By completing this AGREEMENT, YOU AGREE TO ALL OF ITS TERMS,
in the SAME conditions as if you had physically SIGNED a printed copy of
YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT,
PLEASE DO NOT SEND US your order
and do NOT FILL OUT THIS PAGE and AGREEMENT
This PROVISIONS of SERVICES, NON-DISCLOSURE
and RELEASE OF
LIABILITY AGREEMENT (hereinafter referred to as
is executed as of month/day/year
represents the DATE
which you will
enter at the end of this Agreement
PM TRADERS, Inc., a North Carolina Corporation,
(hereinafter referred to as "TRAINER")
and FIRST Name, LAST Name
Name, LAST Name
YOUR NAME as you will enter it at the end
of this Agreement
(hereinafter referred to as "USER").
TRAINER and USER may be referred to
individually as "Party" or collectively as "Parties."
1. TRAINER provides,
through its PRIVATE COURSE, SEMINARS and PRIVATE TUTORING as well as
through other means, educational and tutoring services on techniques and strategies for
stock market investing/trading.
2. USER desires to learn
these techniques and strategies from TRAINER.
3. Pascal MONMOINE, in his
individual capacity, (hereinafter referred to as "Pascal
an employee of TRAINER.
4. In providing these services, it is necessary
for TRAINER to disclose to USER certain proprietary and trade secret
has been advised of
and fully understands the high risks of using the techniques of TRAINER,
including the potential of LOSING ALL of his or her
investment principal or EVEN MORE than this investment principal
if they decide to trade using "margin" and/or "short
|6. TRAINER does
not provide specific investment advice to
any client/user that consists of the rendering of advice on the basis
of his or her specific investment situation, nor will TRAINER invest
money for any client/user.
7. TRAINER desires to protect and maintain
the confidentiality of his trade secrets or other proprietary
information and to control and restrict its dissemination to prevent
disclosure to unauthorized parties.
Agreement applies to ALL
teaching and material provided to USER by TRAINER and, in particular,
to TRAINER's PRIVATE DAY TRADING Start Up COURSE, TRAINER's PRIVATE
DAY TRADING Start Up SEMINARS, TRAINER's ADVANCED SEMINARS
and TRAINER's PRIVATE TUTORING SESSIONS.
1.1 Subject to the terms hereof, the phrase "Trade Secret Information" as used in this Agreement shall include, but not be limited to, information relating to TRAINER's techniques and strategies, including, but not limited to, information relating to trading secrets or proprietary information, specific set ups, entry and exit techniques, research results and data back testing results, whether obtained verbally or in writing or through observation of TRAINER’s trading.
1.2 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 PRIVATE COURSE, past, present or future,
be used by USER only and for the sole purpose of developing his or her personal
1.3 USER shall not market, resell, or disclose in any manner any
information, techniques, strategies, or "Trade Secret
Information" taught to him or her by TRAINER during the course of
their private and/or public seminars, tutoring sessions, in TRAINER's PRIVATE
COURSE or by any other means.
1.4 No Trade Secret Information shall
be disclosed to any third party (individual, business or any other entity)
without the prior express written approval of TRAINER. All material
explained in our PRIVATE COURSE, during all private or public tutoring sessions
and seminars and by any other means is for personal
use only. Publication and dissemination, including posting to news
groups, is expressly prohibited without the prior written consent of
1.5 No license or similar right is
granted to the recipient party hereunder. All title, right and interest in
Trade Secret Information shall at all times be in the TRAINER.
1.6 With respect to each item of
Trade Secret Information disclosed, the obligations of the parties under
this Agreement shall expire fifteen (15) years from the date of each such
disclosure or the maximum period permitted by law if such period is less
than fifteen (15) years.
