Terms of Use

Last Updated: July 2, 2024

These Terms of Use (the “Terms”) govern your use of Fidelity websites, such as www.Fidelity.com and www.NetBenefits.com (the “Fidelity websites”). By continuing to access or use the Fidelity websites, you agree to be bound by these Terms. Fidelity may update these Terms at any time. You are encouraged to review the Terms carefully prior to using the Fidelity websites and each time you return as they are subject to change.

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Table of Contents

  1. Scope
  2. Information for Non-U.S. Users
  3. Limitations Regarding Information Presented
  4. Virtual Assistant
  5. Customer Experience (CX) Surveys
  6. Live Chat
  7. Privacy of Information
  8. Copyright and DMCA Copyright Agent Information
  9. Linking to The Fidelity Websites & Links from The Fidelity Websites
  10. Trademarks
  11. Third Party Content
  12. Timeliness of Content
  13. Accuracy of Content
  14. Prohibited Uses and Termination of Access
  15. Password Security and Notification
  16. Security of Electronic Communications
  17. DISCLAIMER OF WARRANTIES
  18. LIMITATION OF LIABILITY
  19. Indemnification
  20. Predispute Arbitration Clause
  21. Modification of These Terms
  22. Governing law
  23. Severability
  24. Contact Us

  1. Scope

    • The Fidelity websites are operated on behalf of various entities under FMR LLC that offer products and services to the public, such as Fidelity Brokerage Services LLC, a registered broker-dealer, Fidelity Personal and Workplace Advisors LLC, a registered investment adviser, Fidelity Workplace Services LLC, a workplace savings plan recordkeeper, Fidelity Digital Asset Services, LLC, a New York State-chartered, limited liability trust company (NMLS ID 1773897), and Fidelity Stock Transfer Solutions LLC, a registered transfer agent, or any of their affiliates (together with FMR LLC, “Fidelity” or “Fidelity Investments”).
    • These Terms contain a Predispute Arbitration Clause that requires that you and Fidelity agree to pursue any disputes in individual arbitration and that each of us waives the right to sue in court, including in a class action or representative proceeding. Please see Section 20, titled “Predispute Arbitration Clause,” for more information.
    • If you are a customer of Fidelity Investments, or if Fidelity Workplace Services LLC provides employee-benefit-related services to your employer or plan sponsor, your relationship with Fidelity is also governed by your account agreements and related documentation. If there is any conflict between these Terms and your account agreements, then your account agreements will govern. Additional information regarding Fidelity Investments’ products, services and potential conflicts of interest can be reviewed by clicking the “Disclosures” link on the bottom of the Fidelity websites.
    • Certain sections of the Fidelity websites may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages. You may be asked to execute supplemental agreements before you are permitted to access or use certain features or functionality within the Fidelity websites (each, a “Supplemental Agreement”). In the case of Supplemental Agreements presented to you online, you authorize Fidelity to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such Supplemental Agreements. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.

  2. Information for Non-U.S. Users

    • The Fidelity websites are for information and use by U.S. persons. Nothing on the Fidelity websites shall be considered a solicitation to buy or an offer to sell a security, digital asset, or any other product or service, to any person who is not a U.S. person or is in any jurisdiction where such offer, solicitation, purchase, sale, or other product or service would be unlawful under the laws of such jurisdiction.
    • Each time you access the Fidelity websites for any purpose, you shall be deemed to represent, warrant and covenant to Fidelity that you are not (a) located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions, or (b) on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.
    • If you are a non-US person, you should visit Fidelity International at www.fidelityinternational.com where you will be directed to appropriate overseas websites of affiliated and non-affiliated non-U.S. entities who offer products and services designed specifically for overseas investors.
    • Investment professionals interested in information about certain Fidelity Funds SICAV and the Fidelity Institutional Liquidity Fund plc, which are sold to eligible investors outside the United States, should go to https://offshore.fidelity.com.

  3. Limitations Regarding Information Presented

    • The Fidelity websites are not intended to provide legal, tax, or insurance advice. In general, the information contained in the Fidelity websites has been prepared without reference to any particular user’s personal situation.
    • Pricing and other information generated through the use of data or services made available via the Fidelity websites may not reflect actual prices or values that would be available in the market at the time provided or at the time that you may want to purchase or sell a particular security or other investment, including a digital asset. In addition, credit ratings are statements of opinions and are not statements of fact. Any reference to a particular investment or security, a rating or any observation concerning an investment that is part of this information is not a recommendation to buy, sell or hold such investment or security or other asset, does not address the suitability of an investment or security or other asset for any particular investor, and should not be relied on as investment advice.
    • Before investing, you should consider whether any investment, investment strategy, security, other asset, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You are also encouraged to consult your legal, tax, or insurance professional regarding your specific situation.

