment is made.
  7. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
  8. We do not offer refunds for Education Section products. If you purchase the product it is your sole responsibility to make sure that the order is correct before the payment is made.
  9. We offer refunds for recurring annual payments on demand. If you have been billed for automatic annual renewal of the Service, you have 7 calendar days (after the payment was made) to contact our support team. If you don’t do this, XscapeCo assumes that renewal of the Service is expected and the payment will not be refunded.