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. The definition of the term “use” in these Terms may at any time be wider than the then current functionality of the Website which may change from time to time at our discretion. “Related Persons” OTA Franchise Corporation’s officers, directors, managers, employees, and agents, as well as OTA Franchise Corporation’s subsidiaries, affiliates, and franchisees, and their respective officers, directors, managers, employees, and agents.
In addition, if you subscribe to any services offered through this website, or through links to the websites of any affiliated divisions and entities, 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. The Content is to be used for informational, educational and entertainment purposes only and is not intended to provide investment advice for you. 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)/contributors of the Content 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.
NO USER RIGHTS TO POST MATERIALS
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 Users with an opportunity to participate in webinars or other online meeting events (“Webinars”) and hence through the “chat” or similar function, Users may be able 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 in our Webinars where you can Post information about yourself, 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 a Webinar, 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 WEBINAR 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 or in Webinars 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, and access through links to Webinars 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 or in our Webinars.
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 and Webinars provide 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 is not designed to permit Users to interact, it is possible that some Users may attempt to use the chat feature on Webinars to interact with others. 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. We reserve all rights to terminate the participation of any User in a Webinar who is distracting to a presenter or other Users.
DON'T RELY ON POSTED CONTENT
Content that is Posted on our Website or in a Webinar 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 or Webinars 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 or Webinars 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 or Webinars, Posts or any other rights or use and enjoyment of our Website or Webinars 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 Webinars 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 computer viruses or any other code of any description 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.
PROHIBITED CONDUCT IN WEBINARS OR ANY WEBSITE PORTALS
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
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.
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 Webinars or 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 Webinars online live or recorded Webinars.
Dispute Resolution and Mandatory Arbitration for USA Users
In the event of any dispute or claim between You and Us or any of the Related Persons or Related Entities that may arise out of or relate to these Terms and/or Your Use of OTAcademy and/or the OTAcademy Services, You and We agree that, before You or We initiate any formal dispute resolution procedures, You and We will both use our best efforts to resolve the dispute or claim informally by good faith negotiation. To begin this process, the complaining party shall give written notice describing the factual basis for the party’s complaint. The other party shall promptly communicate with the complaining party to arrange for a meeting to discuss the dispute, which meeting may be conducted in person, or by telephone or video conference. If You and We are unable to resolve the dispute within 60 days after written notice is given, either party may make a demand for arbitration, as provided in these Terms, or, if the dispute qualifies for filing in small claims court in the state where You reside, either party may file a complaint in small claims court.
AGREEMENT TO ARBITRATE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, ANY AND ALL CLAIMS OR DISPUTES, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, BETWEEN YOU AND US OR ANY OF OUR RELATED PERSONS (AS DEFINED IN THESE TERMS) OR RELATED ENTITIES (AS DEFINED IN THESE TERMS), OR ANY SUCCESSORS OR ASSIGNS OF THE FOREGOING, ARISING FROM OR RELATING TO THESE TERMS AND/OR YOUR USE OF OTACADEMY OR THE OTACADEMY SERVICES SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING, INDIVIDUAL ARBITRATION. ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE THE CLAIM. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY, SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY DISPUTE RELATING TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS AGREEMENT TO ARBITRATE, AS WELL AS ALL THRESHOLD ARBITRABILITY ISSUES, INCLUDING WHETHER ALL OR ANY PART OF THIS MANDATORY ARBITRATION SECTION IS VOID OR VOIDABLE AND ANY DEFENSE TO ARBITRATION.
EXCEPTIONS TO ARBITRATION AGREEMENT: The following claims are not subject to this agreement: claims (if any) that by law cannot be made subject to pre-dispute arbitration agreements, and claims to enjoin the infringement or other misuse of intellectual property rights. A claim that qualifies for filing in small claims court in the state where You reside may, at the complaining party’s option, be resolved either by individual arbitration or in small claims court.
ARBITRATION PROCEDURES. Any dispute or claim subject to this agreement to arbitrate shall be settled by arbitration administered by the American Arbitration Association (AAA) under its then-current Consumer Arbitration Rules (the “Applicable AAA Rules”). A copy of the rules and demand forms may be obtained at www.adr.org, or by calling 1-800-778-7879. Arbitration proceedings may be initiated by mailing a demand for arbitration and filing fee to AAA Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or by filing the demand and paying the filing fee online at www.adr.org. Copies of the completed demand form and any other initiating documents must also be provided to all parties. Demands to Us may be sent to RESOLUTION DISPUTE MANAGER, 17780 Fitch, Suite 200, Irvine, CA 92614. If we commence arbitration, We will send notice and a copy of any such filing or demand to Your last address on file with Us. All claims in arbitration are subject to the same statutes of limitation that would apply in court, and any dispute regarding the timeliness of the claims shall be resolved by the arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state in which you reside and will be selected in accordance with the Applicable AAA Rules. Unless otherwise mutually agreed in writing, the arbitration will be conducted in the county where you reside. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act. Judgment on the award may be entered in any court having jurisdiction. If the Applicable AAA Rules conflict with any part of this agreement, this agreement controls.
