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Re: cici post# 71668

Tuesday, 10/12/2010 1:23:11 PM

Tuesday, October 12, 2010 1:23:11 PM

Post# of 111214
really? apparently you havent seen this. you agreed to these terms when you paid for the moninar and I can assure you that this is anything but standard

Terms and Conditions

RELEASE OF LIABILITY, INDEMNITY, AND HOLD HARMLESS AGREEMENT

1.ACKNOWLEDGMENT OF RISKS.
The undersigned recognizes and understands that there are financial risks associated with their participation in the activities promoted in this program. The undersigned further recognizes and fully understands that:
a. The instructor at the Monkinar, Jerry Williams, is not a stock broker or financial advisor and does not promote any recommendation to buy or sell stock. Mr. Williams merely discloses to the attendees at the seminar his methodology of trading, purchasing, and holding stocks.
b. Stock trading is inherently risky and the undersigned agrees to assume complete and full responsibility for the outcome of all trading decisions made, including, but not limited to, loss of capital. The trading of stocks, especially penny stocks, is a high risk but potentially high reward endeavor. It is also possible to incur substantial financial losses in day-trading of stocks.


2. RELEASE FROM LIABILITY
a. THE UNDERSIGNED HEREBY RELEASES, ACQUITS, AND FOREVER DISCHARGES AND WAIVES ANY AND ALL CLAIMS AGAINST JERRY WILLIAMS, MONKINAR, AND FIRST IN AWARENESS, LLC ("THE RELEASED PARTIES") THAT ARISE FROM OR RELATE TO THE PARTICIPATION IN ANY STOCK TRADING ACTIVITIES OR THE ATTENDED EVENT.
b. THE UNDERSIGNED FURTHER AGREES NOT TO INITIATE ANY FORM OF LITIGATION AGAINST THE RELEASED PARTIES FOR ANY REASON THAT ARISES OUT OF OR RELATES IN ANY WAY TO THE INFORMATION TRANSMITTED IN THE ATTENDED EVENT.
c. WITHOUT LIMITING THE FOREGOING, THE UNDERSIGNED AGREES THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO THE UNDERSIGNED, THE UNDERSIGNED'S HEIRS OR THE UNDERSIGNED'S ASSIGNS FOR ANY CLAIMS ARISING OUT OF OR RELATED IN ANY WAY TO STOCK TRADING ACTIVITIES OR THE INFORMATION TRANSMITTED IN THE ATTENDED EVENT.


3. AGREEMENT TO INDEMNIFY AND HOLD HARMLESS
a. THE UNDERSIGNED AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE UNDERSIGNED?S PARTICIPATION IN A MONKINAR.
b. THE UNDERSIGNED FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY CLAIMS ASSERTED BY OR THROUGH THE UNDERSIGNED, THE UNDERSIGNED'S HEIRS, OR THE UNDERSIGNED'S ASSIGNS ARISING FROM OR RELATED TO THE PARTICIPATION IN STOCK-TRADING ACTIVITIES OR THE ATTENDED EVENT.
c. AS USED HEREIN "INDEMNIFY" MEANS TO AGREE TO ASSUME THE RELEASED PARTIES' LIABILITY IN A CLAIM, THEREBY RELIEVING THEM OF RESPONSIBILITY AND\OR REIMBURSING THE RELEASED PARTIES FOR CLAIMS ASSERTED AGAINST THEM BY ANY THIRD-PARTIES THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE UNDERSIGNED'S ATTENDANCE OF A MONKINAR OR PARTICIPATION IN STOCK-TRADING ACTIVITIES.


4. VIDEO AND STILL PHOTOGRAPHIC IMAGES
a. The undersigned gives Jerry S. Williams, Monk's Den or First in Awareness permission to use still or video images taken for professional use.


5. REFUNDS AND CANCELLATIONS
a. The undersigned agrees that Jerry S. Williams, Monk's Den or First in Awareess has the right to cancel a class for any purpose with a full refund.
b. The undersigned also agrees and understands that refunds for reasons other than cancellation of a class are not guaranteed.


6. PROPRIETARY INFORMATION.
a. The undersigned fully understands that any and all information provided during a Monkinar is proprietary and agrees that it shall not be reproduced or otherwise transmitted in any form including, but not limited to, any form or manner that may result in profit to anyone other than Jerry Williams, Monkinar, or First Awareness, LLC.


7. DISPUTE RESOLUTION
a. In the event a dispute arises out of, or is in any way related to this agreement, the parties agree to arbitrate the dispute in Maricopa County, Arizona. The parties agree to use the American Arbitration Association ("AAA") to mutually agree upon a single arbitrator from a list provided by the AAA. If the parties cannot mutually agree upon an arbitrator, the parties agree to have the AAA designate a qualified arbitrator. The arbitration process shall be administered in accordance with the AAA Commercial Arbitration Rules or Securities Rules, if applicable. Any decision rendered by the arbitrator shall be binding on all parties and a judgment shall be entered in the Superior Court of Maricopa County. .
b. As a condition precedent to arbitration, the parties agree to mediate with a mutually agreeable mediator chosen from a list provided by the AAA. If the parties cannot agree upon a mediator, the parties agree to have AAA designate a qualified mediator. The AAA rules for mediation shall also apply and the mediation shall occur in Maricopa County, Arizona.


The undersigned has read and fully understands all parts of this agreement. The undersigned further understands and agrees that no oral statement or agreement shall be incorporated into or invalidate any part of this agreement. This agreement is enforceable under the laws of the state of Connecticut. If any claim arises out of this agreement, the undersigned agrees that such claim shall be brought in the county of New London, Connecticut.