Terms of Use

TERMS OF USE FOR FIDELITYLABS.COM WEBSITE

Fidelity Labs, Inc. (“Fidelity Labs”) is a Fidelity Investments company that provides innovative technology based products and services to the public through its FidelityLabs.com website (“Web Site”), independently from Fidelity.com.

By accessing or using the Web Site, including all products, services, content, tools, data, databases, information and other materials made available by Fidelity Labs on the Web Site (collectively “Content”), you expressly agree to be bound by and to comply with these Terms of Use (“Terms”) and all applicable federal, state and local laws, regulations and ordinances governing the Web Site. These Terms are a binding agreement between you and Fidelity Labs. If you do not agree with these Terms, you should not access or use the Web Site. Please check the end of these Terms for the date on which they were last updated.

Your use of the Web Site is governed by the version of the Terms in effect on the date the Web Site is accessed by you. Fidelity Labs may modify these Terms, including all documents incorporated by reference, at any time and without prior notice. You should review the most current version of these Terms by visiting www.fidelitylabs.com and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and Fidelity Labs or any affiliate of Fidelity Labs, including any customer or account agreements, and any other agreements that govern your use of Content available on the Web Site or other websites of any other Fidelity Investments company.

Other additional terms and conditions in the form of “DISCLAIMERS” or “ADDITIONAL TERMS OF USE” may be applicable to certain Content on specific Fidelity Labs web pages and are incorporated into these Terms by reference. It is your responsibility to link to and review all such “DISCLAIMERS” or “ADDITIONAL TERMS OF USE” posted on such web pages before proceeding to use such Content. The DISCLAIMERS or “ADDITIONAL TERMS OF USE” will be posted next to the Terms of Use at the bottom of the applicable web pages. Finally, certain features of the Web Site may only be available upon acceptance of the applicable User Agreement.

1. USE OF FIDELITY LABS WEB PAGES AND SITE

The Web Site is intended for access and use only by individuals residing in the United States. The Web Site is provided to you for your own personal use and may not be used for commercial purposes, including but not limited to, the sale of a product or service; directing users to your website for advertising or other business purpose; creating a website or service that competes with the Web Site, compiling, reformatting and/or displaying any Content, or using any portion of the Web Site on your website. If you wish to use any portion of the Web Site for commercial purposes, please contact Fidelity Labs for more information using the email address fidelitylabs@fmr.com. Fidelity Labs shall have the right to take appropriate legal action against you for your improper or unauthorized use of the Web Site or Content or any violation of Fidelity Labs’ rights therein or other violation of these Terms.

2. WEB-BASED PRODUCTS AND SERVICES PROVIDED

All Content available on the Web Site is provided to you solely for informational purposes and is not intended to provide tax, legal, insurance, investment or other personal finance advice. No part of the Web Site should be construed, explicitly or implicitly, as an offer to sell, a solicitation of an offer to buy, an endorsement, guarantee or recommendation for any product or service by Fidelity Labs, its affiliates or any third party. Certain Content available on the Web Site may provide general guidance, information and/or education based upon input that you provide. You agree that you are solely responsible for determining whether any such Content is appropriate for you based on your personal situation. It is your sole responsibility to seek professional advice or consultation, such as with an attorney, tax or other professional regarding your specific legal, tax or any other situation.

The Web Site includes certain Content, which is supplied by companies that are not affiliated with Fidelity Labs (“Third Party Content”). Although Third Party Content may be framed-in or embedded within the Web Site, or otherwise available on the Web Site, Fidelity Labs does not prepare, adopt, edit or endorse any Third Party Content. Fidelity Labs therefore does not guarantee the accuracy, timeliness, completeness, suitability or usefulness of any Third Party Content. Fidelity Labs is not responsible or liable and Fidelity Labs specifically disclaims any responsibility for Third Party Content and any other content, advertising, products, services or other materials on or available from third party sites. Your use of any Third Party Content or third-party site is solely at your own risk.

The Web Site may also contain links to unaffiliated websites or web pages. These unaffiliated websites or web pages are not controlled by Fidelity Labs and Fidelity Labs does not endorse or adopt the content on these websites. You agree that neither Fidelity Labs nor its affiliates is responsible or liable for the content on these sites and acknowledge that Fidelity Labs specifically disclaims any responsibility for such content. You further acknowledge that each of the entities to which you link may have terms of use and privacy policies substantially different from the Terms of Use and the privacy policy applicable to Web Site. It is your responsibility to read and understand all such terms of use and privacy policies for your own protection.

All Content is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

3. PRIVACY POLICY

Fidelity Labs follows the provisions of the Fidelity Investments Privacy Policy and your access and use of the Web Site is subject to those provisions. Click here to review the Fidelity Investments Privacy Policy. By accessing and using the Web Site you acknowledge that you have read and understand the Fidelity Investments Privacy Policy.

4. COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS

The Content is the property of Fidelity Labs, its licensors and/or its suppliers and is protected by applicable copyright laws. You may not copy, distribute, redistribute, modify, post or frame-in the Web Site, or portion thereof, or Content, including any text, graphics, video, audio, software code, user interface design, logos, trade dress or other content.

If you link from another website to the Web Site, your website, and the link itself, must not suggest that Fidelity Labs or any of its affiliates endorses, sponsors or is affiliated with any non-Fidelity website, entity, product or service, and must not make use of any trademarks or service marks of Fidelity Labs or its affiliates other than those contained within the URL of the Web Site.

