Fidelity Terms of Use

Fidelity · agreement dated July 1, 2026 · Official agreement

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29 of 73 cards in Legal Rights & Agreement Rules

Legal Rights & Agreement Rules · Context

Website information is general and not legal, tax or insurance advice

The Fidelity Websites are not intended to provide legal, tax or insurance advice. In general, the information on them was prepared without reference to any particular user's personal situation. You are encouraged to consult Your own legal, tax or insurance professional about Your specific situation.

Supporting quotations

The Fidelity Websites are not intended to provide legal, tax, or insurance advice. In general, the information contained in the Fidelity Websites has been prepared without reference to any particular user's personal situation.
You are also encouraged to consult Your legal, tax, or insurance professional regarding Your specific situation.

Qualifications & exceptions

  • "In general" limits the statement that the information was prepared without reference to a user's personal situation.

Legal Rights & Agreement Rules · Context

Pricing and data from the websites may not match actual market prices; credit ratings are opinions

Pricing and other information generated through data or services made available via the Fidelity Websites may not reflect actual prices or values available in the market when it is provided, or when You may want to buy or sell a particular security or other investment, including a digital asset. Credit ratings are statements of opinion and are not statements of fact.

Supporting quotations

Pricing and other information generated through the use of data or services made available via the Fidelity Websites may not reflect actual prices or values that would be available in the market at the time provided or at the time that You may want to purchase or sell a particular security or other investment, including a digital asset. In addition, credit ratings are statements of opinions and are not statements of fact.

Qualifications & exceptions

  • The caution covers information generated through data or services made available via the Fidelity Websites and uses "may", so it is a possibility rather than a statement that prices will differ.

Legal Rights & Agreement Rules · Context

References to an investment, rating or observation are not a recommendation or investment advice

Any reference to a particular investment or security, a rating or any observation concerning an investment that is part of this information is not a recommendation to buy, sell or hold it, does not address whether it is suitable for any particular investor, and should not be relied on as investment advice. Before investing, You should consider whether any investment, strategy, security, other asset or related transaction is appropriate for You based on Your personal investment objectives, financial circumstances and risk tolerance.

Supporting quotations

Any reference to a particular investment or security, a rating or any observation concerning an investment that is part of this information is not a recommendation to buy, sell or hold such investment or security or other asset, does not address the suitability of an investment or security or other asset for any particular investor, and should not be relied on as investment advice.
Before investing, You should consider whether any investment, investment strategy, security, other asset, or related transaction is appropriate for You based on Your personal investment objectives, financial circumstances, and risk tolerance.

Legal Rights & Agreement Rules · Context

The Virtual Assistant does not recommend trades and gives general, non-advice responses

The Virtual Assistant is not designed to recommend the purchase or sale of specific securities or digital assets. It may offer educational information but cannot discern which investment choices would suit Your personal situation. Its responses are general in nature and should not be considered investment, legal or tax advice; for Your specific situation consult an investment professional, attorney or tax professional.

Supporting quotations

The Virtual Assistant is not designed to recommend the purchase or sale of specific securities or digital assets. While it may offer educational information, it doesn't have the capability to discern what investment choices would be suitable for Your personal situation.
Responses from the Virtual Assistant are general in nature and should not be considered investment, legal, or tax advice. Consult an investment professional, attorney, or tax professional regarding Your specific situation.

Legal Rights & Agreement Rules · Restriction or exception

Neither Fidelity nor the providers guarantee Third Party Content or accept liability for its use

Neither Fidelity nor any Third Party Content Provider guarantees the accuracy, timeliness, completeness, usefulness or availability of Third Party Content, or is responsible for errors or omissions in it (negligent or otherwise), regardless of cause, or for results obtained from using it. In no event are Fidelity or any provider liable for damages, costs, expenses, legal fees or losses (including lost income, lost profit and opportunity costs) in connection with any use of Third Party Content.

Supporting quotations

Neither Fidelity nor any Third Party Content Provider guarantees the accuracy, timeliness, completeness, usefulness, or availability of Third Party Content, nor is Fidelity or any Third Party Content Provider responsible for any errors or omissions in Third Party Content (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Third Party Content. In no event shall Fidelity or any Third Party Content Provider be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of Third Party Content.

