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Subject to and conditioned upon my consent to the terms set forth in this Electronic Services User Agreement ("Agreement"), Fidelity Charitable grants me a limited, revocable, nontransferable and nonexclusive license to use Fidelity Charitable's Electronic Services (the "Services"). Such license is in addition to any additional agreement(s) referred to and incorporated into this Agreement below with respect to the Services generally or certain programs and services that may be accessed via the Services.
I understand that this Agreement is between me and the Fidelity Investments Charitable Gift Fund (“Fidelity Charitable”) and states the terms and conditions of my use of the Services. I agree to use the Services only in accordance with this Agreement. If I do not agree with the terms of this Agreement, I understand I may not use and agree to refrain from using the Services. The Services include but are not limited to the Fidelity Charitable App for iOS® and any online system, web-based, wireless or otherwise, established by Fidelity Charitable directly or through online business partners that Fidelity Charitable may make available in the future. The Services and the data, information and content available to me through the Services depend on my Giving Account(s) at Fidelity Charitable and the nature of my relationship with Fidelity Charitable. The Services make available to me a variety of interactive computer, handheld device and telephone services which may allow me to access my eligible Giving Accounts at Fidelity Charitable, recommend grants to eligible grant recipients, and view Giving Account information. Certain Services may be available via one or more different types of electronic devices or means, including a personal computer, handheld device, one-way pager, two-way pager, email, facsimile, internet-ready telephones, personal data assistants or other electronic means (collectively, "Access Devices") as Fidelity Charitable may elect from time to time. Available Access Devices may differ among different offerings within the Services. The Services may be marketed under various brand names including, without limitation, "Fidelity Charitable Mobile".
I understand that my use of certain of the Services may be subject to the terms of a license agreement contained with any software required for such Service, and that my use of the Services may be subject to license or usage terms posted online by Fidelity Charitable. I agree to be bound by the terms of such license agreements and terms, including without limitation the prohibitions on distribution and copying, the exclusion of all representations and warranties, and the limitation of remedies.
I understand the Services may provide access to other programs 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. In the event of a conflict the terms of such separate user agreement will prevail with respect to such specific programs or services, including without limitation different policies concerning error resolution and liability may apply, as described in the separate agreement.
I shall be the only authorized user of the Services under this Agreement and shall only use the Services for my personal, non-commercial purposes. I agree not to re-disseminate, publish, broadcast or otherwise commercially exploit any information obtained through the Services in any manner to third parties without the express written consent of Fidelity Charitable, unless I have otherwise agreed in writing with Fidelity Charitable based on the nature of my relationship. I shall be responsible for the confidentiality and use of my password(s), User Identification Numbers, Personal Identification Numbers ("PIN") and other security data, methods and for the physical security of my Access Devices. I understand that I shall be solely responsible for all orders electronically transmitted, or use of any data, information, or services obtained, using my passwords, PINs, User IDs, security codes and other security data. I accept full responsibility for the monitoring of my Giving Account. I agree that Fidelity Charitable shall not be under a duty to inquire as to the authority or propriety of any instructions or recommendations given to Fidelity Charitable by me or via my PIN, and shall be entitled to act upon any such instructions and/or recommendations; and Fidelity Charitable will not be liable for any losses I incur (including any claims, damages, actions, demands, or other losses, as well as any costs, expenses charges, attorneys' fees, or other fees and expenses incurred by me, or other liability arising out of any such instructions or recommendations, as long as such instructions and/or recommendations reasonably appear to be authentic). I agree that the Services are the proprietary property of Fidelity Charitable and/or third parties from which Fidelity Charitable has obtained rights. Information available through the Services is the property of Fidelity Charitable or the applicable third party data and/or content licensors or providers (collectively, the "Providers") and is protected by applicable copyright law.
I understand and agree that if I cannot fulfill a grant recommendation from the investment pool or Charitable Investment Advisory Program (CIAP) position I have specified, Fidelity Charitable may liquidate other positions in my Giving Account to fulfill the grant. Also, I understand that Giving Account balances provided may not reflect current market prices. I understand that there may be delays with or interruptions or failures of the Services and I agree to accept the risk and responsibility associated with such delays, interruptions and failures. I understand that Services availability and response time may be subject to certain conditions. Fidelity Charitable shall not be responsible for, and makes no warranties regarding, the access, speed or availability of the Services, Internet or network services.
