Full View® Terms of Service
These Terms of Service ("Terms") govern your access to and use of certain personal information retrieval, management and analytic capabilities (the "Service"), owned and maintained by eMoney Advisor, LLC ("eMoney"). The Service (also known as "eMoney Advisor" or "Full View®") is made available to you by Fidelity Brokerage Services LLC ("FBS"), a registered broker-dealer, Fidelity Personal and Workplace Advisors LLC ("FPWA"), a registered investment adviser, or Fidelity Workplace Services LLC ("FWS"), a workplace savings plan recordkeeper, depending on your relationship with Fidelity Investments. FBS, FPWA, FWS, and eMoney, together with their affiliates, shall be referred to herein as "Fidelity" or "Fidelity Investments."
These Terms are a binding agreement between you and Fidelity. By clicking "I Accept" at the time you initially accessed the Service and by continuing to use the Service, you accept and agree to be bound by these Terms. Your use of the Service is governed by the version of the Terms in effect on the date of use. Fidelity may modify these Terms at any time and without prior notice. If you continue to use the Service thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by the modified Terms. You should review the most current version of these Terms by clicking on the Terms of Service hyperlink located at the bottom of each Service screen. These Terms are in addition to any other agreements between you and Fidelity, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through any Fidelity web site.
Privilege to Access and Use the Service
Subject to these Terms, you may access and use those aspects of the Service intended for access and use by Fidelity customers (the "Customer Site" or the "Consumer Site"). You (sometimes referred to as "Consumer" herein or on the Customer Site) shall not (1) access or use any aspect of the Service other than the Customer Site; (2) access or use the Service for any purposes other than personal use; or (3) access or use the Service in any unlawful manner or in violation of these Terms.
You understand, acknowledge and agree that:
- Fidelity has authorized you to access and use the Customer Site. Fidelity may at any time, in its sole discretion, without prior notice, terminate such authorization for any reason, including, for those accessing the Service through Fidelity’s workplace services, at the direction of your employer or plan sponsor. Upon notification that Fidelity has terminated its authorization of your use of the Customer Site, eMoney will immediately terminate your access and use of the Service without notice.
- The Customer Site is not a substitute for, nor should it be considered, an account statement or any other regulatory document. It is important to compare the information on the Customer Site with the statements and other information you receive from Fidelity and the other financial institutions that hold your accounts and other assets and liabilities. The Service may reflect information regarding non-Fidelity accounts, and Fidelity is not able to verify the accuracy of data pertaining to accounts which are not held at Fidelity. eMoney retains the right to establish practices and/or limits in connection with the Service, including but not limited to establishing maximum disk space allotted to your information and documents stored on eMoney's servers.
- Your experience with the Service, including capabilities and depth of information presented on the Customer Site, will differ based on your relationship with Fidelity and your means of access to the Service. For example, users who have executed an advisory agreement with FPWA and use the Service interactively with a Fidelity representative (sometimes referred to herein or on the Customer Site as "Advisor") will have access to capabilities that may not be available to a self-directed user accessing the Customer Site via Fidelity's workplace services. In addition, if you access the Service via your mobile device, your experience will be limited and certain features of the Service may not be available.
- The Customer Site is provided solely as a convenience to you for educational and informational purposes only. You should not rely on this Service as the primary basis for your investment, financial or tax planning decisions.
- The Customer Site is not intended to provide legal, tax, investment or insurance advice. Nothing on the Customer Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or insurance product by Fidelity or any third party.
- Depending on your relationship with Fidelity Investments, one or more financial planning topics may be presented through the Service based on information you have provided as well as certain assumptions. The financial planning results shown are hypothetical and provided for informational purposes only.
- Other than with respect to assets managed on a discretionary basis through an advisory agreement with FPWA, you are responsible for determining whether, and how, to implement any financial planning recommendations presented, including asset allocation suggestions, for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance, and for paying applicable fees. You should consult your legal or tax professional regarding your specific situation.
- You are responsible for obtaining your own hardware, software and services (such as computers, browsers and Internet access service) necessary to access and use the Service and for payment of all fees involved in obtaining such hardware, software and services.