  4. Virtual Assistant

    • On certain pages of the Fidelity websites, you may engage with Fidelity’s Virtual Assistant.
    • Our Virtual Assistant uses advanced technology and artificial intelligence to help with frequently asked questions and to enhance your digital experience. It is designed to be both anticipatory and responsive based on your search terms, information you enter in reply to the Virtual Assistant’s questions, and your account and other information on file with Fidelity. Your interactions with our Virtual Assistant may be recorded and shared with our service providers that provide technology and services used in our Virtual Assistant or are used for other business purposes.
    • The Virtual Assistant is not designed to recommend the purchase or sale of specific securities or digital assets. While it may offer educational information, it doesn’t have the capability to discern what investment choices would be suitable for your personal situation.
    • Do not attempt to place trade orders through the Virtual Assistant; it can provide you with guidance as to how to place a trade at Fidelity, but the Virtual Assistant cannot execute trades on your behalf.
    • Any personal, account, or other information you provide to the Virtual Assistant, as well as all search information entered, may be retained, accessible to Fidelity personnel, and used and shared consistent with Fidelity’s Privacy Policy. Notwithstanding, you should not provide the Virtual Assistant with credit or debit card information or protected health information. 
    • Responses from the Virtual Assistant are general in nature and should not be considered investment, legal, or tax advice. Consult an investment professional, attorney, or tax professional regarding your specific situation.

  5. Customer Experience (CX) Surveys

    • On certain pages of the Fidelity websites, you may engage with Fidelity’s customer experience feedback surveys.
    • Legal Disclaimer: Responses to this survey will be collected by Qualtrics, a third party company Fidelity has hired to develop, collect and analyze the results.
    • Your feedback is confidential.
    • Neither Fidelity nor Qualtrics will individually respond to any feedback you provide in this survey unless required to do so by applicable law, nor will they use your feedback for individual marketing efforts.
    • Please do not include any personally identifiable information related to an account in your responses.
    • If you have questions or comments that you would like Fidelity to follow-up with you on, please contact Fidelity directly through your normal contact channel.

  6. Live Chat

    • On certain pages of the Fidelity websites, you may engage with representatives of Fidelity through a live chat feature. All of the chat interactions may be recorded, are subject to recordkeeping and monitoring, and may be shared with our service providers that provide technology and services used in our chat feature or are used for other business purposes.

  7. Privacy of Information

    • While using the Fidelity websites, you may be asked to provide certain information to us, such as categories of products and services in which you are interested, account information, or contact or other personal information, in order to use certain capabilities and/or to subscribe to Fidelity products or services.
    • All such information, as well as all other information collected when you use the Fidelity websites, may be accessible to Fidelity personnel, is subject to possible retention, and may be used and shared consistent with Fidelity's Privacy Policy, which can be accessed at any time by clicking on the “Privacy” link that is in the footer of each page of the Fidelity websites.
    • In addition, your use of the Fidelity websites may be monitored and recorded by us and/or our service providers for our business purposes.

  8. Copyright and DMCA Copyright Agent Information

    • The Fidelity websites, including the content presented on the Fidelity websites, is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Fidelity websites, including any text, graphics, video, audio, software code, user interface design or logos, without our express permission.
    • If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fidelity with the following information:
      • 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 Fidelity websites.
      • 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.
      • Your physical or electronic signature as the owner, or a person authorized to act on behalf of the owner, of the copyright allegedly infringed.
      • Fidelity's Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Fidelity Investments, ATTN: Tanya Courcey, Legal Department, 245 Summer Street, Boston, MA 02210 - By phone: (617) 563-9840 - By email: CopyrightClaim@fmr.com

  9. Linking to The Fidelity Websites & Links from The Fidelity Websites

    • Unless you and Fidelity have agreed otherwise in writing, links from another website to the Fidelity websites must resolve to the top-level homepage of www.fidelity.com or www.NetBenefits.com. In order to avoid confusion, any link from a third-party website to the top-level homepage of www.fidelity.com or www.NetBenefits.com, must identify that Fidelity does not endorse, sponsor nor is affiliated with the third-party website, entity, service or product, and may not make use of any Fidelity trademarks or service marks other than those contained within the text of the link.
    • Fidelity is not responsible or liable for any content, advertising, product, or other materials on or available from third party sites, even if linked from, or otherwise referenced on, the Fidelity websites. Any such link or reference does not constitute an endorsement or recommendation with respect to such products or sites.

