TERMS OF USE
This agreement governs User's use of the FidelityDirectedTrustee.com
site on the Internet. By using FidelityDirectedTrustee.com, User agrees to the terms
and conditions in this Agreement. If User does not agree to the terms and conditions
in this Agreement, User is not authorized to use FidelityDirectedTrustee.com and
User should discontinue any use immediately. As used herein, "Fidelity"
means Fidelity Personal Trust Company, FSB and its affiliates, and "User"
means a Third Party Administrator (“TPA’) client of Fidelity using FidelityDirectedTrustee.com.
1. The individual accepting this agreement represents
and warrants that (i) he or she is an authorized representative of the User and
is authorized by the User to use FidelityDirectedTrustee.com , (ii) he or she is
authorized by the User to accept all of the terms and conditions of this agreement
on behalf of the User, (iii) he or she accepts this agreement on behalf of the User;
(iv) User shall use the product in conformity with all terms and conditions of this
agreement, policies, procedures and guidelines which are communicated to User from
time to time; and (iv) all acknowledgements and representations made by User are
true and accurate and Fidelity may rely on such representations and acknowledgments.
Subject to the terms of this agreement, Fidelity hereby grants User access to FidelityDirectedTrustee.com,
for the purpose of viewing account information which User is authorized to receive,
order entry and for such other uses as Fidelity may make available to User from
time to time. User is the only user of FidelityDirectedTrustee.com authorized under
this agreement. User agrees to keep confidential and not publish, broadcast, retransmit,
modify, commercially exploit, or otherwise re-disseminate the data, information,
or services provided under this Agreement.
2. User shall be responsible for the confidentiality and
use of any password, access code, PIN and other security data, methods and devices
issued to User or User's employees, representatives or agents. User agrees that
Fidelity may treat as authorized by User any instruction or communication which
uses such password, access code, PIN or other security data, methods or devices.
User understands that User shall be responsible for the use of any data, information,
or services obtained using such password, access code, PIN or other security data.
User shall immediately notify Fidelity if there is unauthorized use of User's
ID, Password or other security data.
3. User warrants and represents that User will not use
FidelityDirectedTrustee.com to convey communications or instructions for the account
of a retirement plan or access information about the account of a retirement plan
unless and until such retirement plan has done all things legally necessary to validly
authorize User to convey such communications or instructions and access such information.
User agrees that Fidelity shall not be under a duty to inquire as to the authority
or propriety of any communication or instruction given to Fidelity by User pursuant
to the terms of this Agreement, and Fidelity shall be entitled to act upon any such
communication or instruction, and Fidelity will not be liable for any loss, cost,
expense or other liability arising out of any such communication or instruction.
User understands that Fidelity shall not be deemed to have received any instruction
electronically transmitted by User until Fidelity has acknowledged that the instruction
has been received by Fidelity.
4. User agrees that FidelityDirectedTrustee.com is the
proprietary property of Fidelity and/or third parties from whom Fidelity has obtained
rights to provide access to Fidelity's customers. User agrees not to use FidelityDirectedTrustee.com
except as authorized by this Agreement and, in any event, not to make it available
to any third parties.
5. User agrees to immediately notify Fidelity if there
is a discrepancy in the account balances, transaction activity or of any other type
of discrepancy or suspicious or unexplained occurrence relating to the use of FidelityDirectedTrustee.com.
If User fails to notify Fidelity of any such discrepancy, neither Fidelity nor any
of its employees, agents, affiliates, subsidiaries, or its parent, nor any third
parties, can or will have any responsibility or liability to User or to any other
person whose claim may arise through User for any claims with respect to such discrepancy.
6. User understands that Fidelity will not be responsible
for the accuracy, completeness, or use of any information received by User from
outside data sources through FidelityDirectedTrustee.com and that Fidelity does
not make any warranty concerning such information. User agrees that neither Fidelity
nor any third party working with Fidelity to provide services hereunder shall be
responsible for any damages caused by communications line failure, unauthorized
access, theft, systems failure, and other occurrences beyond its control. User agrees
to provide all telephone and other equipment to access FidelityDirectedTrustee.com,
and User will be solely responsible for paying all charges related thereto.
7. User expressly acknowledges and agrees that its use
and storage of any information, including without limitation, tax withholding, distribution
and contribution processing information, plan reporting, transaction activity, account
balances, and any other information available through use of FidelityDirectedTrustee.com
is at User's sole risk and responsibility. NEITHER FIDELITY NOR ANY THIRD PARTY
MAKES ANY REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE IN RESPECT OF FIDELITYDIRECTEDTRUSTEE.COM OR ANY INFORMATION PROGRAMS OR
PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH FIDELITYDIRECTEDTRUSTEE.COM.