Not stated here

  • The passage does not say whether or how applicable law limits these statements.

Legal Rights & Agreement Rules · Context

Third Party Content references are not recommendations, and credit ratings are opinions

A reference to a particular investment or security, a rating or any observation about an investment that is part of the Third Party Content is not a recommendation to buy, sell or hold it, does not address suitability for any particular investor, and should not be relied on as investment advice. Credit ratings are statements of opinion, not statements of fact. You accept and assume all risks of using any Third Party Content, and including it on the websites is not an endorsement or recommendation from Fidelity of the content or its provider.

Supporting quotations

A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the Third Party Content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security for any particular investor, and should not be relied on as investment advice. Credit ratings are statements of opinions and are not statements of fact.
You accept and assume all risks of using any Third Party Content. The inclusion of any Third Party Content on the Fidelity Websites does not constitute an endorsement or recommendation from Fidelity of such Third Party Content or the Third Party Content Provider.

Legal Rights & Agreement Rules · Restriction or exception

You are liable to Fidelity for misuse of Third Party Content by You or Your agents

You are liable and responsible to Fidelity for any actions or omissions, including unauthorized or inadvertent receipt, use or misuse of Third Party Content by You or Your agents, that violate these Terms or any other obligations You have to Fidelity.

Supporting quotations

You shall be liable and responsible to Fidelity for any actions or omissions, including any unauthorized or inadvertent receipt, use or misuse of Third Party Content by You or Your agent(s) in violation of these Terms, or any other obligations that are made to Fidelity by You.

Qualifications & exceptions

  • Covers unauthorized or inadvertent receipt, use or misuse, and acts by agents.

Not stated here

  • The passage does not state the measure or amount of liability.

Legal Rights & Agreement Rules · Company practice

Website content is only as of its published date, and Fidelity need not update dated or forward-looking statements

All content on the Fidelity Websites is presented only as of the date and time published or indicated and may be superseded by later market events or for other reasons. Users are cautioned not to place undue reliance on forward-looking statements (indicated by words such as "believe", "anticipate" or "expect"), which were based on information available when made. Fidelity undertakes no obligation to publicly update or revise any dated, forward-looking or other statements.

Supporting quotations

Timeliness of Content
All content on the Fidelity Websites is presented only as of the date and time published or indicated and may be superseded by subsequent market events or for other reasons. Users are cautioned not to place undue reliance on any forward-looking statements (indicated by language such as "believe", "anticipate", "expect" or similar words) which were based on information available at the time they were made. Fidelity undertakes no obligation to update publicly or revise any dated, forward-looking, or other statements.

Qualifications & exceptions

  • Forward-looking statements are indicated by language such as "believe", "anticipate", "expect" or similar words.

Legal Rights & Agreement Rules · Restriction or exception

Fidelity and content providers do not warrant the accuracy, completeness, availability or timeliness of the websites

Fidelity says it tries to include accurate and timely information, but there may be inadvertent inaccuracies and errors. Neither Fidelity nor its Third Party Content Providers warrant the accuracy, completeness, availability or timeliness of the Fidelity Websites or of any information, text, graphics, links or other Fidelity or Third Party Content on them.

Supporting quotations

Accuracy of Content
ALTHOUGH FIDELITY TRIES TO INCLUDE ACCURATE AND TIMELY INFORMATION ON THE FIDELITY WEBSITES, THERE MAY BE INADVERTENT INACCURACIES AND ERRORS, AND NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY OR TIMELINESS OF THE FIDELITY WEBSITES OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER FIDELITY OR THIRD PARTY CONTENT ON THE FIDELITY WEBSITES.

Legal Rights & Agreement Rules · Company practice

Fidelity may change the websites or content at any time without notice and does not warrant defects will be fixed

Fidelity may change the Fidelity Websites and any content on them at any time without notice. It does not warrant that defects or inaccuracies will be corrected, or corrected in a timely manner.

