When you see the word "use" or "using" we mean any time you, directly or indirectly, with or without the help of any device, attempt to or actually do access, interact, display, view, browse, print or copy, transmit, receive or exchange data, messages, content or you otherwise communicate with us or anyone else, including another user, advertiser or any person, firm or business you may encounter. We will also consider you to be using our Website if you utilize, benefit, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Website, for any purpose, or if you try to do any of these things.
In addition, if you subscribe to any services offered through this website, or through links to the websites of our affiliated divisions and entities, Online Trading Academy, OTA Real Estate and OTA Tax Pros, you also will be subject to additional terms and conditions ("Terms of Service") applicable to any such services, which will be brought to your attention at that time. We will refer to all information, each and every feature, function, service, activity, promotion and content on our Website, individually and/or collectively as "Content" and when we use the term "Website" it also included Content unless we specifically say otherwise.
WEBSITE ACCESS – NO GUARANTEES
We do not guarantee that access to or use of this website or any services will be uninterrupted or error free, and OTAcademy shall not be liable for any feature not being accessible or for any unavailability of its website and services. The website and its features may be expanded, limited or modified at any time by OTAcademy to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the website, without notice. To access some of the content or features of the website or its services, Users may need to enhance or update the hardware or software in their computer systems. OTAcademy assumes no responsibility for any failure to access the website or any services, partially or fully, whether due to the User's system, the Internet network or any other cause.
EDUCATIONAL INFORMATION ONLY. NO INDIVIDIAL INVESTMENT ADVICE
This website provides educational information only. This website does not provide individual or customized legal, tax, financial or investment services. As each individual's situation is unique, a qualified professional should be consulted before making legal, tax financial and investment decisions.
The educational information provided on this website does not comprise any course or a part of any course that may be used as an educational credit for any certification purpose and will not prepare any User to be accredited for any licenses in any industry and will not prepare any User to get a job.
WEB SITE CONTENT LIMITATIONS
We make no guarantees as to the accuracy, thoroughness or quality of the Content on this website, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and OTAcademy shall not be responsible or liable for any errors, omissions or inaccuracies in the Content. The information and investment strategies provided at this site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and services within the Content will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial or business purpose. The website content and services may be modified at any time by us, without advance notice or reason, and OTAcademy shall have no obligation to notify you of any corrections or changes to any website content.
THIRD PARTY CONTENT
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this website by third parties (“Third Party Content”) are solely those of their respective providers and not of OTAcademy which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. In addition, the opinions and views expressed in any article on this website are solely those of the author(s) of the article and do not reflect the opinions of OTAcademy or its management. It is the responsibility of the User to evaluate Third Party Content and OTAcademy shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
LICENSE TO USE CONTENT
We grant you a limited personal use license to access, display, download, format and print portions of this website content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this website.
MATERIALS POSTED BY USERS
By posting or submitting any material, you will be (a) granting OTAcademy a world-wide fully paid-up non-exclusive license to allow your materials to be edited and displayed by OTAcademy on its website, and accessed by Users, for the purposes and on these Terms, (b) agreeing to indemnify and hold harmless OTAcademy and its Users from any claim or demand made by any third party due to or arising out of your materials, and (c) representing that you own or otherwise have the right to post the materials, that the materials are accurate, that use of the materials on the OTAcademy website does not violate any laws, and that the materials will not cause injury to any person. OTAcademy shall have the right to use your name and location in connection with your posted materials.
Our Website may provide Registered Users with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display User Content to us and/or to other users (referred to as a "Post" or "Posting"). Sometimes we provide specific areas on our Website where you can Post information about yourself and others, communicate or upload User Content such as photographs or audio-visual works. Posting includes not just User Content in the form of files or material you upload to our Website, but also any messages or information you may send in the form of emails, text, SMS, and instant messages (IM), comments, advice, opinions and ideas, as well as information available as a result of your participation in chat rooms, forums and similar areas of our Website where you may be exchanging information and communicating with others. You should understand we intend the terms "Post" and "Posting" and any variations of these words to be construed as broadly as possible and when we use the term "User Content" it includes all of these things and anything else you might Post.
