By using the www.SogoTrade.com (SogoTrade) Web site (the "Web site" and the information and services contained within, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Web site. SogoTrade reserves the right, at its discretion, to modify these Terms and Conditions at any time and any such modifications will be effective immediately. You should check these Terms and Conditions periodically for modifications. These Terms are in addition to any other agreements between you and SogoTrade, including any customer or account agreements and any other agreements that govern your use of products, services, content, tools and information available on the Web site. This Web site is for non-commercial, personal use, and display only. If you agree not to remove any copyright or other notices contained therein, you may download information from the Web site to your computer and print out a hard copy for your personal reference.
No Recommendations or Advice Provided
SogoTrade does not make recommendations or offer investment advice of any kind. SogoTrade provides self-directed investors with discount brokerage services. The content of the Web site is for informational, educational and noncommercial purposes only. SogoTrade may provide data, information and content relating to investment approaches and opportunities to buy or sell securities, for informational and illustration purposes. You should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any data, information or content on the Web site before making any decisions based on such data, information or content. In exchange for using such data, information or content, you agree not to hold SogoTrade or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Web site.
Downloading Software and Files
Any software or files downloaded from the Web site ("SogoTrade" is expressly covered under this Terms and Conditions document. Any files, content, intellectual property, or images that are incorporated in or generated by software and data associated with the Website, known collectively as "Files" are licensed to you by SogoTrade solely for your personal, noncommercial use.
Under no circumstances does SogoTrade allow you any rights, expressed or implied, to redistribute, sell, reverse engineer, or in any way reduce the content of the Files, and in no way does SogoTrade transfer the title of these Files to you. The medium on which the Files are stored are owned by you, but SogoTrade and any of SogoTrade´s associated licensors retain all full and complete rights to the Files, including any and all content and intellectual property associated with the Files.
Disclaimer of Liability and Warranties
SogoTrade does not warrant that the Web site or its content or operation will be error free or uninterrupted, or that it will be free of viruses or other harmful components. You use the Web site at your own risk. Without limiting the foregoing, the Web site is provided "as is" and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow exclusion of implied warranties, and the above exclusions may not apply to you. Information herein has been obtained from sources believed to be reliable, but we do not warrant its accuracy. Such information may be incomplete or condensed. The value of the securities or financial instruments mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Prices, opinions and estimates reflect our judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.
You understand and agree that neither SogoTrade nor any of its affiliates, employees, officers, suppliers or agents recommends the use of the System or any System Product or assumes any responsibility for its operation or for the operation of any equipment, including but not limited to computer equipment and peripherals, server equipment, communications equipment and data lines (all such equipment, collectively, the "Equipment". Specifically, but without limiting any of the foregoing, neither SogoTrade nor any of its affiliates, employees, officers, suppliers or agents assumes any responsibility for the availability, timeliness or accuracy of the System, any System Product or any Equipment, regardless of whether or not the Equipment is owned or operated, or was selected or sold, by SogoTrade, is contracted for by SogoTrade or is located on your premises, SogoTrade or elsewhere.
You have independently evaluated the System and have concluded that access to the System confers a significant benefit to you. ACCORDINGLY, YOU ASSUME ALL LIABILITIES AND RISKS ASSOCIATED WITH THE USE OF THE SYSTEM, AND ALL ASSOCIATED EQUIPMENT. Each transmittal of a trade by you through the System will constitute a renewed assumption of such liabilities and risks. You understand and agrees that, in the event of a trading halt (a "Trading Halt" as announced and required by the United States Securities and Exchange Commission, any market, or any other United States or foreign authorized regulatory or self-regulatory organization, or as determined by SogoTrade, SogoTrade shall have no obligation to you to execute pending orders.
You, for yourself and all other parties for which you are responsible or authorized to act, agree that neither SogoTrade nor any of its affiliates, employees, officers, suppliers or agents shall be liable for any loss, damage, cost or expense whatsoever, direct or indirect, regardless of the cause, which may arise out of or be in any way related to the use of the System including but not limited to: (i) any fault in the delivery or operation of the System, or the Equipment, regardless of the cause of such fault; (ii) the suspension or termination of, or the inability to use, all or part of the System or any System Product, or any inaccuracies or omissions in any information or documentation provided, regardless of the cause of such suspensions, termination, non-usability, inaccuracies or omissions; (iii) any faults in or failure of the operation of the System or any System Product; (iv) any failure or delay suffered or allegedly suffered by the Client in concluding trades, however caused; (v) the termination of all or part of this Agreement by Wang Investments as provided in this Agreement; (vi) any Trading Halt; (vii) any inaccurate market data, news information, quotations, or analytical or technical market data; or (viii) any other cause in connection with the furnishing, performance, maintenance, or use of, or inability to use, all or any part of the System or any System Product. The foregoing shall apply regardless of whether a claim arises in contract, tort, negligence, strict liability or otherwise.
ALL SYSTEM SERVICES, ALL ASSOCIATED SOFTWARE, DOCUMENTATION, EQUIPMENT, AND OTHERS ARE PROVIDED "AS IS" SogoTrade MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SYSTEM AND DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. No oral or written information or advice given by SogoTrade or its agents or employees shall create a warranty, and you shall not rely on any such information or advice given by SogoTrade or any such party. There is no assurance that the System will meet your requirements, be error-free, or operate without interruption. In particular, and without limiting the generality of the foregoing, SogoTrade makes no warranty that orders processed through the System will be executed.
In no event will SogoTrade or any of its affiliates, suppliers or agents be liable for any direct, incidental, indirect or consequential damages, including but not limited to loss of use, revenues, profits, or savings, whether such damages or losses are yours or of any third party
SogoTrade does not warrant that the Site or its content or operation will be free of error or uninterrupted, or that it will be free of viruses or other harmful components. SogoTrade disclaims all warranties of any kind with respect to the website and any products or services available on or through the website, whether express or implied, to the full extent permitted under applicable law. SogoTrade does not warrant that the results obtained from the website will be accurate or reliable; that the quality of any products, services, information or other material purchased or obtained from the website will meet your expectations; that any errors on the website will be corrected; that the data and materials presented or displayed on the website are accurate, correct, or reliable. Any and all content or data downloaded or otherwise obtained from the website is done at your own risk and discretion. You will be solely responsible for any and all damage to your computer system or loss of data that results from the use or access of such content. Information herein has been obtained from sources believed to be reliable, but we do not warrant its accuracy. Such information may be incomplete or condensed. The value of the securities or financial instruments mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Prices, opinions and estimates reflect our judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.
In addition to normal market risks, you may experience losses due to system failures. The firm and its clearing broker rely upon sophisticated computer software and hardware to execute transactions, which are subject to failure due to a variety of factors. In addition, NASDAQ and the Alternative Trading Systems have computer systems that often malfunction. Among other events, you may experience losses due to: system crashes during both peak and low volume periods; the loss of orders on both SOES and Select Net; and, delayed, conflicting and inaccurate confirmations on orders or cancellations that you initiate.