The guarantee covers all assets in brokerage accounts and Fidelity Individual Retirement Accounts (IRAs) carried with Fidelity Brokerage Services LLC; all Fidelity Mutual Funds sold by Fidelity Distributors Corporation that are purchased from and held by Fidelity directly and not through an intermediary; and individual workplace retirement plan accounts under a 401(k), profit sharing, 403(b) or 457 plan for which Fidelity is the record-keeper.
Fidelity Advisor Funds and other related products sold through financial intermediaries may be covered by non-Fidelity guarantees or policies. Our guarantee therefore does not cover these products, including, but not limited to, Fidelity Advisor Fund accounts, Fidelity Destiny Plans and Fidelity Advisor 529 Plans. Also, certain regulatory constraints require that we exclude annuity and life insurance products.
The guarantee does not cover situations in which you authorize account activity, including: (1) the activities of any person to whom you have given, or with whom you have shared, your username, password or account number, and (2) the activities of any person, including an investment advisor or professional (its employees and agents), to whom you have granted authority of any type over your account (such as power of attorney, trading or money movement authorization or an investment management relationship). The guarantee does not cover conduct by, or situations involving, any person described above that results in the unauthorized access of your accounts or in the disclosure of your personal information (for example, the failure of such person to secure his or her computer or the use of an unsecured computer by such a person). The guarantee also does not cover unauthorized activities in your workplace retirement or benefit account by an employer, administrator or plan sponsor representative who is authorized to access your account, but who is acting outside the scope of his or her authority. It also does not cover unauthorized activities resulting from a breach of security: (a) in an employer, administrator’s or plan sponsor’s systems, or (b) at a third-party entity or website with which you have shared, or authorized the sharing of, your username, password and/or account number.
Unauthorized credit and check card transactions occurring on Fidelity-offered cards must be reported immediately to the bank who issued you the card. The guarantee does not cover unauthorized credit and check card transactions and any claim for reimbursement for loss due to unauthorized credit and check card transactions is governed by your agreement with the issuing card company and by applicable law.
Unauthorized checkwriting transactions occurring with Fidelity-offered checkwriting features must be reported promptly to Fidelity. Fidelity will assist you in the claims process. However, the guarantee does not cover unauthorized checkwriting transactions and any claim for reimbursement for loss due to unauthorized checkwriting transactions is governed by your agreement with United Missouri Bank, N.A. and by applicable law.
The guarantee does not cover any tax consequences, your legal fees and expenses, or any consequential, lost opportunity or non-monetary damages. The guarantee will not apply in any situation in which you do not report unauthorized activity promptly to Fidelity.
You must work with us in our investigation, and we may ask that you take additional steps including, but not limited to, filing a police report, completing a notarized affidavit regarding the unauthorized transactions, cooperating and answering questions from Fidelity and law enforcement authorities, and, if necessary, allowing access to the computer or other access device that is suspected of being compromised.
Fidelity will determine the type and amount of reimbursement, including whether to replace the securities in your account that were taken, and may seek restitution for reimbursements made under this guarantee from the person(s) or entity that committed the unauthorized activity. We may not provide reimbursement if you are reimbursed, or eligible for reimbursement or other coverage, by others for the unauthorized transactions; for example, by your insurance company.
Fidelity may ask that you assign to it certain rights you may have regarding your loss and to sign a release form as a condition of reimbursement. You may not assign your rights under the guarantee to any other individual or party. We may also require, for your own protection and as a condition of your continued eligibility for coverage under the guarantee, that you take additional steps, including, but not limited to, implementing specific additional security measures.
The additional steps that Fidelity may require can include, among others, that you change your account access credentials, a professional hard drive clean-up, and installation or updating of antivirus and other security software on the computers that you use to access your accounts. If your account experiences unauthorized activity subsequent to a claim by you for reimbursement under this guarantee, and Fidelity determines that you have not taken all the appropriate additional steps and corrective measures it has required of you, your request for reimbursement may be denied.
The guarantee is governed by the law of the Commonwealth of Massachusetts. You may have additional legal rights under other applicable federal and state law(s). Laws and regulations in some jurisdictions may prohibit application of the guarantee to certain financial products.
Last modified in August 2012. © Copyright 1998-2012 FMR LLC. All Rights Reserved.
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