Terms and Conditions
ACKNOWLEDGEMENT. Student, by signing, acknowledges reading and understanding the information contained in this Enrollment Agreement. Online Trading Academy reserves the sole and exclusive right not to accept Student’s enrollment. I understand that the orientation course may prepare me to learn to actively invest / trade securities and/or other financial instruments for my own account at an appropriate financial firm which utilizes the electronic transmissions of securities and other financial instruments orders to execute trades for its customers. I understand that this orientation course is not preparation to be a Licensed Broker in the financial industry. I also acknowledge that no orientation or course of instruction will help me to get a job and will not lead to any employment certification.
Student agrees that in order to assist Student in maximizing the Student’s educational experience Online Trading Academy may request that Student provide certain information regarding Student’s trading experience, objectives, goals and current financial status (“Information”). Student acknowledges and agrees that (i) any Information provided to Online Trading Academy is provided voluntarily and is received solely for the purpose of assisting Student to complete an Education Plan, (ii) Online Trading Academy, its Education Counselors and Instructors are not Registered Broker/Dealers, Certified Financial Planners or Registered Investment Advisers and will not provide Student with any advice as to investment or trading choices or the management of Student’s finances. Online Trading Academy will keep Student’s Information private and confidential and will maintain the Information with access restricted to only those personnel who have a need to know in order to assist Student with Student’s Education Plan and educational experience.
REPRESENTATIONS. Student acknowledges that Online Trading Academy has made no representations or warranties other than those expressed herein; and Online Trading Academy specifically disclaims any other representations or warranties. Moreover, Student recognizes and acknowledges that individual performance depends upon the individual skills, time availability and dedication of each Student in the training program as well as other factors. This Agreement represents the entire understanding and supersedes all prior statements, agreements and understandings, if any, either oral or written. Moreover, the Online Trading Academy training program should not be construed as a recommendation or an offer to buy or sell any security or the suitability of any investment strategy for Student. The purchase, sale, or advice regarding any security, other financial instrument or system can only be performed by a licensed Industry representative such as, but not limited to a Broker/Dealer, Introducing Broker, FCM and/or Registered Investment Advisor. Neither Online Trading Academy nor its representatives are licensed to make such advisements. All purchasers of the Online Trading Academy training programs or products are encouraged to speak with a licensed representative of their choice regarding the appropriateness of investing/trading or of any particular investment/trading strategy.
REFUND POLICY. Student shall have the right to withdraw from the training program herein without any penalty by: (1) If, within three (3) calendar days from the date of Student’s payment for the training program, Student notifies Online Trading Academy in writing of the desire to withdraw, and the notice itself is received by Online Trading Academy more than three (3) days prior to the initially scheduled start date for the Student’s orientation course, Online Trading Academy will issue a full refund within 30 days from the date of notice, in the amount actually paid to Online Trading Academy by Student, provided all training materials have been returned in undamaged and unopened condition. If the training materials have been opened or are otherwise damaged or not returned, the refund shall be for the cost paid for the orientation course less the value of the materials and applicable sales tax or the money paid, whichever is less. Alternatively, (2) at the sole discretion of Online Trading Academy. In all other events, no refunds will be made.
CONDITIONS. No recording of any kind is permitted during any class. I understand that Online Trading Academy may terminate my participation in the orientation course at any time in its sole discretion. If Online Trading Academy makes such determination, it will promptly refund the proportional tuition that correlates with the untaken portion of the class or program.
TRADING RISK. I understand that neither Online Trading Academy, the taking of the orientation course, or any brokerage firm at which I open a trading account can offer me assurance that my trading will result in profits. I understand that any capital I allocate to trading after taking this orientation course may be lost in its entirety. I understand that I will be taught how to invest or trade short term in some cases on an intra-day basis, use of trading software and the data it displays but will not be given specific recommendations as to particular stocks to trade at particular times. All trading done by me after taking the orientation course will be determined by me alone.
RELEASE OF INFORMATION. I hereby authorize Online Trading Academy to exchange my information with broker dealers and FCM/FDM affiliates for the purpose of making me eligible for trading commissions reimbursements.
COMMUNICATIONS. I hereby opt in to the use of my email address for both transactional and marketing materials and use of my cell phone number for calls and texts. I expressly authorize OTA Franchise Corporation and OTA Tax Pros to call me or send me recorded messages or texts about their products using automated technology to my telephone/cellular number I entered on this form. I understand that I am not required to give this consent in order to make a purchase.
ORIENTATION COMPLETION REQUIREMENTS. (1) All orientation classes must be taken at the selling location within six months after signing this Enrollment Agreement; (2) This Market Timing Orientation class is not eligible for the free retake privilege; (3) Application fees are non- refundable except as indicated herein; (4) Orientation classes must be chosen from the posted schedule at www.tradingacademy.com and are subject to change. Availability is on a first come/first served basis.
LIMITATION OF LIABILITY. I agree that how I use the goods and services provided to me under this Agreement and in the Community is at my own risk.
DISPUTE RESOLUTION. Online Trading Academy wants you to be a happy lifelong member of the Community but if there’s an issue that needs to be resolved this section outlines what is expected of both of us.
GOOD FAITH NEGOTIATION. If there is any dispute, claim question or disagreement arising from this Agreement and your use of all or any part of the Community we both agree to use our best efforts to settle the dispute, claim question or disagreement by consulting and negotiating in good faith and, recognizing each other’s interests, attempt to reach a just and equitable solution satisfactory to both parties. The consultation and negotiation may be face to face, by telephone or by a form of video conference such as skype. If we do not reach a negotiated solution within 60 days then any dispute or claim relating in any way to your use of all or any part of the Community will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
ARBITRATION IF WE DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION OR IN SMALL CLAIMS COURT, ANY OTHER EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION.
ARBITRATION. If we do not reach a negotiated solution within 60 days then upon notice by either of us to the other all dispute, claim question or differences shall be finally settled by arbitration administered by the America Arbitration Association in Accordance with its Consumer Arbitration Rules.
I understand that I am giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
I understand that if negotiation has failed to reach a resolution and if I wish to begin an arbitration proceeding, I may either send a letter requesting arbitration and describing the claim to the American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, or file online using AAA WebFile: www.adr.org., or file at any of the AAA’s offices. I agree to send a copy of any such filing or letter to RESOLUTION DISPUTE MANAGER at 17780 Fitch, Suite 200, Irvine CA92614.
The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules which are available at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitration may be conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
NO CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW. You agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern this Agreement and your use of any part of the Community and any dispute of any sort that might arise between you and Online Trading Academy or its affiliates.