Supporting quotations

FIDELITY MAY CHANGE THE FIDELITY WEBSITES AND ANY CONTENT THEREON AT ANY TIME WITHOUT NOTICE, BUT FIDELITY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER.

Legal Rights & Agreement Rules · Restriction or exception

Use the websites only as the law permits and only for personal, non-commercial purposes

You may use the Fidelity Websites only as permitted by law, and only for personal, non-commercial purposes. "You" means any person or entity that accesses or attempts to access the websites.

Supporting quotations

Prohibited Uses and Termination of Access
You may use the Fidelity Websites only as permitted by law.
You may use the Fidelity Websites only for personal, non-commercial purposes.
"You" or "Your" refers to any person or entity that accesses or attempts to access the Fidelity Websites.

Qualifications & exceptions

  • A separate later passage addresses commercial entities and commercial exploitation of content.

Legal Rights & Agreement Rules · Permission or license

Fidelity and content providers may seek injunctions for misuse of data or content, whatever any arbitration clause says

Accessing, using or disclosing data, content or materials (including Third Party Content and Restricted Content) from the Fidelity Websites in a way inconsistent with these Terms or other obligations to Fidelity is stated to cause immediate and irreparable harm for which remedies at law are not adequate. Fidelity and its Third Party Content Providers may therefore seek equitable and injunctive relief from a court, including temporary or preliminary relief, without proving actual damages and without posting bond, regardless of any arbitration or alternative dispute resolution clause. You waive any right to challenge, in a legal proceeding, Fidelity's assertion that Your alleged use or access caused it irreparable harm.

Supporting quotations

Accessing, using, or disclosing any data, content, or materials (including Third Party Content and Restricted Content) from the Fidelity Websites in any manner inconsistent with these Terms or any other obligations that are made to Fidelity by You will constitute immediate and irreparable harm to Fidelity and/or the Third Party Content Providers and, in such an event, remedies at law will not be adequate. Accordingly, in addition to all other remedies available at law or in equity, and regardless of any arbitration clause or alternative dispute resolution clause that might otherwise be applicable to certain disputes between You and Fidelity, Fidelity and its Third Party Content Providers shall have the right to seek equitable and injunctive relief (including temporary or preliminary injunctive relief) from a court of law, without the necessity of proving actual damages and without posting bond, to prevent any unauthorized, negligent, or inadvertent access, use or disclosure. You hereby waive any right You may otherwise have had to challenge, in any legal proceeding, any assertion by Fidelity that Your alleged use of or access to Fidelity Websites caused Fidelity irreparable harm.

Qualifications & exceptions

  • The relief is "in addition to all other remedies" and is to prevent unauthorized, negligent or inadvertent access, use or disclosure.

Legal Rights & Agreement Rules · Restriction or exception

No express or implied warranties; the websites and content are provided "as is" and "as available"

Neither Fidelity nor its Third Party Content Providers make any express or implied warranties about the Fidelity Websites or their content, including Third Party Content, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. The websites and all content are made available "as is" and "as available". If You live in a state that does not allow warranties to be limited or disclaimed, some or all of these provisions may not apply to You.

Supporting quotations

DISCLAIMER OF WARRANTIES
NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FIDELITY WEBSITES OR THE CONTENT PRESENTED ON THE FIDELITY WEBSITES, INCLUSIVE OF ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FIDELITY WEBSITES AND ALL CONTENT IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE".
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.

Qualifications & exceptions

  • The disclaimer is stated to be subject to state law: where a state does not allow warranties to be limited or disclaimed, some or all of these provisions may not apply.

Not stated here

  • The passage does not name the states, and the extent to which the provisions would not apply is not stated.

Legal Rights & Agreement Rules · Restriction or exception

No warranty that results will be accurate or reliable or will meet Your needs, except as specifically provided

Except to the extent otherwise specifically provided, neither Fidelity nor its Third Party Content Providers warrant that results obtained from using the Fidelity Websites or their content, including Third Party Content, will be accurate or reliable, or that the websites or any products, services, information or other material purchased or obtained through them will meet Your needs or expectations. The stated state-law carve-out also applies: if You live in a state that does not allow warranties to be limited or disclaimed, some or all of these provisions may not apply to You.