1.7 The undertakings and obligations
of the parties under this Agreement shall not apply to any information
(a) is disclosed in a printed publication
available to the general public, is described in a patent anywhere in the
world, or is otherwise in the public domain at the time of the disclosure
other than through the wrongful act or omission of the receiving party;
(b) is generally disclosed to third parties by TRAINER
without restriction on such third parties;
(c) is approved for release by prior, express, written authorization from
the disclosing party; or has been furnished to the U.S. Government with
"unlimited rights" as defined in the Federal Acquisition
2. ACCEPTANCE OF RISK and RELEASE OF
USER fully understands and
accepts that stock trading is a highly risky activity. USER fully
understands and accepts that stock trading, based totally or partially on
TRAINER’s or Pascal MONMOINE’s teachings, may result in losing an
unlimited amount of money (and possibly even more than USER’s initial
capital when using "margin" or "short selling").
understands that TRAINER strongly advises that USER only trade money
that USER can afford to lose in its entirety.
2.2 Therefore, USER agrees not to
hold TRAINER or Pascal MONMOINE responsible in any way and by any means
for any of the monetary or non-monetary damages (including but not
limited to, stress, emotional suffering and other injuries) and/or
losses resulting from using part or all of the information taught to USER
by TRAINER or Pascal MONMOINE. USER understands and accepts that USER
alone is responsible for his or her own trading actions. No guarantee
is made by TRAINER or by Pascal MONMOINE that any of the trading signals,
methods of analysis, techniques or anything else explained by TRAINER or
Pascal MONMOINE will be profitable or will not result in losses.
3. GENERAL PROVISIONS
3.1 BINDING EFFECT. This Agreement shall be
binding upon and inure to the benefit of the successors and assigns of the
3.2 ENTIRE AGREEMENT. This Agreement is complete at the time you agreed to
it by completing this AGREEMENT
form and submitting it electronically as instructed below (by clicking the
acceptance button below). This Agreement constitutes the entire
Agreement and understanding between the Parties and supersedes any and all
prior agreements, understandings and negotiations, written or oral,
relating to the subject matter hereof, including any information on this
web site, unless referenced and incorporated
herein. This Agreement may be modified and amended only by written
instrument executed by the Parties.
3.3 ASSIGNMENT. USER agrees that USER shall not have the right to
transfer, sell, pledge or assign their interest in the Agreement, or any
of their obligations or duties under this Agreement, without the prior
written consent of TRAINER. TRAINER retains all rights to
transfer, sell, pledge or assign TRAINER's interest herein.
3.4 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.
3.5 USER agrees NOT TO DISSEMINATE, PUBLISH, DISCUSS, COPY or SHARE by any means and with anyone any of the
information and/or material provided or sold by TRAINER, including but not
limited to TRAINER's PRIVATE DAY TRADING Start Up COURSE.
3.6 NO WAIVER OF RIGHTS. Failure to exercise any right or power by any
Party under this Agreement does not constitute a waiver of such power or
right, unless expressly agreed in writing.
3.7 LIMIT OF LIABILITY. Neither party shall be liable to the other
party for more than the aggregate amounts paid to TRAINER under this
3.8 LIABILITY. UNDER
NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING
FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST
3.9 SEVERABILITY. Each of the provisions of this Agreement is severable
from every other provision of this Agreement and the invalidity or
unenforceability of any one or more provisions of this Agreement shall not
affect the validity or enforceability of the remaining provisions of this
3.10 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 TRAINER, 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
3.11 COSTS AND EXPENSES. Any costs and expenses incurred by TRAINER
(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.
3.12 USER acknowledges that USER printed a copy of this Agreement for
his/her personal records.
3.13 TRAINER disclaims all warranties, express or
implied, and particularly disclaims the implied warranties of
merchantability and fitness for a particular purpose. Damages for breach
of warranty, breach of agreement, or breach of any other obligation under
the AGREEMENT or the terms of the AGREEMENT will not under any
circumstances exceed the amount actually paid by USER to TRAINER for
services rendered pursuant to this AGREEMENT.
IN WITNESS WHEREOF,
the USER by acknowledging their assent, has executed this Agreement effective as of the day
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