Market Technologie, Vantage Point Intermarket Analysis trading Software Never a refund Wesley Chapel Florida

I purchased software license and data feed subscription from this Market Technologies Company (MTC). The software was down loaded and all the necessary use documentation, instructional videos, training and manuals are available on line and virtual. The sales/account rep, Holly Williams stated that the company owner insisted that they ship to me the optical disks though I will never needed to use it. She admitted to me that they were out dated and not the latest version. I did not know and it was not disclosed that they were charging me $45 for the privilege of receiving unneeded product. There would have to be a software update done on line after loading software from this disk had I ever loaded from the disk, which I never did. I down loaded the latest version “on line” so no need to upgrade When I verbally told the account rep that I was canceling the account I asked if she wanted the disk back and she said no, that I could not cancel the contract and I had to keep the disks. She also stated that no refund will ever be given. 

They failed to give me a copy of the contract which stated that a refund is available at 3 days, 15 days and 21 days.  I requested a copy of the contract that was agreed to on line and they refused to give me one.  Ms enee Tate was contacted bymy Credit Card Dispute department and Ms tate said that since I read the contract on line that I did not need a copy.

As I remember the contract there was a 21 day evaluation period.  Another curious point that Ms Tate stated that there is not an evaluation period. During the first 21 days a new licensee have 100% access to all the investment instruments that their software includes. I think a reasonable person would call this an evaluation period. Though without access to the whole contract I am not sure what Market Technologies call this period as it may be part of the redacted paragraphs. At the end of the 21 day period a licensee needs to determine what instruments they will have access to then choose them from their purchased plan. So Ms Tate is a bit disingenuous when she states there is not an evaluation period. It would be reasonable for a normal person to confuse all the time periods , 3 days, 15 days and 21 days on the agreement if they were denied access to a copy of the agreement to review as Ms Tate agrees happened and with what Ms William and Mr Chris denied me. I also think a reasonable person with just one reading of a contract and denied access to the text could confuse the 15 day period with the 21 day period not knowing when day one is. 

They, Market technologies who sent me the disk and pamphlet stated that since I did not return the disk and pamphlet that I was not due a refund.  The contract copy that MTC sent to my credit card Dispute Department and was heavily redacted.

My credit Card Dispute Department was able to also get a copy of the invoice and a copy of the credit card charge reciept.  I purchased $3320 worth of software and a $360 i.e. $30 per month, data feed. The merchant added $45 for shipping and handleing a disk without my consent and I verbally stated that I did not want the disk. But the charges on my card are $1,000, $2365, and $360. The invoice combines the $2320 and the $1000 charge adding the $45 for a total of $3265, but charged the card twice three separate amounts, $2365, $1000 and $360. Is there interstate commerce laws that place an importance on keeping the max charge below $2500? Could it be the difference between municipal court and US circuit court for any disputes. Instead they, MTC, took the approach that no refund is ever possible!

Summary

1. Market Technologies purposefully withheld a copy of the agreement to create confusion and to deny a request for refund by Ms Tate's own admission.

2. The return of the disk and pamphlet is used for leverage to deny a total refund while the $45 cost of the disk and pamphlet is only at issue as the product, instructional videos and materials are available and down loaded from Market Technologies website.

3. The $45 disk and pamphlet shipping and handling were a separate line item charge not disclosed to the purchaser and not needed as the software product was down loaded. No disk was ever needed to evaluate the product so the denial of a full refund until the disk and pamphlet are returned is again ludicrous.

4. The Invoice and credit card charges do not match purposefully in an attempt to confuse and muddle the withheld agreement. I will surmise to keep further action in Oregon Municipal court instead of US District court.

5. The whole agreement should be invalidated by the redaction of key parts that would prove my assertion that cancellation up to the the 21 day evaluation period would be possible and result in a $495 charge + $45 for disk and pamphlet.