Supporting quotations

EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROVIDED, NEITHER FIDELITY NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE FIDELITY WEBSITES OR THE CONTENT PRESENTED ON THE FIDELITY WEBSITES, INCLUDING THIRD PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THE FIDELITY WEBSITES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FIDELITY WEBSITES WILL MEET YOUR NEEDS OR EXPECTATIONS.
IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.

Qualifications & exceptions

  • The opening "except to the extent otherwise specifically provided" limits this disclaimer.

Not stated here

  • The passage does not say where anything is "otherwise specifically provided".

Legal Rights & Agreement Rules · Context

These Terms govern use of the Fidelity websites, and accessing them means agreeing to them

These Terms of Use govern use of Fidelity websites such as Fidelity.com and NetBenefits.com. "You" means any person or entity that accesses or attempts to access those websites, and by accessing or using them You agree to be bound by the Terms. The page states it was last updated July 1, 2026.

Supporting quotations

Last Updated: July 1, 2026
These Terms of Use (the "Terms") govern your use of Fidelity websites, such as [www.Fidelity.com](https://www.fidelity.com) and [www.NetBenefits.com](https://www.NetBenefits.com) (the "Fidelity Websites").
"You" or "Your" refers to any person or entity that accesses or attempts to access the Fidelity Websites. By accessing or using the Fidelity Websites, You agree to be bound by these Terms.

Qualifications & exceptions

  • The websites are described as "such as" Fidelity.com and NetBenefits.com, so these two are examples in the text rather than a complete list.
  • Other agreements and additional terms can take priority in a conflict; see the cards on scope and additional terms.

Not stated here

  • This passage does not list every Fidelity website the Terms cover beyond the two examples.

Legal Rights & Agreement Rules · Company practice

Fidelity may update the Terms at any time, generally without notice, and continued use means accepting them

Fidelity may update these Terms at any time. The Terms encourage You to review them carefully before using the Fidelity Websites and each time You return, because they are subject to change. The Modification of These Terms section adds that Fidelity may modify the Terms without notice to You except where required by law, will change the "Last Updated" date when it does, and treats use of the websites as Your acceptance of the Terms in effect at that time.

Supporting quotations

Fidelity may update these Terms at any time. You are encouraged to review the Terms carefully prior to using the Fidelity Websites and each time You return as they are subject to change.
Fidelity Investments may modify these Terms at any time without notice to You, except where required by law. When we make changes to these Terms, we will change the "Last Updated" date specified at the beginning of these Terms.
Use of the Fidelity Websites shall constitute acceptance by You of the Terms in effect as of such time.

Qualifications & exceptions

  • The no-notice rule is limited by "except where required by law" in the Modification section.
  • The review language is an encouragement ("encouraged to review"), not a stated duty.

Not stated here

  • Neither passage states when a change takes effect beyond acceptance by use of the Terms in effect at the time.

Legal Rights & Agreement Rules · Context

The websites are operated on behalf of several Fidelity-group entities, collectively called Fidelity

The Fidelity Websites are operated on behalf of various entities under FMR LLC that offer products and services to the public. The text gives examples: Fidelity Brokerage Services LLC (a registered broker-dealer), Strategic Advisers LLC (a registered investment adviser), Fidelity Workplace Services LLC (a workplace savings plan recordkeeper), Fidelity Digital Assets, National Association (a national trust bank) and Fidelity Stock Transfer Solutions LLC (a registered transfer agent), or any of their affiliates. Together with FMR LLC, these are referred to as "Fidelity" or "Fidelity Investments" in the Terms.

Supporting quotations

Scope
The Fidelity Websites are operated on behalf of various entities under FMR LLC that offer products and services to the public, such as Fidelity Brokerage Services LLC, a registered broker-dealer, Strategic Advisers LLC (Strategic Advisers), a registered investment adviser, Fidelity Workplace Services LLC, a workplace savings plan recordkeeper, Fidelity Digital Assets, National Association, which is a national trust bank, and Fidelity Stock Transfer Solutions LLC, a registered transfer agent, or any of their affiliates (together with FMR LLC, "Fidelity" or "Fidelity Investments").

