TERMS & CONDITIONS

I. TERMS AND CONDITIONS

Xclusive Trading, Inc. (XTI) and its members, officers, directors, owners, employees, agents, representatives, suppliers and service providers (collectively “XTI”) provides this website (the “Site”) for informational purposes only. Use of and access to/through www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and the information, materials, services, and other content available on or through www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading (“Content”) are subject to these terms of use and all applicable laws.

II. NOT INVESTMENT ADVICE

The Content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by Xclusive Trading, Inc. or any third-party service provider to buy or sell any securities or other financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.

All Content on this site is information of a general nature and does not address the circumstances of any individual or entity. Nothing in www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading constitutes professional and/or financial advice, nor does any information on www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Xclusive Trading, Inc. is not a fiduciary by virtue of any person’s use of or access to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading before making any decisions based on such information or other Content. In exchange for using www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or it’s services, you agree not to hold Xclusive Trading, Inc., its affiliates or any third-party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading including, but not limited to, lawyer fees.

III. INVESTMENT RISKS

There are risks associated with investing in securities. Investing in stocks, bonds, exchange traded funds, mutual funds, and money market funds involve risk of loss. Loss of principal is possible. Some high-risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.

IV. THIRD PARTY LINKED SITES

As a convenience to you, Xclusive Trading, Inc. may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks, you will be leaving the Xclusive Trading, Inc. website. Because Xclusive Trading, Inc. has no control over such sites or their content, Xclusive Trading, Inc. is not responsible for the availability of such external sites or their content, and Xclusive Trading, Inc. does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content with or without our authorization. Xclusive Trading, Inc. does not endorse such sites and shall not be responsible or liable for any links from those sites to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Xclusive Trading, Inc.may, in its sole discretion, block links to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content without prior notice.

YOUR USE OF THIRD-PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.

V. USE OF COOKIES

The Xclusive Trading, Inc. website utilizes different technologies to collect, store, and aggregate data about website usage. We may use electronic tags called “cookies” to help us understand and analyze use of our site. This work is either performed directly by us or by a third party we have hired to assist us. We collect information about which pages have been accessed and for how long and the country the user accesses www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading, and certain technical information regarding the user’s computer and operating systems, such as user Internet protocol address, domain name and browser, etc.

Certain sections of the Xclusive Trading, Inc. site require cookies to be enabled to enhance site performance. For example, cookies provide a secure way for us to verify user identity during a session and any return visits, they enable us to personalize a user’s experience on our sites, and they help enhance site navigation. Cookies also help us to understand how people use our sites so we can improve site functionality.

When a user comes to the website, our server sends a cookie to the user’s computer. Standing alone, cookies do not identify the user personally; they merely recognize the user’s browser. Generally, personally identifiable information is obtained by us only when a user decides to provide it, such as when requesting additional information via email or providing personal information.

We use two types of cookies on our sites, temporary cookies and persistent cookies. Temporary cookies are used to store information during a browser session and will expire shortly after concluding a visit to one of our sites. Persistent cookies are used to store information between visits to one of our sites and are stored permanently or for a specified length of time. Persistent cookies are used to facilitate easier navigation within our sites and provide a higher level of convenience for the user.

A user can choose to have their computer issue a warning each time a cookie is being sent, or a user can choose to turn off all cookies. The management of cookies generally is handled through the user’s browser settings (e.g., Internet Explorer). To obtain more information about managing cookies, visit www.aboutcookies.org.

VI. SITE AND CONTENT NOT WARRANTED

XCLUSIVE-TRADING.COM, MEMBERS.XCLUSIVE-TRADING.COM AND WWW.WHOP.COM/XCLUSIVETRADING AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND.  YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF XCLUSIVE-TRADING.COM AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON/THROUGH XCLUSIVE-TRADING.COM. OR XCLUSIVE TRADING, INC. AND IT’S EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR USAGE OF TRADE.

VII. LIMITATION OF LIABILITY

YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH WWW.XCLUSIVE-TRADING.COM, MEMBERS.XCLUSIVE-TRADING.COM AND WWW.WHOP.COM/XCLUSIVETRADING AND CONTENT IS TO STOP USING XCLUSIVE-TRADING.COM AND CONTENT. XCLUSIVE TRADING, INC. IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, XCLUSIVE TRADING, INC. WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE XCLUSIVE-TRADING.COM OR CONTENT OBTAIN ON/THROUGH SUCH ENTITIES.

While we try to maintain the integrity and security of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and the servers from which www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading is operated, we do not guarantee that www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content is or remains secure, complete or correct, or that access to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content will be uninterrupted or error free. www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content.  If you become aware of any unauthorized third-party alteration to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content, contact us at support@xclusive-trading.com with a description of the material(s) at issue and the URL.