- Fidelity does not guarantee or warrant that any part of the Service is free of viruses or other harmful code. You must take appropriate precautions, such as use of an anti-virus software package, to protect your computer hardware and software.
- You are responsible for safeguarding your Fidelity.com or NetBenefits.com log-in credentials such as user name and password which enable your access to the Consumer Site. You must immediately notify your Fidelity representative if your log-in credentials are compromised. Fidelity has no liability for any loss, claim, or other damages that result from unreported, unauthorized use of your login credentials. You agree to cooperate with Fidelity in any investigation and agree to take corrective measures to protect your accounts from further fraudulent activity. eMoney cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, inaccuracy of data, personalization settings or other service interruptions. Fidelity is not responsible for the timeliness, accuracy, deletion, mis-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Service, account information is gathered from multiple sources as of a variety of dates and times. Such information may be more up-to-date when obtained directly from the relevant financial institution.
- You must provide true, accurate, current and complete information about yourself and your financial accounts as requested in the Service registration and account setup process, and you may not misrepresent your identity or your account information. In order for the Service to function effectively, you must also keep your registration and account information up to date and accurate.
- You acknowledge and agree that all trademarks and service marks displayed on the Customer Site screens belong to eMoney or another Fidelity affiliate, except third party trademarks and service marks, which are the property of their respective owners. Certain data and other content displayed on the Customer Site is supplied by unaffiliated third party data providers under a limited license grant from such third party to Fidelity. Such third party data providers, their partners, suppliers and their respective affiliates ("Third Party Data Providers") expressly disclaim any and all warranties regarding, and any liability, responsibility, or damages with respect to, your access to and use of such content via the Service. You are only permitted to use the content as displayed on this site as expressly authorized by the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you may not reverse engineer or reverse compile any of the technology associated with the Service, or develop any product or service (including any datafile or database) using or based on any component of the Service
Account Aggregation Service (referred to as "Connections")
The Service currently provides an account aggregation function that allows users to view, in a single location on the Customer Site, consolidated financial information from accounts that a user maintains at various financial institutions, including Fidelity, as the user may identify from time to time ("Outside Accounts").
To use the account aggregation function, you understand and agree that:
- You are expressly authorizing Fidelity and its affiliates to electronically transmit to eMoney information that you, as a Fidelity customer, have provided or made accessible to Fidelity, and/or information derived from Fidelity's books and records regarding your Outside Accounts held or recordkept by Fidelity. eMoney is hereby authorized to receive, process, and store such Outside Account information, and to display such Outside Account information through the Service to you and Fidelity.
- You are expressly authorizing eMoney to request and receive electronic transmissions of Outside Account information from financial institutions other than Fidelity at which the Outside Accounts you have identified are maintained ("Third Party Institutions"), or, as an alternative, to access such Third Party Institutions' web sites ("Third Party Sites"), on your behalf as your agent, to retrieve such Outside Account information, to store such Outside Account information, and to display such Outside Account information through the Service to you and Fidelity. For each Outside Account designated for aggregation, you represent and warrant that (1) you are the legal owner of, or have legal authority with respect to, the account; and (2) you have the right to grant eMoney the foregoing authorization. You hereby authorize and permit eMoney to use information submitted by you to the Service (including login credentials such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the Third Party Institutions’ transmittals and the Third Party Sites for which you submit your information. You understand that eMoney may need to engage third party aggregation vendors to accomplish this task, and that these vendors may have access to the account credentials you provide. Notwithstanding anything herein to the contrary, such account credentials will not be shared by eMoney except as provided in the foregoing sentence, and no other Fidelity Investments company will have access to such credentials. For all purposes hereof, you hereby grant eMoney a limited power of attorney, and you hereby appoint eMoney as your true and lawful attorney-in-fact and agent with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to receive transmissions of your Outside Account information from the Third Party Institutions, access Third Party sites to retrieve your Outside Account information, and use and store your Outside Account information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN EMONEY ACCESSES AND RETRIEVES OUTSIDE ACCOUNT INFORMATION FROM THIRD PARTY SITES, EMONEY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE FINANCIAL INSTITUTION THAT MAINTAINS YOUR OUTSIDE ACCOUNT. You agree that the financial institutions shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
- The account aggregation function is not available for all types of accounts and/or for all financial institutions. As such, eMoney's only obligation is to make available to you the ability to aggregate such types of Outside Accounts at such financial institutions as may then be available on the Service in eMoney's sole discretion.
