The FutureTimeline Application Powered by Fidelity Investments for Facebook
Terms and Conditions
These terms and conditions (“Terms and Conditions”) govern your use of The FutureTimeline Application powered by Fidelity Investments for Facebook (the “App”) provided by Fidelity Brokerage Services LLC (which together with its affiliates, subsidiaries, agents, independent contractors, designees and assignees shall be referred to collectively as “Fidelity”). By checking the box and selecting the “Continue” button, you agree to be bound by, and to act in accordance with, the Terms and Conditions in order to use and interact with the App. In this document, “you” and “your” refers to the user of the App.
Notification of Changes
We may change or revise these Terms and Conditions from time to time by updating this posting. Your use of the App reaffirms your continuing agreement to the then-current Terms and Conditions.
By checking the box and clicking the “Continue” button, you agree to share certain personally identifiable information you make available through your Facebook account profile, such as but not limited to your name, birthday, job history and relationship status, with Fidelity solely for the purpose of supporting the App and providing a customized user experience. You further acknowledge and agree that any of your personally identifiable information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Fidelity provided that in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Fidelity.
All information available on the App is provided to you solely for informational purposes and is not intended to provide tax, legal, insurance, investment or other personal finance advice. Fidelity will not utilize information provided through the App for the purpose of determining the suitability of any securities transactions between you and Fidelity. No information provided through the App should be construed, explicitly or implicitly, as an offer to sell, a solicitation of an offer to buy, an endorsement, guarantee or recommendation for any product or service by Fidelity, its affiliates or any third party. The information provided through the App may include general guidance, information and/or education based upon information that you provide. Guidance provided by Fidelity is educational in nature, is not individualized, and is not intended to serve as the primary or sole basis for your investment or tax-planning decisions. You agree that you are solely responsible for determining whether any such information or guidance is appropriate for you based on your personal situation. It is your sole responsibility to make your own determination whether an investment in any particular security or strategy is consistent with your investment objectives, risk tolerance and financial situation. You should seek professional advice or consultation, such as with an attorney, tax or other professional regarding your specific legal, tax or any other situation. Keep in mind that investing involves risk.
You agree not to upload, post or transmit to or distribute or otherwise publish through the App any materials which (i) restrict or inhibit any other user from using the App, or contain a virus, spyware or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the App or are libelous, defamatory or offensive. You agree to abide by the copyrights, trademarks and other intellectual property and proprietary rights of Fidelity.
You agree not to use behavior that does not support a safe and comfortable environment for all users, or to engage in any proselytizing or commercial activity.
You agree not to use language which violates or infringes in any way on the rights of others, which is threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable. No language which suggests or encourages conduct which is a state or federal offense or gives rise to civil liability or otherwise violates any state or federal law. No language which in Fidelity’s opinion restricts, taints or inhibits others from enjoying or using the App.
You agree not to discuss, promote or endorse any specific securities, attempt to manipulate the securities markets or post any non-public or "inside" information. The App is not a place to tout or hype stocks. You should not trade or make investment decisions based upon information that you receive while on the App.
You agree that your submission will not discuss or predict any current or future performance with respect to individual securities, including with respect to any securities currently held by you, nor will you discuss your intentions to purchase or sell a particular security or provide positive or negative statements about an individual security.
You agree that Fidelity has the unrestricted right to use the ideas, statements or information that you submit through the App in perpetuity in any and all media, including but not limited to digital and electronic media, computer, audio and audiovisual media (whether now existing or hereafter devised), in any language, throughout the world, and in any manner, for trade, advertising, promotional, commercial, or any other purposes without further review, notice, approval, consideration or compensation of any kind. You agree that such content is not subject to any third party agreements, nor will Fidelity be required to pay or incur any sums to any person or entity as a result of use of the content.
You agree that you will not advertise or offer to sell any goods or services, promote any surveys, contests, sweepstakes or chain letters.
You agree that you will not solicit for employment (as applicant or employer).
You agree not to mention identifiable information about a Fidelity representative or branch specifically. You can do so in general terms but not in any way that could identify the branch or representative involved.
You agree not to use any individual’s name, likeness or voice, in whole or in part, without permission.
You agree that Fidelity does not endorse the information submitted through the App
You agree that you will not promote, discuss or respond to any media inquiry regarding your participation in the App without the express permission of Fidelity.
Fidelity does not warrant the accuracy or reliability or any other aspect of any posting, submissions or other information distributed through the App, and reserves the right to remove any content from the App in its sole discretion or to remove offensive or otherwise inappropriate content at any time without notice.
Fidelity and/or its agencies endeavor to maintain this App and its operation, but are not, and cannot be, responsible for any defects that may exist in the App or its operation. As to the operation of the App, Fidelity expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Fidelity makes no warranty that (i) the operation of the App will meet the user's requirements; (ii) access to the App will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the App will be accurate or reliable; or (iv) defects will be corrected. You (and not Fidelity) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this App.
Limitation of Liability
Under no circumstances shall Fidelity and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the App or any materials in this App, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the App or information available in the App. Fidelity shall not be liable even if Fidelity or a Fidelity authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
You hereby release Fidelity from any and all liability that may arise in connection with your use of the App and you agree to defend, indemnify and hold Fidelity, its affiliated entities and their respective service providers harmless from any and all claims, demands and damages (actual and consequential) of every kind and nature made by any third party against Fidelity due to or arising out of your participation in the App and/or any breach by you of these Terms and Conditions.
The App is provided for informational purposes only and should not be considered investment advice or guidance, an offer of or a solicitation of an offer to buy or sell securities, or a recommendation or endorsement by Fidelity of any security or investment strategy. Fidelity makes no guarantees that information supplied is accurate, complete, or timely, and does not provide any warranties regarding results obtained from their use.
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. You agree to submit to jurisdiction in Massachusetts and further agree that any cause of action arising under this Agreement may be brought in a court in Boston, Suffolk County, Massachusetts, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fidelity with the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on the Fidelity Sites; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. Fidelity's Agent for Notice of claims of copyright infringement can be reached as follows: Irwin N. Barnes, Esq., Fidelity Investments, One Destiny Way Westlake, TX 76262 617-563-7815 CopyrightClaim@fmr.com
Fidelity does not endorse or approve any information provided by any user or any third party in the App. Fidelity’s failure to act with respect to a breach by you or others does not waive Fidelity’s right to act with respect to subsequent or similar breaches. The failure of Fidelity to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect these Terms and Conditions.
Fidelity and Facebook are not affiliated.
Fidelity Brokerage Services LLC, Member NYSE, SIPC.