Qualifications & exceptions

  • The entities are introduced with "such as", so they are examples and the group also includes "any of their affiliates".

Not stated here

  • This passage does not say which entity operates which part of the websites.

Legal Rights & Agreement Rules · Restriction or exception

For accountholders and workplace-benefit users, other agreements prevail over these Terms where they conflict

If You are a Fidelity accountholder, or if Fidelity Workplace Services LLC provides employee-benefit-related services to You, Your relationship with Fidelity is also governed by other agreements. Where Your use of the Fidelity Websites falls within the scope of those other agreements, and there is a conflict between them and these Terms, Your other agreements apply.

Supporting quotations

If you are a Fidelity accountholder or if Fidelity Workplace Services LLC provides employee-benefit-related services to You, Your relationship with Fidelity is also governed by other agreements. Where Your use of Fidelity Websites falls within the scope of those other agreements, to the extent that there is any conflict between these Terms and those other agreements, Your other agreements will apply.

Qualifications & exceptions

  • The priority applies only to use of the websites that falls within the scope of those other agreements and only to the extent of a conflict.

Not stated here

  • The other agreements are not part of this source, so their terms and scope are not described here.

Legal Rights & Agreement Rules · Restriction or exception

Some sections of the websites carry additional terms that govern those sections in a conflict

Certain sections of the Fidelity Websites may contain separate terms and conditions in addition to these Terms. By accessing those sections or pages You agree to be bound by the additional terms, and in a conflict the additional terms govern Your use of those sections or pages. These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify one.

Supporting quotations

Certain sections of the Fidelity Websites may contain separate terms and conditions, which are in addition to these Terms. You should read those additional terms and conditions carefully. By accessing such sections or pages, You agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern Your use of those sections or pages.
These Terms are in addition to any Supplemental Agreement and are not intended to supersede or modify any such Supplemental Agreement.

Qualifications & exceptions

  • The additional terms govern only Your use of the sections or pages they apply to.
  • You are told to read the additional terms carefully.

Not stated here

  • The additional section-specific terms are not part of this source and are not described here.

Legal Rights & Agreement Rules · Restriction or exception

The websites are for U.S. persons and are not an offer or solicitation to anyone else or where unlawful

The Fidelity Websites are for information and use by U.S. persons. Nothing on them is to be considered a solicitation to buy or an offer to sell a security, digital asset or any other product or service to any person who is not a U.S. person, or to anyone in a jurisdiction where such an offer, solicitation, purchase, sale or other product or service would be unlawful under that jurisdiction's laws.

Supporting quotations

Information for Non-U.S. Users
The Fidelity Websites are for information and use by U.S. persons. Nothing on the Fidelity Websites shall be considered a solicitation to buy or an offer to sell a security, digital asset, or any other product or service, to any person who is not a U.S. person or is in any jurisdiction where such offer, solicitation, purchase, sale, or other product or service would be unlawful under the laws of such jurisdiction.

Qualifications & exceptions

  • The statement is about what the website content is to be considered; it limits offers and solicitations rather than stating a separate access ban in this passage.

Not stated here

  • "U.S. person" is not defined in this passage.

Legal Rights & Agreement Rules · Restriction or exception

Each time You access the websites You are deemed to represent You are not sanctions-linked or on a prohibited list

Each time You access the Fidelity Websites for any purpose, You are deemed to represent, warrant and covenant to Fidelity that You are not (a) located in, or a national or resident of, or associated with the government of, any country subject to U.S. trade sanctions, or (b) on any U.S. prohibited party list or acting on behalf of, or owned or controlled by, any person or entity on any such list.

Supporting quotations

Each time You access the Fidelity Websites for any purpose, You shall be deemed to represent, warrant and covenant to Fidelity that You are not (a) located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions, or (b) on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.

Qualifications & exceptions

  • The representation is deemed made on each access, for any purpose.

Not stated here

  • The passage does not say what follows if the representation is untrue.