VIII. NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent or agreement that you transmit on or through www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or any other aspect of the Xclusive Trading, Inc. services that you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on a “Submit” or “I agree” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

IX. LIMITED RIGHT OF USE/OWNERSHIP OF CONTENT

You are permitted to use www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content for your personal, non-commercial use only. www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content are and shall remain the property of Xclusive Trading, Inc. and is protected by copyright, trademark, patent, and/or other intellectual property, proprietary, work product rights and laws.  You may use www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content for your personal, noncommercial use, if you keep intact all copyright, trademark, patent and other proprietary notices.  Except as expressly authorized in advance by Xclusive Trading, Inc. in writing, you agree not to reproduce, modify or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or display, reverse engineer, de-compile or dissemble, all or any part of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content.

Trade names, trademarks and service marks of Xclusive Trading, Inc. include, without limitation, Xclusive Trading, Inc. and any associated logos. All trademarks and service marks on www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading not owned by Xclusive Trading, Inc. are the property of their respective owners. Nothing contained on www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Xclusive Trading, Inc. trade names, trademarks or service marks without our express prior written consent.

X. TERMINATION

Xclusive Trading, Inc., in its sole discretion, may terminate your access to or use of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content, at any time and for any reason. Your access to or use of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content may be terminated without notice. Xclusive Trading, Inc. shall not be liable to you or any third party for any termination of your access to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content, or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

XI. RULES OF CONDUCT

Your use of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content is conditioned on your compliance with the rules of conduct set forth here. You will not:

•    Use www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content for any fraudulent or unlawful purpose.

•    Interfere with or disrupt the operation of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content or the servers or networks used to make www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content available; or violate any requirements, procedures, policies or regulations of such networks.

•    Restrict or inhibit any other person from using www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content (including without limitation by hacking or defacing any portion of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content).

•    Use www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content to advertise or offer to sell or buy any goods or services without the express prior written consent of Xclusive Trading, Inc.

•    Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to www.xclusive-trading.com and members.xclusive-trading.com or Content.

•    Modify, adapt, reverse engineer, de-compile/disassemble any part of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content.

•    Remove any copyright, trademark or other proprietary rights notice from www.xclusive-trading.com and members.xclusive-trading.com or materials originating from www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content.

•    Frame or mirror any part of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Content without the express prior written consent of Xclusive Trading, Inc.

•    Create a database by systematically downloading and storing Content .

•    Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Content or reproduce or circumvent the navigational structure or presentation of www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading without the express prior written consent of Xclusive Trading, Inc.

  • Unwelcome conduct that is based on race, color, religion, sex, national origin, age, disability or genetic information. Harassment becomes unlawful where enduring the offensive conduct becomes a condition of continued use of our service(s) and/or access to content. If the conduct is sufficiently severe or pervasive to create an environment that a reasonable person would consider intimidating, hostile, or abusive. “Sexual” harassment is a particular type of harassment that includes unwelcome conduct such as sexual advances, requests for sexual favors or dates, remarks about an individual’s appearance, discussions, remarks or jokes of a sexual nature, and/or other verbal or physical harassment of a sexual nature.

  • Harassing Conduct Towards Members

Unwelcome conduct, verbal or physical, including intimidation, ridicule, insult, bribes, requests for access to paid content or comments that are based on an individual’s protected status or protected activities,when the behavior can reasonably be considered to adversely affect the environment, or a membership decision affecting the member is based upon the members’s acceptance or rejection of such conduct. Protected status is defined as an individual’s race, color, religion, sex (including pregnancy and gender identity), sexual orientation, national origin, age, disability, family medical history (including genetic information), status as a parent, marital status, or political affiliation. Protected activity includes reporting harassing conduct, discrimination or retaliation; filing a claim of harassment; providing evidence in any investigation; or intervening to protect others who may have suffered harassing conduct, discrimination or retaliation.

XII. INDEMNIFICATION

By accessing and using www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and Content, you agree to indemnify, defend and hold harmless Xclusive Trading, Inc. (specifically including its officers, directors, owners, partners, employees, agents, information providers, licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

XIII. JURISDICTIONAL CONTEXT

www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading is controlled and operated by Xclusive Trading, Inc. from the United States, and is not intended to subject Xclusive Trading, Inc. to the laws or jurisdiction of any country or territory other than that of the United States. Xclusive Trading, Inc. does not represent or warrant that www.xclusive-trading.com and members.xclusive-trading.com or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States and only in those US states and territories where Xclusive Trading, Inc. is registered or licensed or exempt from registration or licensing under applicable state or federal law.  In choosing to access www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the www.xclusive-trading.com and members.xclusive-trading.com availability to any person, geographic area or jurisdiction at any time.

XIV. SUBSCRIPTION SERVICES & INTELLECTUAL PROPERTY

Your monthly subscription fee entitles you to access to premium content designed to enhance your awareness and knowledge regarding financial instruments, for informational and educational purposes only.