FEDERAL ARBITRATION ACT. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this entire agreement to arbitrate.
DISPUTES INVOLVING NON-ARBITRABLE CLAIMS. In the event any dispute involves one or more claims that are subject to this agreement to arbitrate and also one or more claims that are not subject to this agreement to arbitrate (i.e., claims that may proceed in small claims court, claims which by law are not subject to pre-dispute arbitration agreements, or claims to enjoin infringement or misuse of intellectual property rights), the arbitration shall proceed first, and proceedings that may or must proceed in court shall be stayed until the completion of the arbitration proceedings, provided however that in proper cases either party may seek the entry of a preliminary injunction by a court of competent jurisdiction to be enforced while the arbitration proceeds.
WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS/REPRESENTATIVE ACTIONS. You and We agree that for any dispute or claim subject to this agreement to arbitrate, arbitration is mandatory and shall be conducted on an individual basis. You understand that You and We are giving up the right to litigate such disputes before a judge or jury, that You and We are expressly waiving any right to assert claims as a representative or member in any class action or representative proceeding, or to participate as a class member in any such action. No arbitration shall be conducted on a class or representative basis, and the arbitrator shall have no authority under any circumstances to hear or preside over any class or representative claim. Further, unless otherwise mutually agreed in writing, the arbitrator may not consolidate more than one person’s or entity’s claims. If this class/representative action waiver is held unenforceable, then the entirety of this “DISPUTE RESOLUTION AND MANDATORY ARBITRATION FOR USA USERS” section will be deemed void, regardless of any severability clause or claim of severability. Notwithstanding any other clause contained in this document, or in any arbitration organization rules or procedures that now apply or any amendments and/or modifications to those rules, including without limitation the Applicable AAA Rules, any claim that all or part of this class/representative action waiver is invalid, unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Except as provided in this preceding sentence, this “DISPUTE RESOLUTION AND MANDATORY ARBITRATION FOR USA USERS” section will survive any termination of these Terms or Your use of OTAcademy and/or the OTAcademy Services.
FEES. Your responsibility to pay any AAA filing, administrative and/or arbitrator fees will be solely as set forth in the Applicable AAA Rules. Each party shall be responsible for its own attorney, expert, and other expenses, unless awarded by the arbitrator under applicable law.
Governing Law; Venue and Jurisdiction
By visiting or using OTAcademy and/or the OTAcademy Services, you agree that the laws of the State of California (without regard to the conflicts of laws principles thereof) will govern these Terms and any dispute of any sort that might arise between You and Us.
If any dispute or claim is not subject to arbitration (as set out above), you agree to the sole jurisdiction of the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
FOR USERS IN THE UNITED KINGDOM AND OTHER JURISDICTONS
Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death (other than death or personal injury caused by our or our Related Person’s injury to you), resulting from anyone's use of OTAcademy and/or the OTAcademy Services or any Content posted on OTAcademy and/or the OTAcademy Services or transmitted to or by Users, or any interactions between Users, whether online or offline. Nothing in these Terms is intended to exclude our responsibility for fraud, fraudulent misrepresentation, willful misconduct, or any other matter which cannot be limited or excluded as a matter of law in the jurisdiction in which You are based.
DISPUTE RESOLUTION. By accepting these Terms, You understand that Online Trading Academy wants You to be a happy lifelong member of OTAcademy but that if there is an issue that needs to be resolved this paragraph outlines what is expected of both You and Us. You agree with Us and our Related Persons to work in good faith to resolve any disputes that may arise. The consultation and negotiation may be face to face, by telephone or by a form of video conference. If You and We and/or Related Persons cannot resolve our dispute, You and We and/or Related Persons will attempt to settle the matter by mediation (for persons in the United Kingdom in accordance with the Centre for Effective Dispute Resolution’s model mediation procedure then in force, or, for persons in other jurisdictions, by using a recognized mediation service in that location) before any party pursues other remedies.
17780 Fitch, Suite 200
Irvine, CA 92614
Last revised on March 17, 2021