- Financial institutions change their web sites from time to time. As a result, an Outside Account that was available may cease to be available to the Service. eMoney has no control over this situation and has no obligation to restore the availability of the Outside Account on the Customer Site.
- eMoney is not responsible for any acts, errors, or omissions by the financial institutions at which you maintain an Outside Account, or for the accuracy of the information provided by such institutions. Fidelity is not responsible for the acts, errors, or omissions by any other financial institution, or for the accuracy of the information provided by such institutions.
- eMoney may terminate the account aggregation function at any time without notice to you.
The Service currently provides a storage and sharing capability known as the Vault which allows a user to retrieve and view on the Customer Site reports or other communications ("Documents") generated by a Fidelity representative using information accessible to the representative through the Service. The Fidelity representative is responsible for uploading each Document to the Vault.
If the Vault is made available to you in connection with your use of the Service, you understand and agree that:
- You will have "view only" access to Documents in the Vault that your Fidelity representative has added and that any addition, deletion, modification or organization of the Documents in the Vault must be processed through your representative.
- Fidelity is not responsible for any use or dissemination of the Documents by any third parties to whom you grant authorization to view the Documents.
- The Vault function is provided to you as a convenience and may be terminated by eMoney at any time.
In addition to the user roles of "Advisor" and "Consumer," the Service may also provide a user role that allows your other service providers, such as your banker, accountant or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service for your benefit. For example, if available, the Alliance Partner function allows you to direct your Fidelity representative to permit your lawyer access to your information in the Service to assist with estate planning and other needs.
If the Alliance Partner function is made available to you in connection with your use of the Service, you understand and agree that:
- Alliance Partner usage is arranged solely, at your direction, through your Fidelity representative, including the creation and assignment of the Alliance Partner's login credentials.
- Unless and until your Fidelity representative revokes the access privileges of an Alliance Partner, you hereby consent to eMoney allowing such Alliance Partner to access and view any and all of your information stored in the Service.
- Fidelity shall not be liable for any error, act or omission on the part of the Alliance Partner.
- The Alliance Partner function is provided to you as a convenience and may be terminated by eMoney at any time.
Other Terms and Conditions
You may terminate use of the Service at any time by contacting your Fidelity representative. Once you have terminated use of the Service, you will have no further access to the Service or any Documents.
eMoney may modify or discontinue offering the Service at any time, with or without notice, for any reason or no reason.
The Customer Site is intended to be made available only to individuals in the United States, and the information on the Customer Site is only for such persons.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD- PARTY DATA PROVIDERS) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
YOU AGREE THAT NEITHER FIDELITY, YOUR EMPLOYER OR PLAN SPONSOR (IF YOUR RELATIONSHIP WITH FIDELITY ARISES THROUGH FIDELITY'S WORKPLACE SERVICES) NOR ANY THIRD-PARTY DATA PROVIDER WILL BE LIABLE FOR ANY HARMS RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF FIDELITY, YOUR EMPLOYER OR PLAN SPONSOR, OR THIRD PARTY DATA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Fidelity's Third-Party Data Providers are considered third-party beneficiaries of these Terms, are entitled to the rights and benefits hereof and may enforce the provisions pertaining to your use of the Service contained herein, including content available on the Customer Site, as if they were parties hereto.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
As a condition of your use of the Service, you agree to indemnify and hold Fidelity harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Service, or from your violation of these Terms. If your use of the Service arises solely in connection with Fidelity's workplace services, these Terms shall not modify or displace the terms of any applicable plan or your employer's agreement with Fidelity with respect to the Service, except to the extent you are a participant in a Fidelity Investments Section 403(b)(7) Individual Custodial Account.
If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
These Terms and your access to and use of the Service shall be governed by the laws of the Commonwealth of Massachusetts, except with respect to conflicts of laws or as otherwise required by applicable law.