You are not providing any compensation to www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or Xclusive Trading, Inc. in exchange for investment advice. Neither he nor anyone affiliated with www.xclusive-trading.com and members.xclusive-trading.com are registered investment advisers with any regulatory authority. No content or information from this site or any of our product offerings shall be construed as investment advice.

Xclusive Trading, Inc. makes no assurances that the information he provides to subscribers has not been in the past nor will not be at any time in the future, disseminated to non-paying subscribers either on www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading or in personal or other public communications. Your subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.

www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content on/through www.xclusive-trading.com, members.xclusive-trading.com and www.whop.com/xclusivetrading and materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Xclusive Trading, Inc. and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use.

Xclusive Trading, Inc. or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted here-under is a violation of our intellectual property rights and can subject you to legal liability. By accepting these terms and conditions you agree that if you are found to be sharing, distributing or providing shared access to content you will be charged the maximum amount accepted by the State, payable to Xclusive Trading, Inc. directly via check or wire transfer to the bank account of Xclusive Trading, Inc.

The Trademark Counterfeiting Act, 18 U.S.C. § 2320(b)(1)(A), provides penalties of up to ten years’ imprisonment and a $2 million fine for a defendant who intentionally “traffics in goods or services and knowingly uses a counterfeit mark on or in connection with such goods or services,” or intentionally “traffics in labels, . . . documentation, or packaging . . . knowing that a counterfeit mark has been applied thereto.” Section 2320(b)(3) provides penalties of up to twenty years’ imprisonment and a $5 million fine for a defendant who intentionally traffics in counterfeit drugs or certain counterfeit military goods or services.

Copyright infringement is a felony punishable by up to three years’ imprisonment and a $250,000 fine under 17 U.S.C. § 506(a) and 18 U.S.C. § 2319 where a defendant willfully reproduces or distributes at least ten copies of one or more copyrighted works with a total retail value of more than $2,500 within a 180-day period. The maximum penalty rises to five years’ imprisonment if the defendant also acted “for purposes of commercial advantage or private financial gain.” Misdemeanor copyright infringement occurs where the value exceeds $1,000 or where the defendant willfully violated any of the exclusive rights “for purposes of commercial advantage or private financial gain

XV. COPYRIGHT POLICY

If you believe in good faith that any material posted on or through our Services infringe the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed.

  • Identification of the copyrighted work claimed to have been infringed.

  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing.

  • Information reasonably sufficient to permit us to contact you.

  • 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 owner, its agent, or the law.

  • And a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that material you posted on or through our Services was removed, or access to such material was disabled, by mistake or misidentification, please contact our designated copyright agent with correspondence containing the following:

  • Your physical or electronic signature.

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it disabled.

  • Information reasonably sufficient to permit us to contact you (including your name, postal address, telephone number, and, if available, email address).

  • A statement under penalty of perjury that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

  • And a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice or counter-notice may not be valid. For any questions regarding this procedure, or to submit or respond to a complaint, please contact our designated DMCA Copyright Agent:

ATTN: Copyright Agent
Xclusive Trading, Inc.
E-mail: support@xclusive-trading.com

XVI. POLICIES FOR CHILDREN

The Services accessed on or through www.xclusive-trading.com and members.xclusive-trading.com are not directed to individuals under the age of 13, nor do they contain information which would be potentially harmful to minors. In the event that we discover that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s website (www.ftc.gov) for more information.

Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your internet service provider for more information.

XVII. PERFORMANCE

Any performance statistics or claims appearing on www.xclusive-trading.com and members.xclusive-trading.com or made by Xclusive Trading, Inc. verbally or in writing are not an indication of results you can achieve in your portfolio with your own trading. Xclusive Trading, Inc. is only providing opinions, ideas, and thoughts. They are intended for information and education purposes ONLY. Success rates are variable and subject to change. Trading involves substantial risk, and you could potentially lose all of your invested capital based on your own individual action or lack thereof.

XVIII. RETURN & REFUND POLICY

All sales are final. Subscription(s) to/through www.xclusive-trading.com, members.xclusive-trading.com or Xclusive Trading, Inc. through it’s content and/or services are non-refundable as this service provides access to proprietary information in real time and are generated as content for educational and informational purposes only. You may cancel subscriptions anytime via subscripitons online/mobile through the members.xclusive-trading.com/account and www.whop.com/xclusivetrading portals. It is your responsibility to cancel your subscription(s) before your renewal due date. No individual or thirda-party service(s) related to Xclusive Trading, Inc. will do this for you.

XIX. MODIFICATIONS

Xclusive Trading, Inc. may amend the terms of use at any time in its discretion, by posting revisions on www.xclusive-trading.com.


Amended: August 25th, 2022