- I (We) understand that this Agreement ("Agreement") between me (us) and Fidelity Charitable states the terms and conditions of my (our) use of Fidelity Charitable's electronic services. In offering Fidelity Charitable electronic services, Fidelity Charitable is making available to me (us) interactive computer services which allow me (us) to access Fidelity Charitable account information via electronic transmission for use on compatible personal, home, or small business computers with modems which can connect to the appropriate telecommunications network. I (We) agree to use Fidelity Charitable's services only in accordance with this Agreement and that any additional services offered by Fidelity Charitable in the future will only be used in accordance with this Agreement. Fidelity Charitable may amend or terminate this Agreement upon written notice from Fidelity Charitable.
- I (We) shall be the only authorized users of Fidelity Charitable's services under this Agreement. I (We) agree to keep confidential and not publish, broadcast, retransmit, reproduce, commercially exploit, or otherwise re-disseminate the data, information, or services provided under this Agreement. I (We) shall be responsible for the confidentiality and use of my (our) password(s) and other security data, methods and devices.
- I (We) agree that Fidelity Charitable's electronic services are the proprietary property of Fidelity Charitable and/or third parties from whom Fidelity Charitable has obtained rights to provide access to Fidelity Charitable's donors, Account Holders, and other authorized parties. I (We) agree not to use Fidelity Charitable electronic services except as authorized by this Agreement and, in any event, not to make it available to any third parties.
- I (We) further understand and agree that any information furnished to me (us) by use of Fidelity Charitable's electronic services shall be subject to the following terms and conditions: (a) I (We) shall immediately notify Fidelity Charitable if there is unauthorized use of my (our) passwords and other security data. (b) I (We) shall immediately notify Fidelity Charitable if there are any discrepancies with my account information. (c) All notifications to Fidelity Charitable pertaining to this Agreement shall be directed to:
200 Seaport Boulevard, Z3B
Boston, MA 02110
If I (we) fail to notify Fidelity Charitable when any of the above conditions occur, neither Fidelity Charitable nor any of its employees, agents, affiliates, subsidiaries, or its parent, nor any third parties, can or will have any responsibility or liability to me (us) or to any other person whose claim may arise through me (us) for any claims with respect to the handling or mishandling of my account. I (We) accept full responsibility for the monitoring of my (our) Giving Account.
- Any liability arising out of any action or omission by Fidelity Charitable to provide services to me (us) hereunder shall be limited to an amount equal to the benefit which would have resulted from the transaction during the five (5) business days in which I (we) should have acted.
- I (We) understand that Fidelity Charitable will not be responsible for the accuracy, completeness, or use of any information received by it or received by me (us) from outside data sources through Fidelity Charitable's electronic services and that Fidelity Charitable does not make any warranty concerning such information. I (We) agree that neither Fidelity Charitable nor any third party working with Fidelity Charitable 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. I (We) agree to provide all telephone and other equipment to access Fidelity Charitable's electronic services and I (we) will be solely responsible for paying all charges related thereto.
- I (We) expressly acknowledge and agree that the use and storage of any information, including without limitation, account balances, and any other information available through use of Fidelity Charitable's electronic services is at my (our) sole risk and responsibility. NEITHER FIDELITY CHARITABLE NOR ANY THIRD PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF FIDELITY CHARITABLE'S ELECTRONIC SERVICES OR ANY INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH FIDELITY CHARITABLE. IN NO EVENT WILL FIDELITY CHARITABLE OR ANY THIRD PARTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY DEFECT IN OR USE OF FIDELITY CHARITABLE ONLINE.
- I (We) agree that Fidelity Charitable may discontinue Fidelity Charitable's electronic services in whole or in part, at any time, and that Fidelity Charitable may modify or change the terms of it, in whole or in part, at any time and from time to time. I (We) agree that Fidelity Charitable may immediately terminate its services if I (we) breach this Agreement or if I (we) have jeopardized the proper and efficient operation of its services. Any unauthorized use of Fidelity Charitable's electronic services, whatsoever, shall result in automatic termination of this Agreement.
- I (We) understand that my (our) use of Fidelity Charitable electronic services is subject to the terms of a license agreement contained with the service. I (We) agree to be bound by the terms of such license agreement, including without limitation the prohibitions on distribution and copying, the exclusion of all representations and warranties, and the limitation of remedies to the replacement of defective disks.
- I (We) agree that Fidelity Charitable shall not be under a duty to inquire as to the authority or propriety of any instructions given to Fidelity Charitable by me (us), and shall be entitled to act upon any such instructions; and Fidelity Charitable will not be liable for any loss, cost, expense or other liability arising out of any such instructions. I (We) understand that telephone calls to Fidelity Charitable may be recorded, and hereby consent to such recording.
- To the extent that any Fidelity Charitable electronic services utilize Internet services to transport data or communications, Fidelity Charitable will take reasonable security precautions, but Fidelity Charitable disclaims any liability for interception of any such data or communications. Fidelity Charitable shall not be responsible for, and makes no warranties regarding, the access, speed or availability of Internet or network services.
- I (We) recognize that my (our) use of Fidelity Charitable electronic services may involve the transmission to me (us) of information that may be considered personal financial information, including but not limited to the balances in pools in my account. I (we) consent to the transmission by electronic means of such information through any system, service or product named or referred to in the preceding sentence; such consent shall be effective at all times that I (we) use any such system, service or product.
Information on Fidelity Charitable and Pooled Income Fund Performance
The pool returns of Fidelity Charitable are based on the total returns of the mutual funds in the pool minus Fidelity Charitable's operating expenses. The total return of each mutual fund includes change in share price and reinvestment of dividend and capital gains, and the effect of the fund's management fee and other expenses. Past performance is no guarantee of future results. The total returns of the Pooled Income Fund are based on the total return of the underlying mutual funds minus the Pooled Income Fund's operating expenses. The total return of each mutual fund takes into account its management fee and other expenses. Past performance is no guarantee of future results. Income and the value of the account will fluctuate.