FIDELITYDIRECTEDTRUSTEE.COM IS MADE AVAILABLE TO YOU "AS IS" AND "AS
AVAILABLE" AND FIDELITY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL
BE CORRECTED. FIDELITY DOES NOT WARRANT THAT FIDELITYDIRECTEDTRUSTEE.COM WILL MEET
YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIDELITY
ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE
ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE
SAVINGS PLANS. IN NO EVENT WILL FIDELITY OR ANY THIRD PARTY BE LIABLE FOR DIRECT,
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT
IN OR USE OF FIDELITYDIRECTEDTRUSTEE.COM. 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 ACTS 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. User understands that each participating national securities
exchange or association 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. User also understands that neither Fidelity nor any participating
national securities exchange or association nor any supplier of market data 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 User agrees 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. User understands that the terms of
this Agreement may be enforced directly against me by the national securities exchanges
and associations providing market data to me.
8. User agrees that Fidelity may discontinue User's
access to FidelitydirectedTrustee.com in whole or in part, at any time, and that
Fidelity may modify or change the terms of it, in whole or in part, at any time
and from time to time. User agrees that Fidelity may modify, change, or discontinue
the Services in whole or in part, at any time. User agrees that Fidelity may immediately
terminate its provision of the Services to me if I breach this Agreement, if User
has jeopardized the proper and efficient operation of the Services, or if User engages
in activity which is contrary to Fidelity's policies. Any unauthorized use of
the Services, whatsoever, shall result in automatic termination of this Agreement.
9. User agrees to be liable for any and all fees, charges
or expenses that Fidelity may charge or User may incur in connection with the use
of the Services by User or any other person through use of User's security codes,
equipment, or otherwise.
10. User understands that telephone calls and other communications
to Fidelity may be monitored or recorded, and User hereby consents to such monitoring
or recording. User agrees that Fidelity may monitor, store and retrieve any electronic
communication transmitted on FidelitydirectedTrustee.com.
11. Fidelity or its third party agent will take reasonable
security precautions concerning the electronic transmission of data or communications
on FidelitydirectedTrustee.com, 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 internet or network
services.
12. User recognizes that User's use of FidelitydirectedTrustee.com
will involve the transmission to User of personal financial information about User
or User's clients, including but not limited to the transactions, orders, account
balances and holdings in User's account or the accounts of User's clients.
User consents to the transmission by electronic means of such information through
the internet, and such consent shall be effective at all times that User uses.
13. FidelitydirectedTrustee.com and any underlying technology
may not be accessed or exported outside the United States or to any foreign entity
or "Foreign Person" as defined in the U.S. government regulations, including
without limitation, anyone who is not a citizen, national or lawful permanent resident
of the United States. By downloading data or using FidelitydirectedTrustee.com,
User agrees to the foregoing and User warrants that none of User or User's employees,
representatives or agents using FidelitydirectedTrustee.com is a "Foreign Person"
or under the control of a "Foreign Person." Use of FidelitydirectedTrustee.com
is limited to within the United States, and the information within the Product is
only for persons in the United States. Nothing in FidelitydirectedTrustee.com shall
be considered a solicitation to buy or an offer to sell a security, or any other
product or service, to any person in any jurisdiction where such offer, solicitation,
purchase or sale would be unlawful under the laws of such jurisdiction.
14. In the event of any disruption in the availability
or to the functionality of FidelitydirectedTrustee.com, contact Fidelity.
15. All notifications to Fidelity pertaining to this Agreement
should be sent directly to Fidelity unless otherwise specified.
16. User acknowledges that this Agreement constitutes
the entire agreement between Fidelity and User with respect to its subject matter.
This Agreement and its enforcement shall be governed by the laws of the Commonwealth
of Massachusetts, except with respect to conflicts of law, and shall inure to the
benefit of Fidelity's successors and assigns, whether by merger, consolidation,
or otherwise. If a court of competent jurisdiction shall deem any provision unenforceable,
that provision will be enforced to the maximum extent permissible, and the remaining
provisions will remain in full force and effect.
17. As a condition of your use of Fidelitydirectedtrusteeservices.com,
you agree to indemnify and hold Fidelity and its third party providers harmless
from and against any and all claims, losses, liability, costs and expenses (including
but not limited to attorneys' fees) arising from your use of the site, or from
your violation of these Terms. This provision may not apply to participants in certain
employer-sponsored workplace savings plans.
18. Non–deposit investment products and trust services,
such as Fidelity Directed Trustee services, offered through Fidelity Personal Trust
Company, FSB ("FPT"), a federal savings bank, are not insured or guaranteed
by the Federal Deposit Insurance Corporation or any other government agency, are
not obligations of FPT or any bank, and are subject to risk, including possible
loss of principal.
19. This website uses cookies. A cookie is a small amount of data that a website sends to
a web browser on a visitor’s computer. Our cookies are used to remember User’s preferences and for security, among other purposes.
By using or logging into this website, User consents to the use of cookies. User can change settings in the browser to
prevent Fidelitydirectedtrusteeservices.com from using cookies. However, if User prevents Fidelitydirectedtrusteeservices.com
from using cookies, User may experience some inconveniences in the use of the website.
20. Fidelity Directed Trustee Services and Fidelitydirectedtrusteeservices.com
are trademarks of FMR LLC.
For information about Fidelity’s privacy policy, see Advisorchannel.com.