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Refund Request Agreement -
_________________________ _________________________
YOUR NAME(s)
(hereinafter referred to as "USER")
___________________________________________________
YOUR ADDRESS
as of
/
/
(DATE)
In consideration for the payment by PM Traders, Inc. to USER of $ _____ , which represents the amount paid by USER to PM Traders, Inc. as described below (cost of PM Traders, Inc.’s COURSE (after having deducted the shipping & handling expenses, a $45 order processing/returned Course fee and a $20 credit card processing charge if you paid for your purchase by credit card(not applicable if you paid by check, bank transfer or others))), USER agrees to fully and expressly, knowingly, voluntarily and unconditionally release, acquit, and forever discharge Pascal MONMOINE and PM Traders, Inc., from any and all, direct or indirect, charges, complaints, claims, liabilities, controversies, damages, actions, causes of actions, rights, demands, losses, debts, expenses, and attorney’s fees and costs of any nature whatsoever, known or unknown, with regards to any transactions or events occurring prior to the date of this agreement.
It is further agreed as follows:
1.
USER has purchased and read PM Traders, Inc.'s "PRIVATE DAY TRADING
Start Up COURSE™" or one of PM Traders, Inc.'s COURSES and USER has decided, for
personal reasons, that this material is of no value and/or use to him/her.
USER is therefore asking PM Traders, Inc. for a refund of its purchase
price, after deducting the applicable charges and fees as explained here above.
2.
USER understands and accepts that USER is still legally bound by the
PROVISION of SERVICES, NON-DISCLOSURE and RELEASE OF LIABILITY AGREEMENT which
USER has already accepted and signed on our Website or on the hard copy which
USER mailed or handed to PM Traders, Inc.
3.
USER agrees not to use in the future any of the material, techniques,
concepts, information, data or anything else contained in, and/or learned from
reading or browsing PM Traders, Inc.'s "PRIVATE DAY TRADING Start Up COURSE™"
and/or any of PM Traders, Inc.'s COURSES.
4.
USER confirms that he/she has not kept (partially or fully) any copy in
any format of PM Traders, Inc.’s "PRIVATE DAY TRADING Start Up COURSE™"
or any of PM Traders, Inc.'s other COURSES and USER also
confirms that he/she has not given access to any of the material contained in
any of those COURSES to anyone in any form or for any reason.
5.
USER
confirms that he/she has not disclosed, disseminated, or in any way made public
to any third party (individual, business or any other entity) any and all
information, techniques, strategies or Trade Secret Information disclosed,
taught, or disseminated in whatever manner, whether written or verbally, during
the course of each of their private or public SEMINARS, tutoring sessions or in
PM Traders, Inc.’s “PRIVATE DAY TRADING Start Up COURSE™” or in any of
PM Traders, Inc.’s other COURSES, past, present or future.
6.
Upon receipt by PM Traders, Inc. of the 3 following documents:
(1)
this Refund Request Agreement, signed and dated by USER,
(2)
the complete original document of PM Traders, Inc.’s PRIVATE DAY
TRADING Start Up COURSE(s) and any other COURSE,
(3)
a signed and dated copy of the PROVISION of SERVICES, NON-DISCLOSURE and
RELEASE OF LIABILITY AGREEMENT,
PM Traders, Inc. will mail to USER, within 10 business days, a refund in the
amount of $____.
This amount represents the full price(s) paid to PM Traders, Inc. for its COURSE(s) after
deducting
the original shipping & handling expenses as well as a $45 order
processing/returned Course fee (the copy being
returned to PM Traders, Inc. will not be resold as it will be destroyed) and
a $20 credit card processing charge if you paid for your purchase by credit
card(not applicable if you paid by check or other means).
7.
USER understands and accepts that, if applicable, the initial shipping
cost of the COURSE(s) to him/her as well as the shipping cost to return the
COURSE(s) to PM Traders, Inc. will not be refunded.
8.
If any SALES TAX was paid by USER to PM Traders, Inc., the full amount of
such sales tax will be added to the REFUND's amount.
9.
ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement and
understanding between the Parties and supersedes any and all prior agreements
(except the PROVISION of SERVICES, NON-DISCLOSURE and RELEASE OF LIABILITY
AGREEMENT already signed by USER), understandings and negotiations, written or
oral, relating to the subject matter hereof, including any information on PM
TRADERS, Inc.'s Website, unless referenced and incorporated herein. This
Agreement may be modified and amended only by written instrument executed by the
Parties.
10.
GOVERNING LAW & VENUE. Any dispute between the Parties concerning the
interpretation, performance or breach of this Agreement shall be governed by the
laws of the State of North Carolina-USA without regard to conflict of laws
principles. The venue of the
adjudication of any dispute of whatever nature will take place in Wake County,
North Carolina-USA.
11.
LIABILITY. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE
OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY
DAMAGES ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF
REVENUE OR LOST PROFITS.
12.
ARBITRATION. Any dispute or claim arising under or with respect to this
Agreement will be resolved by arbitration in Durham, North Carolina - USA, in
accordance with the Rules for Commercial Arbitration of the American Arbitration
Association before a panel of three (3) arbitrators, one appointed by PM
TRADERS, INC., one appointed by USER, and the third appointed by said
Association. The decision or award of a majority of the arbitrators shall be
final and binding upon the parties. Any arbitral award may be entered as a
judgment or order in any court of competent jurisdiction. If the party asserting
the claim, in accordance with this section 3.9, fails to prevail on all their
claims, then that party shall pay all reasonable costs incurred, including
attorney's fees, to the other party.
13.
COSTS AND EXPENSES. Any costs and expenses incurred by PM TRADERS, Inc.
(including, without limitation, reasonable attorneys' fees) in enforcing any of
its rights or remedies under this Agreement, including collection of outstanding
balances due, shall be paid by USER.
IN
WITNESS WHEREOF, the undersigned has executed this Agreement effective as of the
day first written above.
SIGNATURE of USER: ___________________________________
X (SIGN
& DATE)
Date:
/ /
NAME of USER:
___________________________________
X (WRITE
your FIRST and LAST NAME)
ADDRESS
of USER: ___________________________________
X
REASON(s)
for your RETURN of the COURSE (please be as detailed as possible in your
comments):
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
PM
Traders, Inc. by: _____________________________________
Date:
/ /
Pascal MONMOINE, President