Legal Rights & Agreement Rules · Restriction or exception

Neither Fidelity nor content providers are liable for damages of any kind arising from use of the websites

Neither Fidelity nor any Third Party Content Provider will be liable to You or anyone else for damages of any kind, whether consequential, incidental, special, direct, indirect or otherwise. They expressly disclaim liability for lost profits, trading losses, business-related losses and any damages resulting from use of, or loss of use of, the Fidelity Websites and materials on them (whether provided by Fidelity or third parties), even if advised of the possibility of such damages or losses. Two stated limits apply: if You live in a state that does not allow the limitation or exclusion of liability or of incidental or consequential damages, some or all of these limitations and exclusions may not apply to You; and elsewhere the Terms state that nothing in them alters or supersedes any rights or protections that might be provided to You under Regulation E.

Supporting quotations

LIMITATION OF LIABILITY
NEITHER FIDELITY NOR ANY THIRD PARTY CONTENT PROVIDER WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. FIDELITY AND ITS THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS, TRADING LOSSES, BUSINESS-RELATED LOSSES, AND/OR ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THE FIDELITY WEBSITES AND MATERIALS ON THE FIDELITY WEBSITES (WHETHER PROVIDED BY FIDELITY OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF FIDELITY AND/OR ITS THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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.
Nothing in these Terms alters or supersedes any rights or protections that might be provided to You under Regulation E.

Qualifications & exceptions

  • State-law carve-out: some or all of the limitations and exclusions may not apply to You if Your state does not allow them.
  • The Terms state that nothing in them alters or supersedes any rights or protections that might be provided to You under Regulation E (stated in the Password Security section).

Not stated here

  • The passage does not name the states, and Regulation E is not supplied in this source, so how either limit applies to a given loss is not described here.

Legal Rights & Agreement Rules · Restriction or exception

Fidelity is not liable for losses from causes outside its direct control

Fidelity will not be liable to You or anyone else for any loss resulting from a cause over which it 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. The stated state-law carve-out for limitations and exclusions of liability also applies: some or all of them may not apply to You if Your state does not allow them.

Supporting quotations

FIDELITY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY 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.

Qualifications & exceptions

  • The listed causes are introduced with "includes", so they are examples of causes outside direct control.
  • State-law carve-out in the same section may displace some or all of these exclusions.

Legal Rights & Agreement Rules · Restriction or exception

You agree to indemnify Fidelity and its content providers for claims from Your misuse or violation of the Terms

As a condition of Your use of the Fidelity Websites, You agree to indemnify and hold Fidelity and its Third Party Content Providers harmless from any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from Your misuse of the websites or of any Fidelity or Third Party Content on them, or from Your violation of these Terms.

Supporting quotations

Indemnification
As a condition of Your use of the Fidelity Websites, You agree to indemnify and hold Fidelity and its Third Party Content Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys' fees) arising from Your misuse of the Fidelity Websites or any Fidelity or Third Party Content on the Fidelity Websites, or from Your violation of these Terms.

Qualifications & exceptions

  • Stated as a condition of use and limited to claims and losses arising from misuse or violation of the Terms.

Legal Rights & Agreement Rules · Company practice

Fidelity may change the Terms without notice except where law requires it, and continued use is acceptance

Fidelity Investments may modify the Terms at any time without notice to You, except where required by law. When it makes changes it will change the "Last Updated" date at the beginning of the Terms. The most current version can be reviewed through the "Terms of Use" link at the bottom of the Fidelity Websites. Use of the websites constitutes Your acceptance of the Terms in effect as of that time.

Supporting quotations

Modification of These Terms
Fidelity Investments may modify these Terms at any time without notice to You, except where required by law. When we make changes to these Terms, we will change the "Last Updated" date specified at the beginning of these Terms. The most current version of these Terms can be reviewed by clicking on the "Terms of Use" link located at the bottom of the Fidelity Websites. Use of the Fidelity Websites shall constitute acceptance by You of the Terms in effect as of such time.
Fidelity may update these Terms at any time. You are encouraged to review the Terms carefully prior to using the Fidelity Websites and each time You return as they are subject to change.

Qualifications & exceptions

  • The no-notice rule is limited by "except where required by law".
  • Notice of a change is described as an updated "Last Updated" date and the current Terms being available through the footer link.

