Terms & Conditions
General Terms & Conditions
Please note that the value of investments and the income derived from them may fluctuate and an investor may not receive back the amount originally invested. Past performance is not necessarily an indication of future returns. Exchange rates may also affect performance. The investments and investment services referred to in this document may not be suitable for all investors. Please carefully review the information provided on this website, consider investment objectives, risks, charges and expenses AND/OR consult a qualified professional investment advisor before investing. Should you require additional information, contact Lowes Wealth Management (LWM).
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE - Generally, the LWM website (the LWM Site) is not intended to provide tax, legal, insurance or investment advice, and nothing on the LWM Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by LWM or any third party. However, certain tools available on the LWM Site may be deemed to provide general investment advice within the meaning of the securities laws based upon your personalized input. Unless otherwise specified, you alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
Persons interested in acquiring any investment or availing themselves of the any of the services mentioned on this web site should first consult an attorney or tax professional regarding (i) the legal requirements within the countries of their nationality, residence or domicile; (ii) any foreign exchange requirement which they may encounter; and (iii) the income tax and other tax consequences which might be relevant to the acquisition, holding or disposal of any investment.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS - The LWM Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the LWM Site, including any text, graphics, video, audio, software code, user interface design or logos. Unless you and LWM have agreed otherwise, links from another web site to a LWM Site must resolve to the top-level homepage of a LWM domain (e.g., www.loweswealth.com). In order to avoid confusion if you do link from another web site to a LWM top-level homepage, your web site, and the link itself, may not suggest that LWM endorses, sponsors or is affiliated with any non-LWM web site, entity, service or product, and may not make use of any LWM trademarks or service marks other than those contained within the text of the link. All trademarks and service marks on the LWM Site belong to the LWM Management Consulting Company Incorporated, BVI. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LWM with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
- An identification of the allegedly infringing material, and a description of where that material is located on the LWM Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
LWM’s Agent for Notice of claims of copyright infringement can be reached as follows:
Charles Horton
Senior Analyst & General Counsel
Lowes Wealth Management
Consulting Company Incorporated, BVI
By mail:
A-407 Tian Shui Yuan Centre
2 Tian Shui Yuan Dong Jie
Chao Yang District, Beijing
100026
By e-mail:
charles.horton@loweswealth.com
Lowes Wealth Agreement for Guests – Website Use
Note: Paragraphs “2)” and “5(d)” do not apply to Guests (as defined below).
This Access Agreement is between Lowes Wealth Management Consulting Company Incorporated, BVI ("LWM ") and the following categories of persons ("you" or "your") and relates to certain electronic services and information ("Services") to which you will have electronic access depending upon your user category through Lowes Wealth's World Wide Web site on the Internet ("Site"):
If you are a LWM client, this Agreement is in addition to, and does not nullify, any other agreement between you and LWM governing the conduct of your relationship with LWM. However, in the event that you subsequently enter into any agreement with LWM, that subsequent agreement shall be deemed to be controlling with respect to all matters on which that agreement and the within Agreement conflict.
You acknowledge that the Site is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security which may be referenced in the Site. Offers can only be made where lawful under applicable law. If you wish to learn more about information contained on the Site, you may contact an authorized LWM representative.
By using this site you affirm that you have read and understood completely the General Terms & Conditions applicable to this Site, and that you agree to be bound by all the terms of this Agreement.
1) SERVICES PROVIDED
LWM, through this Site, shall provide you with electronic access, through your computer or other electronic device (collectively "Computer"), to the Services, including but not limited to the provision of information ("Information") through the Site by means of an unaffiliated Internet service provider (the "Provider") and the ability to communicate electronically with LWM ("E-mail"), as enumerated above depending upon which category of User you are. LWM may cancel or change the Services or registration instructions at any time upon printed or electronic notice. Your continued use of the Services following the posting or notice of any changes will constitute your acceptance of such changes. You agree not to attempt to connect to the Site, to use the Services or to view any of the Information if you do not agree to the terms of this Agreement.
2) ELECTRONIC RECORDING
In connection with your use of the Services, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and LWM or its representatives or agents. You acknowledge and consent to the recording, retention and use by LWM (and its employees, representatives and agents) of all information and data that you input during your use of the Services, including without limitation, all selections and uses of calculators and other tools included therein.
3) ELECTRONIC COMMUNICATION
a) The Services permit you to communicate electronically by sending an E-mail message to LWM. You agree not to use E-mail for the transmission of orders to purchase or sell a security or to transfer funds, or to transmit any personal credit information (including credit card numbers), to give notice of a change of address, or to give LWM any time-sensitive instructions. In addition, if you are a LWM client, you agree not to use E-mail to give LWM any instruction affecting your account(s) or any linked accounts, including, but not limited to, placing orders to purchase or sell a security or to transfer funds. LWM shall not be liable for any actions taken or any omissions to act as a result of any E-mail message you send to LWM.