You acknowledge and agree when you Post something, it enters the public domain without reservation of any rights by you or control over its subsequent use. Postings are not only viewable publicly, but others may collect and use what you Post. For example, if you Post your telephone number or your email address, you may receive unwanted calls or unsolicited messages. You agree you will not Post User Content that is subject to any copyright, trademark or other intellectual property protections or proprietary rights, including any rights of confidentiality, privacy or publicity, unless you are the owner of such rights or a licensee or authorized agent with permission from the owner to make such Post. Each time you Post, you are representing to us that the User Content you Post is in compliance with the preceding sentence and that the act of Posting, as well as the User Content you Post, is not in violation of any laws or regulations or any obligations or agreements you may have, including these Terms.
WE CAN USE YOUR POSTINGS
You authorize us to use your Post, in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter discovered or developed, alone or together, in compilations or combinations, as part of other User Content of any kind or nature and in any manner of our choosing, without notice or attribution. You have no right to require and we have no obligation to pay any fees, charges or royalties for our use or exploitation of your Post and we reserve the right to delete your Posting at any time and in any manner we choose.
DON'T POST PERSONAL INFORMATION
You should never Post Personal Information because, as we note above, anything you Post or that is Posted through the use of your User ID (e.g., if you allow others to use your User ID or you fail to protect the confidentiality of your User ID) may be seen and obtained by others and is or may become publicly available. Postings on our Website may appear on other Website or when someone uses search technology looking for subjects related to or about a Posting. Never assume what you Post will be kept confidential or that other users or third parties will not be able to see or obtain access to your Posts. Neither you nor we can control who may see or obtain Posts. Nor do we control or know what they may do with Postings or for what purpose they may be used. While we ask you not to Post or share Personal Information, if you decide to do so anyway, we urge you to exercise discretion and caution, because you should always assume Personal Information you Post is and will become publicly available and you Post Personal Information at your own risk.
We should also point out that no communications, especially those over the Internet and using the facilities of the World Wide Web, including our Website, can be guaranteed to be secure, and at the risk of repetition, you should assume any Personal Information you share, whether by Posting or otherwise, may be seen and read (and possibly used) by others who you do not know and you do not intend to have it or use it.
BE HONEST, BUT BE CAREFUL
When Posting, you must provide accurate and truthful information about yourself and avoid, being deceitful or Posting false or misleading information, expressly or by implication or omission. If information you previously Posted becomes outdated or changes, it's up to you to promptly correct the Post or Post a correction, to avoid misleading or being deceptive to others on our Website.
PROTECT YOUR USER ID
WE AREN'T RESPONSIBLE FOR YOUR POSTINGS
We aren't responsible, liable or accountable for Posts. We generally don't control, monitor, screen or edit user Posts, although we reserve the right to do so and we may start, stop or decide to do so, for a particular reason or for no reason at all, at any time and from time to time in our sole discretion, without notice. We don't endorse or support any particular opinion, recommendation, information, advice or anything contained in or that might be inferred from a Post. We certainly cannot and do not vouch for or guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Website. By providing you and others with the ability to Post, our Website is a passive conduit and we neither undertake nor accept any obligation or liability relating to any Posting or the activities of users.
USERS CAN DISAGREE
Even though our Website allows you to interact, even if we have the capability to monitor your dealings with others; even if we find out about a dispute you are having with another user or third party, you are solely responsible for your interactions with others. We have no responsibility to monitor, resolve or get involved in any dispute or disagreement you have and although we reserve the right to do so, we don't undertake or accept any liability, whether we do or not.
DON'T RELY ON POSTED CONTENT
Content that is Posted on our Website can never replace or substitute for professional financial, medical, legal, tax or other advice from those you know and trust. While we don't assume our users intentionally Post inaccurate, false or misleading Content, neither we nor you can ever check the qualifications of those who Post, nor is there any way to know if Postings are made for entertainment or other purposes. Certainly, no online user could ever possibly Post Content relevant to your own personal circumstances or situation and you should never rely on any Postings in making decisions or taking or failing to take specific actions, especially those that could have an effect on you or anyone else. If you have specific concerns or circumstances arise in which you need professional financial, legal, tax, medical or other guidance and advice, you should always consult with a trained and qualified specialist.