Not stated here

  • The passage does not say whether a changed "Last Updated" date is the only signal, or when a change takes effect.

Legal Rights & Agreement Rules · Context

Massachusetts law governs the Terms, which also benefit Fidelity's successors and assigns

These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and inure to the benefit of Fidelity's successors and assigns, whether by merger, consolidation or otherwise.

Supporting quotations

These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Fidelity's successors and assigns, whether by merger, consolidation, or otherwise.
Where Your use of Fidelity Websites falls within the scope of those other agreements, to the extent that there is any conflict between these Terms and those other agreements, Your other agreements will apply.

Qualifications & exceptions

  • For accountholders and workplace-benefit users, the Scope section says other agreements apply where they conflict with these Terms.

Not stated here

  • Other agreements and additional section terms are not part of this source, so whether they set different governing law is not described here.

Legal Rights & Agreement Rules · Restriction or exception

Disputes go to Massachusetts federal or Suffolk County courts unless Fidelity agrees in writing to another forum

Absent Fidelity's express written agreement to another forum, all disputes arising from or related to the Terms must be brought, heard and determined in the United States District Court for the District of Massachusetts or, if that court lacks subject matter jurisdiction, the courts of the Commonwealth of Massachusetts sitting in Suffolk County. By using the Fidelity Websites You submit to those courts' jurisdiction and waive the right to argue that You are not personally subject to their jurisdiction, that the forum is inconvenient, or that venue is improper.

Supporting quotations

Governing law, Choice of Forum, and Class Action Waiver
Absent Fidelity's express written agreement to another forum, any and all disputes arising from or in any way related to these Terms shall be brought, heard, and determined in the United States District Court for the District of Massachusetts or, if such court does not have subject matter jurisdiction, the courts of the Commonwealth of Massachusetts sitting in Suffolk County. By using the Fidelity Websites, You submit to the jurisdiction of such courts in connection with any such claim, suit, action, or proceeding and agree not to, and waive any right to, assert in any such claim, suit, action, or proceeding that (a) You are not personally subject to the jurisdiction of such courts or any other court to which proceedings in such courts may be appealed, (b) such claim, suit, action, or proceeding is brought in an inconvenient forum, or (c) the venue of such claim, suit, action, or proceeding is improper.
Where Your use of Fidelity Websites falls within the scope of those other agreements, to the extent that there is any conflict between these Terms and those other agreements, Your other agreements will apply.

Qualifications & exceptions

  • Another forum is possible only with Fidelity's express written agreement.
  • For accountholders and workplace-benefit users, the Scope section says other agreements apply where they conflict with these Terms.

Not stated here

  • Other agreements and additional section terms are not part of this source, so whether they set a different forum or dispute process is not described here.

Legal Rights & Agreement Rules · Restriction or exception

Disputes proceed on an individual basis only; class, collective and representative actions are excluded

Any proceedings to resolve or litigate a dispute arising from the Terms or Your use of the Fidelity Websites will be conducted solely on an individual basis. Neither You nor Fidelity will bring such proceedings, or seek to have them heard, as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or representative action.

Supporting quotations

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING FROM THESE TERMS AND/OR YOUR USE OF THE FIDELITY WEBSITES WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR FIDELITY WILL BRING SUCH PROCEEDINGS OR SEEK TO HAVE SUCH PROCEEDINGS HEARD AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
Where Your use of Fidelity Websites falls within the scope of those other agreements, to the extent that there is any conflict between these Terms and those other agreements, Your other agreements will apply.

Qualifications & exceptions

  • For accountholders and workplace-benefit users, the Scope section says other agreements apply where they conflict with these Terms.

Not stated here

  • Other agreements and additional section terms are not part of this source, so whether they treat class or representative actions differently is not described here.

Legal Rights & Agreement Rules · Context

If a provision is unenforceable, it is enforced as far as permissible and the rest remains in effect

If a court of competent jurisdiction deems any provision of the Terms unenforceable or in conflict with applicable laws, rules or regulations, present or future, that provision will be enforced to the maximum extent permissible and the remaining provisions remain in full force and effect.

Supporting quotations

Severability
If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.