By using the Services, I recognize that the use of these Services depends on certain factors outside of Fidelity Charitable's control, and is subject to current limitations of wireless and network technologies. By using these Services, I agree that Fidelity Charitable is not responsible for any losses in my Giving Account resulting from my use and acknowledge the following risks: (1) wireless access may be delayed or interrupted, or may be unavailable; (2) data transmitted through wireless access may be intercepted by unauthorized persons; (3) my failure to physically secure my wireless device or to protect my passwords can result in unauthorized access to my Giving Account(s); (4) the accuracy and timeliness or completeness of data transmitted through wireless access cannot be guaranteed; and (5) response times may be delayed by volume or systems capacity. If you are unable to perform a transaction through the Services, go to FidelityCharitable.org or call 1-800-952-4438.
The Services are provided for informational and/or educational purposes and are not intended to provide tax or legal advice and should not be construed as a charitable solicitation to contribute to Fidelity Charitable, or as an endorsement of any grant recipient organization(s). I acknowledge that my requests for information through the Services are unsolicited, and 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 Giving Accounts. I understand that I alone am responsible for determining whether any transaction is appropriate for me and that neither Fidelity Charitable nor any Provider has made any determination that any recommendation or strategy in such information is suitable or appropriate for me based on my charitable giving objectives and financial situation. I agree not to rely solely on the information received via the Services in making my charitable giving decisions. I assume all risks associated with requesting that Fidelity Charitable send messages to Access Devices that may not utilize personalized security codes or encryption. I understand that if I leave my Access Device unattended during or after using the Services, an unauthorized user may be able to use such Access Device to place orders in or otherwise access my Giving Account(s), personal information and/or view information I entered into the Services. I understand this type of risk can be minimized, for example and as applicable, by logging out of the Services and closing my Internet browser when my computer is unattended by me or keeping my Access Devices under my physical control.
I recognize that my use of the Services may involve the transmission to me of information that may be considered personal information. By using the Services, I consent to the transmission by electronic means of such personal information through the Services; such consent shall be effective at all times that I use the Services. I acknowledge that Fidelity Charitable cannot assure the security or privacy of electronic transmission of such information. Accordingly, I must assess whether my use of the Services is adequately secure to meet my particular needs. For certain types of transactions, Fidelity Charitable may request personalized security codes or other information, and may utilize encryption. I understand that my use of certain aspects of the Services, including without limitation two-way paging and other wireless Internet or network services, may allow others to identify my geographical location. Fidelity Charitable will not be liable for any losses resulting from unauthorized transactions if the transaction reasonably appears to be authentic. Fidelity Charitable will take reasonable security precautions, but Fidelity Charitable disclaims any liability for interception of any personal information, data or communications.
If I need a paper version of a transaction confirmation, I will call Fidelity Charitable at 1-800-952-4438 to request that a copy be sent through the mail.
Fidelity Charitable may post privacy policies on its Web sites or make them available through the Services. I understand that telephone calls to Fidelity Charitable may be monitored or recorded, and hereby consent to such monitoring or recording.
As an Account Holder or Authorized Interested Party of a Giving Account at Fidelity Charitable, I understand that I am responsible for monitoring my Giving Account. This includes making sure, if I am the Primary Account Holder, that I am receiving transaction confirmations, statements and any other expected communications. It also includes reviewing these documents to see that information about my Giving Account is accurate and contains nothing suspicious. I understand that all transactions made using the Services are at my sole risk and responsibility. I further understand I must notify Fidelity Charitable of the existence of certain circumstances relating to my use of the Services. Specifically, I agree that any transactions made by me and any information furnished to me by use of the Services shall be subject to the following terms and conditions to the extent such terms and conditions are not superseded by applicable laws and/or regulations:
a. If I have received confirmation of a transaction that neither I nor any other Account Holder or Authorized Interested Party on my Giving Account have made, or any similar conflicting report, I shall immediately notify Fidelity Charitable.