  10. Trademarks

    • All trademarks and service marks on the Fidelity websites belong to FMR LLC or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners as discussed below.

  11. Third Party Content

    • The Fidelity websites includes general news and information, commentary, interactive tools, quotes, research reports, data and other material, including ratings, concerning the financial markets, securities, digital assets, and other subjects. Some of this content is supplied by companies that are not affiliated with any Fidelity entity (“Third Party Content”). The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the providers, their affiliates or their suppliers of such Third Party Content (“Third Party Content Providers”). You acknowledge and agree that the Third Party Content is and shall remain valuable intellectual property owned by the Third Party Content Providers, and that no proprietary rights are being transferred to you with respect to such content. Reproduction of any Third Party Content in any form is prohibited except with the prior written permission of the Third Party Content Provider credited. Any use by you of such Third Party Content beyond the scope of the services provided to you by Fidelity generally requires a license from the Third Party Content Provider, along with an associated fee based on usage.
    • Neither Fidelity nor any Third Party Content Provider guarantees the accuracy, timeliness, completeness, usefulness, or availability of Third Party Content, nor is Fidelity or any Third Party Content Provider responsible for any errors or omissions in Third Party Content (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Third Party Content. In no event shall Fidelity or any Third Party Content Provider be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of Third Party Content. A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the Third Party Content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security for any particular investor, and should not be relied on as investment advice. Credit ratings are statements of opinions and are not statements of fact.
    • You accept and assume all risks of using any Third Party Content. The inclusion of any Third Party Content on the Fidelity websites does not constitute an endorsement or recommendation from Fidelity of such Third Party Content or the Third Party Content Provider.
    • Third Party Content shall not be distributed or redistributed in any manner by you or your agents. To the extent Fidelity provides Third Party Content to you or an agent, including a third party service provider you have designated for receipt of such Third Party Content, your receipt and use and that of your agent is subject to certain restrictions and terms and conditions pursuant to these Terms and as required by the Third Party Content Providers. Pursuant to these Terms, and as required by the Third Party Content Providers, you understand and acknowledge that you and your agents, inclusive of any third party service providers, are prohibited from distributing, redistributing, exporting to, downloading, providing access to, directly or indirectly, or otherwise transferring Third Party Content received from Fidelity to any party, including but not limited to, any other service provider or vendor. You shall be liable and responsible to Fidelity for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of Third Party Content by you or your agent in violation of these Terms, or any other obligations that are made to Fidelity by you.
    • Fidelity, in its sole discretion, reserves the right to immediately, without notice, suspend or terminate your or your agents’, including your third party service providers’, access to, or your or your agents’ right to use, the Third Party Content and that upon termination or suspension of such access or use or upon the termination of your relationship, you shall cease and shall cause all of your agents to cease all use of and delete or purge any and all of the Third Party Content. Fidelity will not be liable to you for any modification or discontinuance of such access to the Third Party Content whether as a result of Fidelity’s suspension or termination of the Third Party Content, your relationship with Fidelity or for any other reason.
    • You agree that the foregoing terms and conditions shall survive any termination of your or your agents’ or third party service providers’ right of access to the Third Party Content. 
    • “CUSIP” identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standard & Poor’s Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, © 2021 American Bankers Association. “CUSIP” is a registered trademark of the American Bankers Association.
    • Moody’s Investors Service, Inc. (“Moody’s”) ratings are proprietary to Moody’s or its affiliates and are protected by copyright and other intellectual property laws. Ratings are licensed to Fidelity by Moody’s. RATINGS MAY NOT BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY’S PRIOR WRITTEN CONSENT. “Moody’s® is a registered trademark. Moody’s© Copyright 2022.
    • No S&P ratings, credit-related analyses and data, valuations, or output therefrom or any part thereof may be modified, reverse engineered, reproduced, or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor’s Financial Services LLC or its affiliates (collectively, S&P). Copyright 2022, S&P Global Market Intelligence.

