ClIK TERMS AND CONDITIONS

Welcome to CliK.

The Terms set out below, and the documents referred to in them (the “Terms”) form the legal agreement between you as the user (“You”) and OTA Franchise Corporation, a Nevada Corporation doing business as Online Trading Academy (“We”, “Us” or “OTA”), as the provider of CliK, and for use of CliK as described below.

CliK is a proprietary front-end analysis, education and trading application that provides 15-minute delayed data and a simulated (paper trading) order entry environment (“CliK SIM”). CliK takes the tools, features and services taught in OTA’s curriculum and integrates them with a delayed data feed designed to accelerate your learning experience.

CliK provides unique proprietary features such as the Trade Builder, Zone Drawing Tool, XLT Sessions Tool, and the Supply and Demand Grid, using the delayed data feed in the CliK SIM.

CliK also incorporates conventional market analysis and trading tools such as charts and quote lists, . Further, if you elect to link CliK to your own personal third-party brokerage account, you will have access to order placement and order management through the services of your third-party broker.

Linking Personal Brokerage Accounts (PBAs)

CliK is not a brokerage account and cannot provide any live trading functions unless you elect to link to your PBA account. At your discretion, if you are an enrolled OTA Student in good standing, you will have the option to link CliK to your PBA and, through CliK, place live trades with your PBA, subject always to these terms and conditions:

Any margin requirements represented within CliK are estimates only. For any tradeable instrument, both initial and maintenance margin requirements with your broker may be different than those displayed within CliK. This may be a result of one or several reasons; including real-time market conditions, current market volatility and many other factors. Online Trading Academy has no role in the determination of margin requirements for real-money trading with any broker. These decisions are made entirely by the executing firm. For any questions on margin for real-money trading; please contact your broker directly.

IF YOU CHOSE TO LINK YOUR PBA YOU ACKNOWLEDGE THAT YOU DO SO ENTIRELY VOLUNTARILY.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE ClIK AND ANY PRODUCTS AND SERVICES AVAILABLE THROUGH IT (“THE ClIK SERVICES”), AS THESE TERMS WILL APPLY TO BOTH YOUR USE OF ClIK AND THE ClIK SERVICES.

BY USING ClIK AND ClIK SERVICES YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THESE TERMS (INCLUDING THE DOCUMENTS REFERRED TO IN THEM) AND THAT YOU AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD PROMPTLY LEAVE THIS PAGE WITHOUT ACCESSING OR USING ClIK OR ANY OF THE ClIK SERVICES.

WE MAY REVISE THESE TERMS AND CONDITIONS FROM TIME TO TIME BY AMENDING THESE PAGES WITHOUT PRIOR NOTICE TO YOU. PLEASE CHECK THESE PAGES FROM TIME TO TIME TO SEE IF ANY CHANGES HAVE BEEN MADE, AS THEY WILL BE BINDING ON YOU IF YOU CONTINUE TO USE AND ACCESS ClIK AND ClIK SERVICES.

Your continued use of the CliK and CliK services following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some functionality, products or services that become available in CliK and CliK services may be subject to new terms and conditions, and if those new terms and conditions conflict with these Terms and Conditions, the new terms and conditions will prevail.

USE OF ClIK IS YOUR CHOICE AND YOU ARE RESPONSIBLE FOR HOW YOU USE IT

You acknowledge and agree that your access to CliK is initiated by you electing to open and access CliK through your My OTA account and that all the terms and conditions of use for My OTA are also applicable to your use of CliK and are hereby incorporated into these Terms and Conditions. When the context requires, CliK and /or CliK services shall be substituted for My OTA or My OTA services in the Terms and Conditions. For ease of reference the My OTA Terms and Conditions of use can be accessed here: https://myota.tradingacademy.com/User/TermsAndConditions
You may elect to link your PBA to CliK on the terms and subject to the conditions of this Agreement. You acknowledge and agree that:

If you do not link your PBA to CliK, the only data provided to you through CliK by OTA is 15-minute delayed data. You may only place simulated trades and manage simulated positions in CliK SIM.
When you link your PBA to CliK and elect to live trade through the application of CliK you will be using a live data-feed provided solely by your PBA; specifically, only those to which you are entitled based on the appropriate data exchange agreements between you, your executing firm and the real-time data provider(s).
Your trading through your PBA will be subject to the terms and conditions of use of your PBA.
The live data feed from your PBA may be subject to data delays, outages, PBA server issues.
OTA HAS NO RESPONSIBILITY AND IS NOT LIABLE for any claims that you may have against your PBA, including but not limited to the following issues that may give rise to claims which may occur through your PBA.
Use of CliK is also subject to server disruption, internet slowing, data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors.
You agree that it is YOUR RESPOSNSIBILITY to manage these possible risks by:

Having a back-up plan to manage all live trading through your PBA.
Know how to access and use your PBA platform to manage orders and open positions
Have your PBA trade desk telephone numbers and an open phone line available to you always when you are live trading

YOU ALONE ASSUME THESE RISKS

Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks; quote delays; system and software errors; data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you place a trade through your PBA, resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions.

