Table of Contents
Please read the entire SOSA carefully. This table of contents and these links are provided as a convenience to you.
Scope of the SOSA
Revisions and Relation to Other Agreements or Disclosures
Registration Information, Privacy and Personalization
Unauthorized Use of Your Registration
Schwab's License to You
Your License to Schwab
Use of Third Party Service Providers
Notices, Communications, and Electronic Signatures
Use of Schwab Services
No Investment Advice or Recommendations
Use of Access Devices
Disclosure of Potential Relationships
Security of Data Transmissions and Storage
Monitoring by Schwab
Disclaimers of Warranties
Limitation of Liability and Indemnification
Restrictions on Use
Trademarks and Copyrights
Modifications, Suspensions and Termination of Schwab Services
Click "I agree" for Your Signature
SCOPE OF THE SOSA
Charles Schwab & Co., Inc. which is the clearing broker of Charles Schwab, Hong Kong, Limited (collectively referred to as "Schwab," "we" or "us") operates the Schwab Services, either alone or in conjunction with its affiliates, agents and partners. The Schwab Online Services Agreement ("SOSA" or "Agreement") applies to all Schwab Services, if made available to clients of Charles Schwab, Hong Kong, Limited, regardless of the means by which you access such Schwab Services. In HK, Schwab Services include services offered on the Schwab.com.hk and usdtrade.schwab.com domain as well as on other Internet domains operated by our agents or alliance partners. In addition, Schwab Services may be available through other computer, telephonic, email or wireless services or systems, including Schwab's proprietary software and services such as StreetSmartPro™ and any other computer, telephonic or wireless service or information system Schwab makes available to you, including successors to the systems described above.
We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Schwab Service ("Rules and Guidelines") at the time you register for or use that Schwab Service. The SOSA incorporates by reference the Rules and Guidelines of any Schwab Service for which you register.
REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES
Schwab may revise the SOSA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the Schwab.com.hk home page periodically to review the most current terms and conditions. If you have an account with Schwab, your customer relationship with Schwab is also governed by your account agreements. If there is any conflict between (1) the SOSA and (2) your account agreements, then your account agreements will govern. Schwab may also offer other services from time to time that are governed by different or additional terms and conditions. Schwab Services are subject to any disclosures or disclaimers found within the Schwab Services.
REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION
For your protection and the protection of our other customers and website users, we ask you not to share your Registration information (including passwords, user names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Schwab Services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Schwab Service through the use of your Registration information.
Schwab may offer you the opportunity to personalize a Schwab Service or your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. For more information about these techniques, see "About Cookies." If you access Schwab from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.
UNAUTHORIZED USE OF YOUR REGISTRATION
If you believe that someone has used your Registration information to access any Schwab Service without your authorization, please call Schwab immediately at +852-2101-0500.
SCHWAB'S LICENSE TO YOU
Schwab grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Schwab Services. This license is conditioned on your continued compliance with the terms and conditions in the SOSA.
YOUR LICENSE TO SCHWAB
Unless otherwise indicated for a particular Schwab Service, any communications or material of any kind that you email, post or otherwise transmit through the Schwab Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Schwab to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Schwab website or elsewhere with no liability or obligation to you. Schwab is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
USE OF THIRD PARTY SERVICE PROVIDERS
Schwab may use third party service providers to assist in providing certain Schwab Services with or without notice to you (each, a "Third Party Service Provider"). Schwab may also change Third Party Service Providers or may itself provide a Schwab Service without the assistance of such third party. You consent and authorize Schwab to delegate the authorizations you provide to Schwab to its Third Party Service Provider(s) as Schwab deems necessary or desirable to provide the applicable Schwab Service to you. You agree that the terms and conditions of the SOSA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the SOSA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Schwab" within the SOSA and any incorporated terms are also deemed to include, where applicable, Schwab's agents, such as the Third Party Service Providers.
NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES
You agree to accept all communications from us regarding use of the Schwab Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the "Update User Information" link associated with each Schwab Service. Schwab is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time to time, we would like to send you information about Schwab products and services. If you register for a Schwab Service, you are granting Schwab permission to communicate with you by e-mail. You can opt not to receive such information from us in the future by following the instructions in any e-mail that we send to you.
You agree to be bound by any affirmation, assent, or agreement you transmit through the Schwab Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
USE OF SCHWAB SERVICES
The following requirements apply to your use of all Schwab Services:
- You will not use any electronic communication feature of a Schwab Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
- You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use any Schwab Service for any commercial purpose not expressly approved by Schwab in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including, without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
We may make available to you through one or more Schwab Services a broad range of financial information that we obtain from Third Party Service Providers. This includes financial market data, quotes, news, analyst opinions, and research reports. Collectively, we refer to this as "Market Information." Schwab does not endorse or approve Market Information, and we make it available to you only as a service and convenience. Schwab and our Third Party Service Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of Market Information, or (2) warrant any results from your use or reliance on Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Schwab nor the Third Party Service Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Schwab nor the Third Party Service Providers will be liable to you in any way for the termination, interruption, delay, or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Schwab to receive Market Information. If you are a securities broker, dealer, banker, or investment advisor, you agree not to use Market Information provided by Schwab for any purpose related to your business.