  12. Timeliness of Content

    • All content on the Fidelity websites is presented only as of the date and time published or indicated and may be superseded by subsequent market events or for other reasons. Users are cautioned not to place undue reliance on any forward-looking statements (indicated by language such as “believe”, “anticipate”, “expect” or similar words) which were based on information available at the time they were made. Fidelity undertakes no obligation to update publicly or revise any dated, forward-looking, or other statements.

  13. Accuracy of Content

    • ALTHOUGH FIDELITY TRIES TO INCLUDE ACCURATE AND TIMELY INFORMATION ON THE FIDELITY WEBSITES, THERE MAY BE INADVERTENT INACCURACIES AND ERRORS, AND NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE FIDELITY WEBSITES OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER FIDELITY OR THIRD PARTY CONTENT ON THE FIDELITY WEBSITES.
    • FIDELITY MAY CHANGE THE FIDELITY WEBSITES AND ANY CONTENT THEREON AT ANY TIME WITHOUT NOTICE, BUT FIDELITY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER.

  14. Prohibited Uses and Termination of Access

    • You may use the Fidelity websites only as permitted by law.
    • You may use the Fidelity websites only for personal, non-commercial purposes.
    • You may not do any of the following: (a) use the Fidelity websites in any manner that could damage or overburden any Fidelity server, or any network connected to any Fidelity server; (b) use the Fidelity websites in any manner that would interfere with any other party’s use of the Fidelity websites; or (c) introduce or permit any person to introduce into the Fidelity websites any code or malicious or hidden mechanisms that would impair the operation of the Fidelity websites, or of Fidelity’s computers, networks, or other devices or software.
    • You may not access the Fidelity websites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Fidelity.
    • You may not use any feature or services made available by the Fidelity websites to interact with any Fidelity computer, network or service other than for the purposes and in the manner for which the feature or service is made available to, and is intended to be used by, users of the Fidelity websites.
    • Certain parts of the Fidelity websites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Fidelity websites, or to any other protected materials or information, through any means not intentionally made available by Fidelity for your specific use.
    • No content made available on the Fidelity websites may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Fidelity.
    • Use or disclosure of any content or materials from the Fidelity websites, including Third Party Content, in any manner inconsistent with these Terms or any other obligations that are made to Fidelity by you, may result in immediate and irreparable harm to Fidelity and/or the Third Party Content Providers, and any remedies at law in such event may not be adequate. Accordingly, in addition to all other remedies available at law or in equity, Fidelity and its Third Party Content Providers shall have the right to seek equitable and injunctive relief, without the necessity of proving actual damages and without posting a bond, to prevent such unauthorized, negligent, or inadvertent use or disclosure, and to recover the amount of all such damages (including attorneys’ fees and expenses) incurred in connection with such use or disclosure. Additionally, Fidelity is not waiving or purporting to waive any rights that the Third Party Content Providers may have to pursue any and all claims against you or your agents in connection with the unauthorized use or disclosure of Third Party Content.
    • Fidelity may terminate or suspend your access to the Fidelity websites for any violation of the provisions of these Terms or for any reason whatsoever at its sole discretion and without prior notice.

  15. Password Security and Notification

    • If you have a password for access to non-public areas of the Fidelity websites, you are solely responsible for maintaining the confidentiality of any username, password, and other security data, methods, and devices. Further, you are responsible for all activities that occur in connection with your access credentials or password, including all instructions electronically transmitted to Fidelity via the Fidelity websites and all use of any data, information or services obtained using your access credentials or password and other security data. Fidelity shall not be under any duty to inquire as to the authority or propriety of any instructions given to Fidelity by you or by a person who has logged on using your access credentials or password, shall be entitled to act upon any such instructions, and will not be liable for any loss, cost, expense, or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your access credentials or password.
    • Do not share your access credentials or passwords for the Fidelity websites, or any accounts held outside of Fidelity aggregated through the Fidelity websites, with any other persons. Doing so may void Fidelity’s Customer Protection Guarantee (available here and here) and may also void account protections at any other firm where the accounts reside. Learn more about granting authorized access to your Fidelity retail brokerage accounts here.
    • As an authorized user of non-public areas of the Fidelity websites, you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Fidelity. Notify Fidelity immediately if you become aware of any unauthorized activity, disclosure, loss, theft, or unauthorized use of your password. You agree to cooperate with Fidelity in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.

