Overview and Consent | ||
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I
understand that this Agreement between me and Fidelity (Fidelity refers to
Fidelity Brokerage Services LLC, Fidelity Distributors Corporation and
National Financial Services LLC, as the context may require) states the
terms and conditions of my use of Fidelity’s alert service ("the
Service"). The Service may be marketed under various brand names
including, without limitation, ‘Fidelity Alerts'.
I agree to use the
Service only in accordance with this Agreement. If I do not agree with the
terms of the User Agreement, I understand I may not use the Service. In offering the
Service, Fidelity is making available to me a service that allows me to
request to receive from Fidelity proprietary and third party information
regarding individual securities, the financial markets, Fidelity’s
products and services, my eligible Fidelity accounts, securities held
therein, and other information via wireless communication devices, email,
facsimile, or other electronic means (collectively, "Access Devices") as
Fidelity may elect. Fidelity may also provide certain Account Alerts
automatically to me if I have provided Fidelity with a valid email address. I understand that if I do not wish to receive any of these Alerts, I can terminate or modify my subscription at any time at by visiting the Alerts at Fidelity page. I recognize that my
use of the Service may involve the transmission to me of information that
may be considered personal financial information, including but not
limited to the identity and/or number of shares of companies that I trade
or hold in my eligible accounts and balances of such accounts. I
acknowledge that Fidelity cannot assure the security or privacy of
electronic transmission of such information. Accordingly, I must assess
whether my use of the Service is adequately secure to meet my particular
needs. By using the Service, I consent to the transmission by electronic
means of such personal financial information. | ||
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Additional Terms and Relationship to Other Agreements
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I
understand the Service may provide access to products and services that
are subject to separate user agreements. I understand that, to the extent
applicable, the terms of such agreements are incorporated into this
Agreement by reference, to the extent such terms do not conflict with the
terms of this Agreement. | ||
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Source and Ownership | ||
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I
agree that the Service is the proprietary property of Fidelity and/or
third parties from which Fidelity has obtained rights to provide access to
Fidelity’s customers. Information available through the Service is the
property of Fidelity, various independent data providers ("Providers") or
applicable licensors and is protected by applicable copyright
law. | ||
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Limitations on Scope of Use | ||
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I
agree to use the Service solely for my personal, non-commercial purposes.
I agree to keep confidential and not re-disseminate any information
obtained through the Service in any manner to any third parties without
the express written consent of Fidelity, the Providers or applicable
licensors. | ||
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Limitations on Purpose of Information | ||
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The Service is provided for informational and/or
educational purposes and is not intended to provide tax, legal or
investment advice and should not be construed as an offer to sell, a
solicitation of an offer to buy, or a recommendation for any security by
Fidelity or any Provider. I acknowledge that any requests by me for information
through the Service is unsolicited. To the extent that any of the
information available through the Service constitutes investment advice by
its respective owner, such information is either statistical information
containing no expression of opinion or is impersonal advice not intended
to meet the objectives or needs of specific individuals or accounts. I
understand that I alone am responsible for determining whether any
investment, security or strategy is appropriate or suitable for me and
that neither Fidelity nor any Provider has made any determination that any
recommendation, investment, or strategy in such information is suitable or
appropriate for me based on my investment objectives and financial
situation. I agree not to rely solely on the information received via the
Service in making my investment decisions. | ||
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Eligibility and Applicable Fees | ||
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I
understand that the Service is intended to be made available only to
persons in the | ||
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Charts, News & Research | ||
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Price charts, news headlines and stories, and
research (collectively, "Third Party Content") are available through
certain Access Devices and are provided by various third party providers
that are not affiliated with Fidelity ("Data Providers"). | ||
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Security and Privacy | ||
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I
shall be responsible for the confidentiality and use of my Personal
Identification Number ("PIN") and other security data, and for the
physical security of my Access Devices. I assume all risks associated with
directing Fidelity to send messages to Access Devices that may not utilize
personalized security codes or encryption. I understand that I am solely responsible for
minimizing security risks, for example, by logging out of the Service or
by keeping my Access Devices under my physical control. | ||
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Error Notification | ||
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I
understand that I use the Service at my sole risk and responsibility and
that I must notify Fidelity of the existence of certain circumstances
relating to my use of the Service. Specifically, I agree that any
information furnished to me by use of the Service shall be subject to the
following terms and conditions: | ||
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(a)
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If I
have received confirmation of an order that I did not place or any similar
conflicting report, I shall immediately notify Fidelity. | |
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(b) |
If
there is a discrepancy in the account balance, security positions or order
status reported to me by Fidelity I shall immediately notify
Fidelity. | |
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(c)
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If
there is any other type of discrepancy or suspicious or unexplained
occurrence relating to the Service or my account I shall immediately
notify Fidelity. | |
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(d)
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All