Single User Access – Sharing of User Name and Password is Strictly Prohibited

CliK is intended for use by adult individuals. When You access any part of CliK, you agree that you are an individual person, who is at least eighteen (18) years old and have read, understood, and agreed to be bound by all of these Terms and Conditions as amended from time to time.
If you do not agree, then you must cease using and exit CliK.
If You qualify to register and participate as a CliK user, you will select a password and user name and provide other information about your identity (“Platform Login”). In all participation in CliK You agree to (a) provide accurate, current and complete Platform Login; (b) maintain the security of your password and user name; (c) keep your Platform Login updated, accurate, and complete; and (d) be personally responsible for all use of your account and for any actions that take place using your account.
CliK is designed for individuals who trade only for their own account. If you are entering into these Terms on behalf of a company, partnership or another legal entity, you represent that you have the authority to bind that legal entity to these terms and that your participation in CliK is not for commercial gain.
In order to ensure that all our students enjoy the highest quality of experience within CliK, we reserve the right to suspend any person’s participation in CliK at any time, for any reason whatsoever, at our sole discretion.

OTA’s Intellectual Property and your Responsibilities

You will not, and you will not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the operation of CliK (except to the extent such restrictions are contrary to applicable law); (b) modify, translate, or create derivative works based on the CliK services; (c) use CliK for timesharing or service bureau purposes or otherwise for the benefit of a third party; (d) remove any proprietary notices or labels; (e) use CliK to build a similar or competitive product or service; (f) without the OTA express written permission, introduce software or automated agents or scripts to CliK so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from CliK; (g) perform or publish any performance or benchmark tests or analyses relating to CliK services or the use thereof or (h) otherwise use CliK in a manner inconsistent with this Agreement.

You represent, covenant, and warrant that You will use CliK only in compliance with OTA’s standard published policies and documentation then in effect and all applicable laws and regulations (including export laws). Although OTA has no obligation to monitor Your use of CliK services, OTA may do so and may prohibit any use of CliK it believes may be in violation of this Agreement.

USER FEEDBACK. We desire to continue to improve CliK services and to keep them up to date. For purposes of this Agreement, “User Feedback” means collectively, any comments, suggestions, recommendations, or proposed corrections related to CliK and CliK services that we receive from You. You hereby grant us the non-exclusive right to fully exploit the User Feedback, including but not limited to using and incorporating the User Feedback into CliK and CliK services and/or any of our other products and services, without any royalties or other consideration to You or any third party.

AFFILIATED SITES. OTA has no control over, and no liability for any third party websites or materials. OTA works with a number of partners and affiliates whose Internet sites may be linked with CliK. Because neither OTA nor CliK has control over the content and performance of these partner and affiliate sites, OTA makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and OTA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of CliK, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that OTA makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.

PROHIBITED USES. OTA imposes certain restrictions on your permissible use of CliK and CliK services. You are prohibited from violating or attempting to violate any security features of CliK or CliK services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the CliK services, CliK, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to CliK or the CliK services, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using CliK or CliK services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the CliK services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by OTA in providing the site or service. Any violation of system or network security may subject you to civil and/or criminal liability.

Communication with OTA

For purposes of quality assurance, OTA will routinely engage in the automatic recording and archiving of support phone calls, support chats and video support screen-share sessions. Only authorized personnel of OTA will have access to these recorded and archived communications.

By accepting these terms and conditions, you, and on behalf of anyone that you authorize to contact OTA on your behalf, consent to the automatic recording and archiving of support phone calls, support chats and video support screen-share sessions.

Your consent is a waiver of the California Invasion of Privacy Act (Pen C §§630-638.55), the Stored Communications Act (18 USC §§2701-2713), the Wiretap Act (18 USC §§2510-2523), the Electronic Communications Privacy Act of 1986 (ECPA) (Pub L 99-508, 100 Stat 1848) and any other statutes or regulations that may be applicable to your communications with OTA concerning these topics.