b. If there is a discrepancy in the Giving Account balance, investment pool or CIAP positions, or grant history reported to me by Fidelity Charitable, I shall immediately notify Fidelity Charitable.
c. If there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or my Giving Account, I shall immediately notify Fidelity Charitable.
d. If I have not received a communication I expected, or if I have a question or believe I have found an error in any communication from Fidelity Charitable, I will notify Fidelity Charitable immediately.
e. I shall immediately notify Fidelity Charitable if the PIN I use with the Services is lost or stolen or if there is unauthorized use of my PIN.
If I fail to notify Fidelity Charitable when any of the above conditions (a) - (d) occur (and in any event if the above condition (e) occurs), neither Fidelity Charitable nor any of its employees, agents, affiliates, or control persons, 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 Charitable, Fidelity Charitable shall not be liable for any claims, demands, actions, losses, damages, liability, costs, charges, counsel fees, or expenses of any nature ("Losses") related to the Services except as expressly set forth in this Agreement. I understand that Fidelity Charitable shall not be deemed to have received any instructions or recommendations electronically transmitted by me until Fidelity Charitable has acknowledged to the Primary Account Holder on my Giving Account that the instructions or recommendations have been received by Fidelity Charitable.
I understand that so long as Fidelity Charitable sends communications to me at the physical or electronic address of record given by me to Fidelity Charitable (even if I have given different or conflicting information to Fidelity Investments), or to any other address given to Fidelity Charitable by an authorized person, the communications are legally presumed to have been delivered, whether I actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless I specifically tell Fidelity Charitable otherwise. All notifications to Fidelity Charitable pertaining to this Agreement shall be directed to:
Attn: Donor Services
P.O. Box 770001
Cincinnati, OH 45277-0053
or by calling 1-800-952-4438
Any liability arising out of the Services for which Fidelity Charitable is determined to be responsible shall be limited to an amount equal to the benefit that I would have realized up to the time by which I should have notified Fidelity Charitable, as specified in this Agreement. While all information accessible through the Services has been obtained from sources believed to be reliable, I understand that Fidelity Charitable will not be responsible whatsoever for the accuracy, timeliness, completeness, or use of any information received by it or received by me from Fidelity Charitable or any Provider through the Services and that Fidelity Charitable does not make any warranty concerning such information. I agree that neither Fidelity Charitable nor any Provider or third party working with Fidelity Charitable to provide Services hereunder shall be responsible for any Losses caused by telecommunications network, encryption or communications line failure, unauthorized access, theft, systems failure, systems delays and other occurrences beyond its reasonable control. To the extent that any Services use Internet, wireless or related electronic or telephonic 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.
I expressly acknowledge and agree that the use and storage of any information, including without limitation, transaction activity, Giving Account balances, and any other information available through use of the Services is at my sole risk and responsibility.
FIDELITY CHARITABLE DOES NOT, NOR DOES ANY PROVIDER OR OTHER THIRD PARTY, MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO THE SERVICES OR ANY INFORMATION, PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH THE SERVICES. THE SERVICES MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIDELITY CHARITABLE CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND ALL INFORMATION MADE AVAILABLE THROUGH THE SERVICES. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SERVICESIS 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. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL FIDELITY CHARITABLE, ANY PROVIDER OR ANY OTHER THIRD PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED BENEFITS ARISING OUT THE USE, RESULTS OF USE, OR INABILITY TO USE THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMIT MAY NOT APPLY TO ME.
I agree to indemnify and hold harmless Fidelity Charitable from and against Losses arising from my: i) use of any aspect of the Services over which Fidelity Charitable does not exercise exclusive control; ii) violation of this Agreement; or iii) violation of any third party's rights (including, without limitation, any Provider), including but not limited to copyright, proprietary and privacy rights. This indemnification and hold-harmless obligation will survive the termination of the Agreement.