notifications to Fidelity pertaining to this Agreement shall be directed
to: | |
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Fidelity Investments |
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If I
fail to notify Fidelity when any of the above conditions occur, neither
Fidelity nor any of its employees, agents, affiliates, subsidiaries,
control persons, or its parent, nor any third parties, can or will have
any responsibility or liability to me or to any other person whose claim
may arise through me for any claims with respect to the handling,
mishandling, or loss of any information. Notwithstanding my notification
to Fidelity, Fidelity shall not be liable for any Losses (as defined in
Section 10) related to the Service except as expressly set forth in this
Agreement. I accept full responsibility for the monitoring of my
account. | ||
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Market Data | ||
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I
understand that each participating national securities exchange or
association (“Exchange”) asserts a proprietary interest in all of the
market data (including without limitation real-time quotes) it furnishes
to the parties that disseminate the data. I also understand that neither
Fidelity nor any Exchange or Provider guarantees the timeliness, sequence,
accuracy, or completeness of market data or any other market information,
or messages disseminated by any party. Fidelity shall not be liable in any
way, and I agree to indemnify and hold harmless Fidelity from and against
any and all claims, demands, actions, losses, damages, liability, or
costs, charges, counsel fees, and expenses of any nature ("Losses")
arising from or occasioned by (a) any inaccuracy, error, or delay in, or
omission of, (i) any such data, information, or message or (ii) the
transmission or delivery of any such data, information, or message, or (b)
any Losses arising from or occasioned by (i) any such inaccuracy, error,
delay, or omission, (ii) nonperformance, or (iii) interruption of any such
data, information, or message, due either to any act or omission by
Fidelity or any other disseminating party or to any "force majeure" (i.e.,
flood, extraordinary weather conditions, earthquake, or other act of God,
fire, war, insurrection, riot, labor dispute, accident, action of
government, communications, or power failure, equipment or software
malfunction) or any other cause beyond the reasonable control of any
disseminating party. I understand that the terms of this Agreement may be
enforced directly against me by the Exchange providing market data to
me. | ||
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Warranties; Indemnification | ||
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While all information accessible through
the Service has been obtained from sources believed to be reliable, I
understand that Fidelity will not be responsible whatsoever for the
accuracy, timeliness, completeness, or use of any information received by
it or received by me through the Service and that Fidelity does not make
any warranty concerning such information. I understand that there may be
delays with or interruptions or failures of the Service and I agree to
accept the risk and responsibility associated with such delays,
interruptions and failures. I understand that the Service availability and
response time may be subject to market and other conditions. I agree that
neither Fidelity nor any third party working with Fidelity to provide
services hereunder shall be responsible for any damages caused by
telecommunications network, encryption or communications line failure,
unauthorized access, theft, systems failure, systems delays and other
occurrences. To the extent that any Service uses Internet, wireless or
related electronic or telephonic services to transport data or
communications, Fidelity will take reasonable security precautions, but
Fidelity disclaims any liability for interception of any such data or
communications. Fidelity shall not be responsible for, and makes no
warranties regarding, the access, speed or availability of such
services. | ||
NEITHER FIDELITY NOR ANY
PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ONLINE SERVICES OR ANY
INFORMATION, PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION
WITH THE SERVICE. THE SERVICE MAY CONTAIN TECHNICAL AND OTHER ERRORS AND
LIMITATIONS AND IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIDELITY
CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NON-INFRINGEMENT, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OF THE SERVICE AND ALL INFORMATION MADE AVAILABLE THROUGH THE
SERVICE. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SERVICE,
INCLUDING THE RECEIPT OF QUOTES IS ASSUMED BY ME. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO ME. I MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO
STATE OR BY JURISDICTION. | ||
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I
agree to indemnify and hold harmless Fidelity from and against any and all
claims, demands, actions, losses, damages, liability, or costs, charges,
counsel fees, and expenses of any nature ("Losses") arising from my use of
any aspect of the Service over which Fidelity does not exercise exclusive
control, violation of this Agreement, or violation of any third party’s
rights, including but not limited to copyright, proprietary and privacy
rights. This indemnification and hold-harmless obligation will survive the
termination of the Agreement. | ||
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Modification and Termination | ||
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I
agree that Fidelity may discontinue the Service in whole or in part, at
any time, and that Fidelity may modify, change, or limit the terms of this
Agreement, in whole or in part, at any time and from time to time. I agree
that Fidelity may immediately terminate my access to the Service if I
breach this Agreement, if I have jeopardized the proper and efficient
operation of the service or related electronic products, services or
systems, if I cease being present in the U.S., or if I no longer meet
Fidelity’s Eligibility Criteria. Any unauthorized use of the Service,
whatsoever, shall result in automatic termination of this
Agreement. | ||
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Governing Law | ||
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This
Agreement will be construed under the laws of
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Mobile Alerts | ||
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For help, text "HELP" to 468378. For account specific inquiries please log in at Fidelity.com and select the Send an E-Mail link on the Customer Service page. For general inquiries you can also email us at Fidelity.Investments@Fidelity.com.
To cancel your plan, send the text "STOP" to 468378 at anytime.
In case of questions please contact customer service at 1-800-544-6666.
Message frequency depends on account settings.
Our service is available on most carriers including AT&T, Verizon Wireless, Sprint, T-Mobile®, U.S. Cellular®, Nextel, Boost, Virgin.
Message and Data rates may apply.
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