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Plain-English summary
This document outlines several significant risks and potential 'gotchas'. Key concerns include a strict liability cap of $100 for all damages, a waiver of class action rights (risk_flags-0002), and a waiver of the right to challenge Fidelity's assertions of irreparable harm (risk_flags-0003). Additionally, users are required to indemnify Fidelity for misuse of the websites or violations of terms (risk_flags-0004) and will lose customer protection guarantees if they share their credentials (risk_flags-0005). Data handling practices are also noted, as Virtual Assistant and live chat interactions may be recorded and shared with third parties (data_use-0001, data_use-0003), and all collected information may be retained, accessible to personnel, and shared according to the Privacy Policy. Electronic communications are not guaranteed to be encrypted (data_use-0006). Fidelity also reserves the right to terminate access for any reason without notice and modify terms at any time without direct notification (gotchas-0001). The company does not warrant the accuracy or timeliness of its website content and has no obligation to update it.
90% confidence
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High-Risk Flags
4 findings
These clauses contain terms that are known to be high-risk or could lead to significant harm. Often, but not exclusively, they are about legal disclaimers, limitations of liability, or dispute resolution. These are often non-negotiable.
high95% confidence
Waiver of Class Action Rights
Any disputes arising from these terms or your use of the websites must be conducted on an individual basis, meaning you cannot participate as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative action.
Why it matters: You lose the ability to join with others in a class action lawsuit against Fidelity, which can make it more difficult and costly to seek redress for certain types of grievances.
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.
Modification of These Terms, paragraph 5 · Citation strength: strong
high90% confidence
Waiver of Rights to Challenge Irreparable Harm Assertion
You waive any right to challenge Fidelity's assertion that your alleged use of or access to their websites caused them irreparable harm in any legal proceeding.
Why it matters: You lose the ability to dispute Fidelity's claim that your actions caused them irreparable harm, which could impact legal outcomes against you, potentially leading to immediate injunctive relief without proving actual damages or posting a bond.
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.
Prohibited Uses and Termination of Access, paragraph 8 · Citation strength: strong
high90% confidence
Indemnification for Misuse or Violation of Terms
You agree to indemnify and hold Fidelity and its Third Party Content Providers harmless from any claims, losses, liability, costs, and expenses (including attorneys' fees) that arise from your misuse of the Fidelity Websites or any content, or from your violation of these Terms.
Why it matters: You are fully responsible for any financial liabilities, including legal costs, that Fidelity incurs as a result of your misuse of their website or content, or if you violate the terms, potentially leading to significant personal expense.
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.
Security of Electronic Communications, paragraph 12 · Citation strength: strong
high95% confidence
Loss of Customer Protection Guarantee for Sharing Credentials
Sharing your access credentials or passwords for Fidelity Websites or linked external accounts will void Fidelity's Customer Protection Guarantee and may also void account protections at other firms where those accounts reside.
Why it matters: If you share your login information, you lose crucial protection against unauthorized access and potential losses, and similar protections with other financial institutions might also be invalidated, increasing your financial risk.
Do not share Your access credentials or passwords for the Fidelity Websites, or any accounts held outside of Fidelity aggregated through the Fidelity Websites, with any other persons. Doing so voids Fidelity's Customer Protection Guarantee (available here and here ) and may also void account protections at any other firm where the accounts reside.
Password Security and Notification, paragraph 2 · Citation strength: strong
Data Use and Sharing
3 findings
These clauses describe how your data is collected, processed, and shared. They may include details about data retention, third-party sharing, and your rights regarding your data.
medium95% confidence
Virtual Assistant Information Retained, Accessible, Used, and Shared
Any personal, account, or other information you provide to the Virtual Assistant, along with search information, may be retained, accessible to Fidelity personnel, and used and shared consistent with Fidelity's Privacy Policy.
Why it matters: Information you share with the Virtual Assistant is not deleted but retained and can be accessed by Fidelity personnel and shared according to their Privacy Policy, increasing the risk of exposure or secondary use beyond your immediate interaction.
Any personal, account, or other information You provide to the Virtual Assistant, as well as all search information entered, may be retained, accessible to Fidelity personnel, and used and shared consistent with Fidelity's Privacy Policy.
Limitations Regarding Information Presented, paragraph 9 · Citation strength: strong
medium95% confidence
Live Chat Interactions Recorded, Monitored, and Shared
All live chat interactions may be recorded, are subject to recordkeeping and monitoring, and may be shared with service providers for technology and services used in the chat feature or for other business purposes.
Why it matters: Your live chat conversations are not private, as they can be recorded, monitored, and shared with third-party service providers, potentially exposing your personal information to more parties.
All of the chat interactions may be recorded, are subject to recordkeeping and monitoring, and may be shared with our service providers that provide technology and services used in our chat feature or are used for other business purposes.
Limitations Regarding Information Presented, paragraph 19 · Citation strength: strong
medium95% confidence
Electronic Communications May Not Be Encrypted
Electronic communications to or from Fidelity may not be encrypted, and there is no guarantee that data, including email and personal data, will not be accessed by unauthorized third parties.
Why it matters: Your electronic communications with Fidelity are not guaranteed to be secure, meaning there's a risk that unauthorized third parties could access your emails and personal data.
Electronic (including wired and wireless) communications to or from Fidelity may not be encrypted. You acknowledge that there is no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between You and Fidelity or between You and other parties.
Security of Electronic Communications, paragraph 1 · Citation strength: strong
Cancellation and Renewal Terms
1 finding
These clauses describe conditions under which a service or subscription may be canceled or renewed, including notice periods, fees, and procedures. Automatic renewals and difficult cancellation processes are common concerns.
medium95% confidence
Modification or Discontinuance of Third-Party Content Access Without Liability
Fidelity reserves the right to immediately suspend or terminate your access to Third Party Content without notice and will not be liable for any modification or discontinuance of such access.
Why it matters: Your access to third-party content on Fidelity's websites can be stopped at any time without warning, and Fidelity will not be responsible for any resulting disruption or loss of access to that content.
Fidelity, in its sole discretion, reserves the right to immediately, without notice, suspend or terminate Your or Your agents', access to the Third Party Content. Upon termination or suspension of such access or use or upon the termination of Your relationship, You shall cease and shall cause all of Your agents to cease all use of and delete or purge any and all of the Third Party Content. Fidelity will not be liable to You for any modification or discontinuance of such access to the Third Party Content whether as a result of Fidelity's suspension or termination of the Third Party Content, Your relationship with Fidelity or for any other reason.
Third Party Content, paragraph 5 · Citation strength: strong
Gotchas
1 finding
These clauses contain terms that are not necessarily high-risk, but are worth noting. They may be unexpected, inconvenient, or place additional burdens on you. They often relate to customer support, dispute resolution, or changes to terms.
medium95% confidence
Terms Can Change at Any Time Without Notice
Fidelity Investments may modify these Terms at any time without notice to you, except where required by law. Your use of the websites constitutes acceptance of the current terms.
Why it matters: The terms of service can change without you being directly notified, meaning you must regularly check the "Terms of Use" link to stay informed of potentially significant changes.
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.
Modification of These Terms, paragraph 1 · Citation strength: strong
Protections
0 findings
These are the policies that help you. They may include money-back guarantees, clear data deletion practices, or a commitment to give you notice before a material change to the service.
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