4) PROPERTY RIGHTS IN INFORMATION AND SERVICES; SUITABILITY AND COMPLIANCE WITH LAW
a) The Services and any Information provided through the Services are being provided by LWM only for your personal, non-commercial use and display. You may download the Information to the Computer and print out a hard copy for your personal reference, provided that you agree not to remove any copyright or other notices contained therein.
b) The Services and the Information are the property of LWM or its licensors and are protected by applicable copyright, patent, trademark or other intellectual property law. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Information or any of the Services provided in any manner (including electronic, print or other media now known or hereafter developed) without the written consent of LWM. You also agree not to use the Information or Services for any unlawful purpose, and you shall comply with any request of LWM or any of the third party providers to protect their respective rights in the Information and Services.
c) Although the Information includes material about the investment process generally, as well as research commentary relating to specific securities, LWM is not providing investment advice through the Site and does not represent that any such securities are suitable for you. In addition, you agree to make your own independent evaluation of the investment merits and suitability for you of any such securities. Such Information shall not be deemed to be a solicitation of a transaction by LWM or any third party provider. The Information contained on the Site reflects the authors' analysis as of the published date. The accuracy, completeness or timeliness of such Information cannot be guaranteed and is subject to change. Further, the price for any security contained in any section of the Site may differ from the price for that security contained on any other section of the Site. Neither LWM nor any third party provider is under an obligation to update the Information to reflect circumstances that may occur after the earlier of the date first appearing on the Site or the date contained on the Information. You also acknowledge that neither the Services nor any of the Information will be used by you as tax or legal advice.
d) With respect to an LWM client, unless otherwise specified, any Information provided through the Services shall not be deemed to supersede or replace monthly, quarterly, or annual statements of money or securities positions that may be transmitted by LWM to you.
e) In the event you use the Services or the links included on the Site to gain access to a World Wide Web site or Internet location or source of information of any company, organization or person other than LWM, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of LWM and agree that LWM shall not be responsible for any information or other links found at any such World Wide Web site or Internet location or source of information, or for your use of such information. LWM provides such links only as a convenience to you, and has not tested any software or verified any information found at such sites. The fact that LWM has provided a link to another site does not signify an endorsement of the site or its contents by LWM. There are inherent risks in the use of any software or information found on the Internet, and you acknowledge that you understand these risks before making any use of the Services.
f) Transmission or use of any material in violation of this Agreement, or any applicable law, rule or regulation (whether of the United Kingdom or other countries), or the rights of any third party is prohibited. This includes, but is not limited to, copyrighted material, material which is defamatory, threatening, obscene, lewd and indecent, material protected by trademark, trade secret, or patent laws, or material that results in an invasion of privacy.
5) WARRANTIES AND LIMITATION OF LIABILITY REGARDING THE SERVICES
a) THE ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS OF THE INFORMATION CANNOT BE GUARANTEED. LWM AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES YOU MAY INCUR FOR ANY RELIANCE BY YOU ON INFORMATION OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS, SEQUENCE OR TIMELINESS THEREOF, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES, OR FOR ANY UNAUTHORIZED USE BY YOU OF E-MAIL.
b) YOU UNDERSTAND THAT ANY QUOTATIONS PROVIDED AS PART OF THE SERVICES MAY BE DELAYED AND MAY NOT REFLECT THE PRICES AT WHICH THE QUOTED SECURITIES MAY BE BOUGHT OR SOLD. YOU SHOULD NOT MAKE ANY DECISIONS TO BUY OR SELL SECURITIES BASED ON SUCH QUOTATIONS OR ON ANY OTHER INFORMATION ACCESSED ON OR THROUGH THE SITE. YOU UNDERSTAND THAT LWM DOES NOT GUARANTEE THAT IT WILL CONTINUE TO MAKE THE INFORMATION AND SERVICES AVAILABLE TO YOU, WHETHER BY THE SAME METHODS CURRENTLY USED OR OTHERWISE. YOU AGREE NOT TO HOLD LWM LIABLE FOR ANY DAMAGES ARISING FROM A DISCONTINUATION OR MODIFICATION OF ALL OR PART OF THE SERVICES OR INFORMATION.
c) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LWM AND ITS AFFILIATES, AGENTS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ERROR-FREE AND UNINTERRUPTED SERVICES. LWM DOES NOT WARRANTY, GUARANTY, OR MAKE ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU REGARDING (i) THE USE OR THE RESULTS OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY FINANCIAL RESULTS BASED ON USE OF THE SERVICES OR INFORMATION OR ANY DELAY OR LOSS OF USE OF THE SERVICES, OR (ii) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE, SERVICES, AND INFORMATION.
