1. Acceptance of terms
- Description of the Service. The Service is an information retrieval and management service that allows users to consolidate and manage (i) their account information record kept at Fidelity ("Fidelity Account Information") and/or (ii) their account information accessible via third party account providers' web sites ("Account Information from Third Party Sites").Yodlee Inc. ("Yodlee"), an unaffiliated service provider to Fidelity, supports access to users' data from such third party account providers' web sites ("Third Party Sites"). With the Service, at your direction, Fidelity or Yodlee obtains your Account Information from Third Party Sites and makes it available to view along with your Fidelity Account Information on the Fidelity web sites and through a variety of web-based guidance tools that Fidelity may make available via its web sites. The Service is provided as a convenience and should not be considered a substitute or replacement for account statements or other documentation provided by Fidelity or third party account providers. Please consult your official account statements for information regarding your account balances, positions and transactions.
The information and content provided via the Service is for informational purposes only, and you should not rely on the Service as the primary basis for your investment, tax or financial planning decisions. The Service is not intended to provide legal, tax, investment or insurance advice. The information and content provided via the Service should not be construed as an offer to sell, a solicitation to buy or a recommendation of any security or other investment by Fidelity. You acknowledge that you must perform your own evaluation of any investment based on your investment objectives, financial resources and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
- Service Limitations. Fidelity will try to make your experience a productive one. However, Fidelity cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss 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, Fidelity Account Information and Account Information from Third Party Sites are only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
- Right to Change. Fidelity reserves the right to modify, change or cease providing access to the Service or any of the content or Third Party Sites that may be available through the Service at any time and without prior notice.
- Cancellation. You may cancel your enrollment in this Service at any time: (i) by deleting all of the accounts you had previously identified for inclusion in the Service; (ii) if you have established Fidelity customer log-in credentials via Fidelity.com or NetBenefits.com, by following the instructions for termination of the Service accessible to you via Fidelity.com or NetBenefits.com, as appropriate; or (iii) by contacting Fidelity.
Fidelity may cancel your enrollment in the Service at any time without prior notice, for any reason, including, for those accessing the Service through NetBenefits.com, at the direction of your employer or plan sponsor.
3. Your Use of the Service
- Access Credentials. You are solely responsible for maintaining the confidentiality of any username, password or other access credential necessary to access the Service. Further, you are responsible for all activities that occur in connection with such access credentials, including use of the Service, all instructions electronically transmitted, or any data or information obtained using your access credentials. Neither Fidelity nor Yodlee shall be under any duty to inquire as to the authority or propriety of any instructions given to Fidelity or Yodlee by you or via your access credentials and shall be entitled to act upon any such instructions, and neither Fidelity nor Yodlee shall 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. As an authorized user of the Service, you accept full responsibility for the monitoring of your accounts. Notify Fidelity immediately if you become aware of any unauthorized activity, disclosure, loss, theft or other unauthorized use of your access credentials. You agree to cooperate with Fidelity in any investigation and agree to take corrective measures to protect your accounts from further fraudulent activity.
- Provide Accurate Information. Accurate records enable Fidelity to provide the Service to you. You must provide true, accurate, current and complete information about yourself and your accounts maintained at Third Party Sites, as requested in our registration and account setup forms, 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.
- Obey the Law. You may not use the Service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
- Restrictions on Commercial Use or Resale. Your right to use the Service is personal to you; therefore, you may not resell or make any commercial use of the Service.
- Proprietary Rights. You acknowledge and agree that all trademarks and service marks displayed on the Service screens belong to FMR LLC or an affiliate, except third party trademarks and service marks, which are the property of their respective owners. Certain data and other content displayed via the Service 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 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 Fidelity's technology, including but not limited to, any Java applets associated with the Service.
4. Rights You Grant to Us
- Content You Provide. Subject to the privacy restrictions set forth in Section 2.E. above, you are licensing to Fidelity and Yodlee any information, data, passwords, usernames, other log-in information, materials or other content (collectively, "Content") you provide through the Service, and Fidelity and Yodlee may use, modify, display, distribute and create new material using such Content. By submitting Content, you represent that you are entitled to submit it to Fidelity and Yodlee, and that Fidelity and Yodlee may use it in accordance with the privacy restrictions set forth in Section 2.E. above without the payment of any fees and without any time limitation.
- Account Information From Third Party Sites. By using the Service, you expressly authorize Fidelity and Yodlee to access Third Party Sites, on your behalf as your agent, to retrieve account information requested by you. You hereby authorize and permit Fidelity and Yodlee to use information submitted by you to the Service (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 Sites for which you submit your information. For all purposes hereof, you hereby grant Fidelity and Yodlee a limited power of attorney, and you hereby appoint Fidelity and Yodlee 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 access Third Party Sites, retrieve information, and use your 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 FIDELITY OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, FIDELITY AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY ACCOUNT PROVIDER. You agree that the third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Service is not sponsored or endorsed by any third party account providers accessible through the Service.
5. Other Important Legal Matters
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIDELITY AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
FIDELITY AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERRORFREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY THIRD PARTY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIDELITY OR YODLEE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
TO THE EXTENT THAT ANY PART OF THIS SECTION IS NOT CONSISTENT WITH ANY OTHER PART OF THESE TERMS, THEN THIS SECTION WILL CONTROL.
- LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER FIDELITY, YODLEE OR YOUR EMPLOYER OR PLAN SPONSOR (IF YOUR RELATIONSHIP WITH FIDELITY ARISES THROUGH WORKPLACE SERVICES PROVIDED BY YOUR EMPLOYER) NOR ANY OF THEIR AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE FOR ANY HARMS, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR TRADING LOSSES, PERSONAL INJURY, WRONGFUL DEATH, LOSS OF WAGES OR LIVELIHOOD, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR DAMAGES RELATED TO THE CONTENT, INFORMATION, OR SERVICES PROVIDED ON THIRD PARTY SITES, EVEN IF FIDELITY, YODLEE, YOUR EMPLOYER OR PLAN SPONSOR, OR THIRD PARTY DATA PROVIDER HAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES; (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. For NetBenefits users, this limitation of liability does not relate to services that Fidelity provides to you under the terms of any contract Fidelity may have with your employer or plan sponsor other than the Service.
- Indemnification. You agree to protect and fully compensate Fidelity, Yodlee and their respective affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the Service, your violation of the Terms or wilful infringement by you or infringement by any other user of your Service access credentials, of any intellectual property or other rights of anyone. If your use of the Service arises solely in connection with the workplace services provided by your employer, 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.
You agree that Yodlee and the Third Party Data Providers are third party beneficiaries of the above provisions, with all rights to enforce such provisions as if they were parties to this agreement.
- Other. 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. The laws of the Commonwealth of Massachusetts govern the interpretation and performance of this agreement, except with respect to conflicts of laws or as otherwise required by applicable law.