  16. Security of Electronic Communications

    • Electronic (including wired and wireless) communications to or from Fidelity may not be encrypted. You acknowledge that there is no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and Fidelity or between you and other parties.

  17. DISCLAIMER OF WARRANTIES

    • NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FIDELITY WEBSITES OR THE CONTENT PRESENTED ON THE FIDELITY WEBSITES, INCLUSIVE OF ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FIDELITY WEBSITES AND ALL CONTENT IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE”.
    • FIDELITY DOES NOT WARRANT THAT THE FIDELITY WEBSITES WILL BE UNINTERRUPTED, OR SECURE. IF YOU DOWNLOAD ANY MATERIALS FROM THE FIDELITY WEBSITES, YOU DO SO AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS.
    • EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROVIDED, NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE FIDELITY WEBSITES OR THE CONTENT PRESENTED ON THE FIDELITY WEBSITES, INCLUDING THIRD PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THE FIDELITY WEBSITES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FIDELITY WEBSITES WILL MEET YOUR NEEDS OR EXPECTATIONS.
    • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.

  18. LIMITATION OF LIABILITY

    • NEITHER FIDELITY NOR ANY THIRD PARTY CONTENT PROVIDER WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. FIDELITY AND ITS THRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS, TRADING LOSSES, AND/OR ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THE FIDELITY WEBSITES AND MATERIALS ON THE FIDELITY WEBSITES (WHETHER PROVIDED BY FIDELITY OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF FIDELITY AND/OR ITS THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    • FIDELITY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
    • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS ARE DETERMINED BY A COURT OR ARBITRATION PANEL TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF FIDELITY AND ALL THIRD PARTY CONTENT PROVIDERS FOR ANY CAUSE WHATSOEVER RELATING TO THIS AGREEMENT, THE FIDELITY WEBSITES, OR ANY FIDELITY OR THIRD PARTY CONTENT ON THE FIDELITY WEBSITES, EXCEED $100.

  19. Indemnification

    • As a condition of your use of the Fidelity websites, you agree to indemnify and hold Fidelity and its Third Party Content Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your misuse of the Fidelity websites or any Fidelity or Third Party Content on the Fidelity websites, or from your violation of these Terms.

  20. Predispute Arbitration Clause

    • These Terms are subject to a predispute arbitration clause. Under this clause, you and Fidelity agree as follows:
      • All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
      • Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.
      • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
      • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
      • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
      • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. 
      • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
    • All controversies that may arise between you and Fidelity concerning any subject matter, issue or circumstance whatsoever (including, but not limited to controversies concerning any account, order distribution, rollover, advice interaction, or transaction, or the continuation, performance, interpretation or breach of this or any other agreement between you and Fidelity, whether entered into or arising before, on or after the date of these Terms) shall be determined by arbitration through the Financial Industry Regulatory Authority (FINRA) or any United States securities self-regulatory organization or United States securities exchange of which the person, entity, or entities against whom the claim is made is a member, as you may designate.
    • If you commence arbitration through a United States self-regulatory organization or United States securities exchange and the rules of that organization or exchange fail to be applied for any reason, then you shall commence arbitration with any other United States securities self-regulatory organization or United States securities exchange of which the person, entity, or entities against whom the claim is made is a member. If you do not notify Fidelity in writing of your designation within five (5) days after such failure or after you receive from Fidelity a written demand for arbitration, then you authorize Fidelity to make such designation on your behalf. The commencement of arbitration through a particular self-regulatory organization or securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
    • No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
    • This predispute arbitration agreement survives the termination of the relationship between you and Fidelity, cancellation or end of any particular account or program, and any opt-out by you with respect to Fidelity communications, products, or services.

  21. Modification of These Terms

    • Fidelity Investments may modify these Terms at any time without notice to you, except where required by law. When we make changes to these Terms, we will change the “Last Updated” date specified at the beginning of these Terms. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of the Fidelity websites. Use of the Fidelity websites shall constitute acceptance by you of the Terms in effect as of such time.

  22. Governing law

    • These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Fidelity’s successors and assigns, whether by merger, consolidation, or otherwise.

  23. Severability

    • If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

  24. Contact Us

    • For questions about these Terms, your account, or other concerns or inquiries, please contact us. Contact information is available at www.fidelity.com/customer-service/contact-us or by clicking the customer service link or icon at the top of the screen after logging into your account on the Fidelity websites.