d) With respect to an LWM client registered on the Site, unless otherwise specified, any Information provided through the Services shall not be deemed to supersede or replace monthly, quarterly, or annual statements of money or securities positions that may be transmitted by LWM to you.
d) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, LWM SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SERVICES OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
e) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, LWM MAKES NO REPRESENTATION AND ASSUMES NO LIABILITY REGARDING THE QUALITY, SAFETY, ACCURACY, OR SUITABILITY OF ANY INFORMATION OR SOFTWARE FOUND ON ANY OTHER SITE NOT UNDER LWM'S CONTROL.
d) IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, LWM SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE SERVICES OR INFORMATION, OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SERVICES OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
f) LWM AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND INFORMATION. EXCEPT AS OTHERWISE PROVIDED BY LAW, LWM SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF THE PROVIDER OR ANY THIRD PARTY PROVIDER, AND TO THE EXTENT PERMITTED BY LAW, NEITHER LWM NOR THE PROVIDER OR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE), OR FOR ANY LOSS THAT RESULTS FROM A CAUSE OVER WHICH LWM OR ANY OTHER SUCH ENTITY DOES NOT HAVE CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, UNAUTHORIZED ACCESS, STRIKES, FAILURES OF COMMON CARRIER OR UTILITY SYSTEMS, SEVERE WEATHER, OR OTHER CAUSES COMMONLY KNOWN AS "ACTS OF GOD".
6) YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that you are of the age of majority.
7) CONFIDENTIALITY
LWM shall use reasonable precautions to maintain the confidentiality of the information you have provided to LWM and information you have created, input or developed in connection with your use of the Services, but because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that such information, any Information provided to you through the Services, or any communication through E-mail will remain secure. In addition, LWM may disclose such information to its employees, representatives, officers, agents, and affiliates, as well as a governmental entity, the Provider or any other third party agent or service provider (a) for any purpose related to the conduct of LWM's business or to the offering, providing or maintaining of the Services, (b) to comply with applicable rules, orders, subpoenas or other legal process, or in order to give information to any government agency or official requesting such information, or (c) for any other legitimate business purpose.
8) GOVERNING LAW
Except for statutes of limitation applicable to claims, this Agreement and all the terms herein shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to principles of conflicts of law.
9) TERMINATION
Either you or LWM may terminate this Agreement and your access to the Services at any time. LWM may discontinue or change the Information or the Services, or their availability to you, at any time. Any violation or breach by you of any of the terms of this Agreement will be cause for LWM to terminate your access to the Services without notice. Paragraphs 6, 8, and 13 shall survive termination of this Agreement.
10) ASSIGNMENT
Resale and/or any commercial redistribution of the Services or Information, is not permitted. This Agreement and your rights and obligations hereunder may not be assigned by you without the written permission of LWM and shall inure to the benefit of LWM's successors and assigns whether by merger, consolidation or otherwise. LWM may assign this Agreement or any of its rights or obligations under this Agreement to a company affiliated with, or a successor to or assignee of, LWM, or to any other third party.
11) MISCELLANEOUS
a) This Agreement represents the complete and exclusive statement of the agreement and understanding between you and LWM regarding your rights to access and use the Services and Information on the Site, and supersedes all prior and contemporaneous agreements and representations regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of this Agreement shall be effective against LWM unless the same is in writing and signed by an authorized official of LWM. LWM may modify these terms and conditions at any time upon written notice or posting to the Site. You agree that if you use the Services after such notification of changes in the Agreement, you will be bound by all such changes. At the time of such modification, you will have the opportunity to reject such modification, which rejection shall constitute a termination of this Agreement and of your rights to access and use the Site, Services and Information. Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions shall continue in full force and effect.
b) LWM’s failure to insist at any time upon strict compliance with any term of this Agreement, or any delay or failure on LWM’s part to exercise any power or right given to LWM in this Agreement, or a continued course of such conduct on LWM’s part shall at no time operate as a waiver of any power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to LWM in this Agreement are cumulative and not exclusive of any other rights or remedies which LWM otherwise has at law or equity.
12) INDEMNIFICATION
You hereby indemnify and hold harmless LWM (and its directors, officers, employees, control persons, vendors, licensors and agents), the Provider and any third party provider from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney's fees and costs) arising out of or related to your breach of your agreements, representations and warranties contained in this Agreement or your use of the Services or Information (i) in violation of this Agreement, (ii) in violation of any rights of LWM, the Provider and any third party Information provider, including copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, or (iii) in violation of any applicable law, rule or regulation, or (iv) your failure to maintain the security of your User Codes as applicable in accordance with this Agreement. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
By using this website or accessing any services or content made available through it, you acknowledge that you have read and understood the foregoing Agreement and agree to be bound by all of the terms and conditions set forth herein.