I understand that the Services are intended to be made available only to persons in the United States. In addition, Fidelity Charitable may limit access to all or a portion of the Services to Fidelity Charitable Account Holders and Authorized Interested Parties who meet certain criteria ("Eligibility Criteria"). The identification of Eligibility Criteria is within Fidelity Charitable's sole discretion and is subject to change at any time and from time to time. The Services may provide access to information regarding additional products and services that may be subject to different Eligibility Criteria than those required to qualify for the Services.
I agree to be liable for any and all fees, charges or expenses that Fidelity Charitable may charge or I may incur in connection with the use of the Services by me or any other person through use of my PINs, User IDs, passwords, security codes, equipment, or otherwise, if any. I understand that the rates, fees, billing and terms governing services provided by Access Device vendors, the Providers or other third party service providers may be determined solely by such third party. I understand and acknowledge that Fidelity Charitable is not delivering telecommunication, Internet, paging services or any other means of electronic access and that I am responsible for maintaining appropriate contracts with third parties to obtain such services and I will be solely responsible for paying all charges related thereto. I agree to obtain access to and be solely liable for all payments related to all equipment and Access Devices necessary to access the Services. I further understand that my ability to make use of the Services may be limited by technical or other limitations present in the equipment and Access Devices I use to access the Services.
The Services may include access to news headlines, general news and information, commentary, interactive tools, research reports and data concerning the charitable giving and other subjects. Some of this content is supplied by Providers that are not affiliated with Fidelity Charitable ("Third Party Content"). The source of all Third Party Content is identified. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content Provider(s) credited.
Fidelity Charitable has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content Providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give legal or tax advice.
While Fidelity Charitable makes every attempt to provide accurate and timely information to serve the needs of users, neither Fidelity Charitable nor the Providers guarantee the accuracy, timeliness, completeness or usefulness of any data, information or messages disseminated by any party (including, without limitation, Third Party Content) and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from Providers' or any other third party sites. Third Party Content is provided for informational purposes only and Fidelity Charitable and the Providers of Third Party Content specifically disclaim any responsibility for Third Party Content available on the site. I will use Third Party Content only at my own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In order to comply with applicable laws and regulations, Fidelity Charitable may exclude content and/or engage in other content filtering from time to time based on objective criteria. All content on the Services is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons. In addition, I am responsible for setting the cache settings on my Access Device to ensure I am receiving the most recent data.
Fidelity Charitable shall not be liable in any way, and I agree to indemnify and hold harmless Fidelity Charitable from and against any and all Losses arising from or occasioned by (a) any inaccuracy, error, or delay in, or omission of, (i) any data, information, or message disseminated by any party 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 Charitable or any other disseminating party or to any "force majeure" (i.e., acts of God, acts of terrorism, acts of civil or military authority including governmental priorities, fires, floods, wars, insurrections, riots, extraordinary weather conditions, earthquake, labor dispute, accident, communications, or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party.
I understand that the data, content, reports and tools available through the Services are subject to change at any time and from time to time without prior notice to me.
I agree that Fidelity Charitable may modify, change, or discontinue the Services in whole or in part, at any time. I agree that Fidelity Charitable may immediately terminate its provision of the Services to me if I breach this Agreement, if I have jeopardized the proper and efficient operation of the Services, or if I engage in activity which is contrary to Fidelity Charitable's policies. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement.
Fidelity Charitable may revise, modify or amend this Agreement at any time without notice. While Fidelity Charitable will generally notify me of changes to this Agreement, I understand I should check this Agreement regularly. I further understand that this Agreement will be provided to me on an annual basis, irrespective of whether the Agreement has been revised, modified, or amended since I last assented to the terms of the Agreement. If a court of competent jurisdiction deems any provision of this Agreement unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
I acknowledge that this Agreement, as well as any additional terms and conditions which may be incorporated herein pursuant to Section 2 (Incorporation of Other Fidelity Charitable Agreements), constitutes the entire agreement between Fidelity Charitable and me with respect to its subject matter and supersedes all prior agreements. 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 Charitable's successors and assigns, whether by merger, consolidation, or otherwise. Fidelity Charitable may send notices by U.S. mail, via electronic broadcasts through the Services, or through other means, to inform me of changes to the Services or this Agreement.