NO INVESTMENT ADVICE OR RECOMMENDATIONS
The Schwab Services and content (including Market Information) are for information, education, and entertainment purposes only. Although Schwab Services may provide information relating to investment approaches and opportunities to buy or sell securities, you should not construe any Market Information, features, tools or other content available through any Schwab Service as legal, tax, investment, financial or other advice. Nothing contained in any Schwab Service or any other content on our Web site constitutes a solicitation, recommendation, endorsement, or offer by Schwab or a Third Party Service Provider to buy or sell any securities or other financial instruments.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any Schwab Service before making any decisions based on Market Information or content contained in a Schwab Service. In exchange for using Schwab Services, you agree not to hold Schwab or any Third Party Service Provider liable for any possible claim for damages arising from any decision you make based on information made available to you through any Schwab Service.
USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved by Schwab in writing, you agree not to use any software, program, application or any other device to access or log on to any Schwab Service, including Schwab's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any Schwab Service, including Schwab's computer systems, Web site or proprietary software.
DISCLOSURE OF POTENTIAL RELATIONSHIPS
Schwab and/or its employees or directors as well as its affiliates, consultants and Third Party Service Providers may have clients with positions in securities or companies referenced in Market Information and may, as principal or agent, buy from or sell to customers. From time to time, Schwab may perform investment banking or other services for, or solicit such services from, companies mentioned in Market Information. From time to time, Schwab or a Third Party Service Provider may be unable to provide Market Information with respect to certain companies with which Schwab or the Third Party Service Provider or their affiliates have certain business relationships.
SECURITY OF DATA TRANSMISSIONS AND STORAGE
Electronic (including wired and wireless) communications through the Schwab Services may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Schwab or between you and other parties.
MONITORING BY SCHWAB
Schwab, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the SOSA, the security of the Schwab Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Schwab or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Schwab Service and the terms of the SOSA. In no event will Schwab or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.
Schwab may make available links from a Schwab Service to other, third party sites or electronic services providers that are not affiliated with Schwab. Schwab does not control these other sites or services, and Schwab makes no representations or endorsements whatsoever concerning those sites or services. The fact that Schwab has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Schwab cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Schwab liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
DISCLAIMERS OF WARRANTIES
ALTHOUGH SCHWAB TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS SCHWAB SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. SCHWAB RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE SCHWAB SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." SCHWAB DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SCHWAB SERVICES. SCHWAB PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. SCHWAB EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE SCHWAB SERVICES. SCHWAB MAY CHANGE INFORMATION CONTAINED IN THE SCHWAB SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE SCHWAB SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SCHWAB SERVICES.
FURTHER, SCHWAB MAKES NO WARRANTIES REGARDING THE SCHWAB SERVICES. SCHWAB AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SCHWAB SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHWAB OR THROUGH OR FROM THE SCHWAB SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD SCHWAB AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SCHWAB OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SCHWAB SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SCHWAB OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A SCHWAB SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY SCHWAB. SCHWAB AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF SCHWAB OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SCHWAB SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SCHWAB SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SCHWAB SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SCHWAB SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD SCHWAB RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE SCHWAB SERVICES.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Schwab and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states.
In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail, then you expressly agree that under no circumstances will the total, aggregate liability of Schwab and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever, exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
RESTRICTIONS ON USE
Except as otherwise permitted by Schwab, no materials from the Schwab Services or any site owned, operated, licensed or controlled by Schwab may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Schwab Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Schwab Services for public or commercial purposes, including any text, images, audio, or video without Schwab's written permission.
TRADEMARKS AND COPYRIGHTS
The Schwab Services are owned by Schwab or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Schwab or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Schwab. Nothing contained in the Schwab Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Schwab Services without the written permission of Schwab or such third party that may own the trademarks displayed on the Schwab Services. Your use of the trademarks displayed on the Schwab Services, or any other content in the Schwab Services, except as provided herein, is strictly prohibited.
Images displayed through the Schwab Services are either the property of, or used with permission by, Schwab. You are prohibited from using or authorizing the use of these images unless specifically permitted under the SOSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Schwab has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.
MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF SCHWAB SERVICES
Schwab reserves the right to modify or discontinue, temporarily or permanently, a Schwab Service (or any part thereof) with or without notice. You agree that Schwab will not be liable to you or to any third party for any modification, suspension or discontinuance of a Schwab Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Schwab Service being canceled. The license granted under the SOSA will terminate if Schwab believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the SOSA and all Rules and Guidelines for each Schwab Service. Upon such violation, you agree to terminate access to the Schwab Services.
The SOSA, and all future agreements you may enter into with Schwab, unless otherwise indicated on such other agreement, will be governed by the law of the state of California, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Schwab in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California. If any part of the SOSA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Click "I agree" for Your Signature
As noted above in the Consent to Electronic Records section, by clicking "I agree" you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreement's terms and conditions.