TERMINATION OF YOUR RIGHTS
GENERAL RULES THAT APPLY TO POSTING
You may never yourself, Post or use, allow or enable others to Post, use our Website or knowingly condone use of our Website to do or attempt to:
- violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise;
- engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
- impersonate any other person, firm or enterprise or any of our or their employees and agents;
- use our Website for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
- modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Website, Posts or any other rights or use and enjoyment of our Website by any other person, firm or enterprise;
- collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
- engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing" or other similar schemes; or
- use our Website or any Content, including Posts and User Content , for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.
INCENTIVES, REWARDS, AND OTHER PROMOTIONAL OFFERS
OTAcademy does not guarantee that files available for downloading through its website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
As a convenience to Users, the OTAcademy website and services may provide links to other sites or resources. Because we do not review or have no control over such sites and resources, OTAcademy shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by OTAcademy of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our website. The information available on third parties websites may have certain restrictions on its use or distribution which differ from these Terms.
PASSWORD PROTECTED AREAS
Some areas of the OTAcademy site ("Password Protected Areas") are password protected and available only to Users who are registered with OTAcademy to have an account. Registration requires Users to fully complete the account registration process. OTAcademy reserves the right to deny or revoke registration or access to Password Protected Areas for any User. OTAcademy takes reasonable measures to ensure the security of the Password Protected Areas but cannot guarantee the absolute security of information or communications in such Password Protected Areas. Users are responsible for maintaining the security of the password they receive from OTAcademy and must notify us if they believe that the security of their password or account has been breached or subject to unauthorized use. OTAcademy will not be liable for any loss or liability incurred as a result of an unauthorized person using a User's password.
The following activities are strictly prohibited:
- Spamming, advertising, soliciting or political campaigning
- Personal attacks on or abuse of any members, moderators, or administrators of a forum
- Postings for any unlawful or fraudulent purpose (including links)
- Posting of personal information (for yourself or anyone else)
- Posting materials containing viruses or other malicious or destructive code
- Posting of offensive content including profanity, obscenity, racist or pornographic material
- Posting of any materials that are defamatory or infringe any person's rights
When you visit our website or send us email, our responses to your communications will be by e-mail. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. OTAcademy will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of OTAcademy, its customers, suppliers and Users.
The OTAcademy website and its content are protected by copyright, trademark and other proprietary laws. See our Copyright Notice.
COPYRIGHT INFRINGEMENT POLICY
REPORTING COPYRIGHT INFRINGEMENT
OTAcademy takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the website infringes your copyright, you may request removal of those materials (or access to them) from the website by submitting written notification to our Copyright Agent (designated below). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your DMCA Notice to the address below:
Copyright Agent - OTAcademy
Attn: Legal Department
17780 Fitch, Suite 200, Irvine CA 92614
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable access to this website and/or terminate the accounts of users who are repeat infringers.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
While we use reasonable efforts to include accurate and up to date information in the Website, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Website.
Your use of and browsing in the Website are at your risk. Neither we nor any party involved in creating, producing, or delivering the Website is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Website. Without limiting the foregoing, everything on the Website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. We also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data text, images, video, or audio from the Website.
Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website, we are under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.
Software from this Website is further subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using the software, you represent that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although OTAcademy may offer services in many parts of the world, certain OTAcademy services may not be available in or suitable for certain countries or locales. We reserve the right to discontinue or to make changes to, any of our services at any time without advance notice.
DISCLAIMER OF WARRANTIES
OTACADEMY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS WEBSITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES
IN NO EVENT WILL OTACADEMY BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF OTACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS OTACADEMY's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WAIVER OF LIABILITY FOR YOUR PARTICIPATION ON THE WEBSITE
In addition we have no obligation to monitor user behavior, actions or Posting in forums or chat rooms and we are not and shall not be responsible nor shall we be liable to you or anyone else for any personal injury, emotional or mental distress or any damages resulting from your use of or participation in any of our chat rooms or online forums.
17780 Fitch, Suite 200
Irvine, CA 92614 Last revised on October 17, 2016