All trademarks, service marks, logos and trade dress on the Web Site are owned by Fidelity Labs or one of its affiliates, except third-party trademarks and service marks, which are the property of their respective owners.

If you believe that your work is included in the Content and has been copied in a way that constitutes copyright infringement, please provide Fidelity Labs with the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
(b) 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;
(c) An identification of the allegedly infringing material, and a description of where that material is located on the Web Site;
(d) Your address, telephone number, and email address;
(e) 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; and
(f) 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.

Fidelity Labs’ agent for notice of claims of copyright infringement can be reached as follows:

By mail: Tanya Courcey, Fidelity Investments, 245 Summer Street, Boston, MA 02210

By phone: 617-563-9840

By email: CopyrightClaim@fmr.com

Certain Content on Web Site, including search results obtained through search requests made by its users, results from mathematical formulae, automated processes and software, and such Content is not pre-reviewed by Fidelity Labs. If a website owner would prefer that Fidelity Labs remove or prohibit deep links to the owner’s website from Fidelity Lab’s indices, the owner can request such removal or prohibition by contacting Fidelity Labs at the email address fidelitylabs@fmr.com.

5. PROHIBITED USES

Because all servers have limited capacity and are used by many people, you may not use the Web Site in any manner that could damage or overburden any Fidelity Labs server, or any network connected to any Fidelity Labs server. You may not use the Web Site in any manner that would interfere with any other party’s use of the Web Site.

6. MEANS OF ACCESS

The Web Site is generally intended to be viewed by a conventional web browser with a screen resolution of 640 by 480 pixels or greater. Although you may use other means to access the Web Site, be aware that the Web Site may not appear accurately through other access methods, and you use them only at your own risk. Certain functionality may only be accessed by downloading certain browser plug-ins or additional software generally available from third parties. If this is required, you will be prompted as to how to download such plug-ins or software.You should not access the Web Site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Fidelity Labs.

Access to certain parts of the Web Site may be restricted to users who have user ids, passwords or other credentials. You may not obtain or attempt to obtain unauthorized access to such parts of the Web Site, or to any other protected materials or information, through any means not intentionally made available by Fidelity Labs for your specific use.

7. DISCLAIMER OF WARRANTIES

PLEASE NOTE THAT THE CONTENT AND SERVICES PROVIDED AS PART OF THE WEB SITE MAY BE EXPERIMENTAL IN NATURE.NEITHER FIDELITY LABS NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES. THE WEB SITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND NEITHER FIDELITY LABS NOR ITS AFFILIATES REPRESENT OR WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

NEITHER FIDELITY LABS NOR ITS AFFILIATES REPRESENT OR WARRANT THAT THE WEB SITE WILL MEET YOUR NEEDS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER FIDELITY LABS NOR ITS AFFILIATES MAKES ANY REPRESENTATION OR WARRANTY THAT THE RESULTS OR INFORMATION OBTAINED FROM THE USE OF THE WEB SITE OR ANY CONTENT WILL BE ACCURATE, COMPLETE, VALID OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR ANY LINKS PROVIDED THEREIN WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. ANY CONTENT, MATERIAL, PRODUCT OR SERVICE USED BY YOU OR DOWNLOADED BY YOU IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND NEITHER FIDELITY LABS NOR ITS AFFILIATES WILL BE RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM SUCH DOWNLOAD AND/OR USE INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

8. LIMITATION OF LIABILITY

NEITHER FIDELITY LABS NOR ITS AFFILIATES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, COVER DAMAGES, INCONVENIENCE OR DELAY) THAT RESULT FROM YOUR USE OR INABILITY TO USE THE WEB SITE, THIRD PARTY CONTENT OR THIRD PARTY WEBSITES TO WHICH THE WEB SITE LINKS. THIS IS TRUE EVEN IF FIDELITY LABS OR ONE OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NEITHER FIDELITY LABS NOR ITS AFFILIATES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY LABS OR AN AFFILIATE 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.

9. INDEMNIFICATION

As a condition of your use of the Web Site, you agree to indemnify and hold Fidelity Labs, its affiliates and its third party suppliers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising directly or indirectly from your use of the Web Site, or from your violation of these Terms.

10. CHANGES TO THE WEB SITE

Fidelity Labs may modify the Web Site or any portion thereof at any time for any reason without prior notice to you.

11. TERMINATION

Fidelity Labs may suspend, terminate or modify your access to the Web Site for any reason, without prior notice.

12. GOVERNING LAW

These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law.

13. BINDING NATURE

These Terms shall apply to, be binding upon and shall inure to the benefit of the parties hereto and to Fidelity Labs’ successors and assigns, whether by merger, consolidation, or otherwise.

14. SEVERABILITY

If a court of competent jurisdiction deems any provision of these Terms unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect.

15. MISCELLANEOUS

Fidelity Labs’ failure to act with respect to a breach by you or others does not waive Fidelity Labs’ right to act with respect to subsequent or similar breaches. The failure of Fidelity Labs to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms are included for convenience only, and shall not limit or otherwise affect these Terms.The Web Site is owned and operated by Fidelity Labs, Inc., a Fidelity Investments company. Although Fidelity Labs is affiliated with other Fidelity Investment companies that may offer financial products and services, Fidelity Labs is not engaged in the business of banking or acting as a broker-dealer, investment advisor, deposit broker, financial planner, credit counselor, or other advisor to you. If you wish to visit the Fidelity Investments web site, please point your browser to www.fidelity.com or click on the Fidelity logo that is found on various pages of the Web Site.

The Terms of Use were last modified in June 2012.