User Agreement

The Fidelity Labs Web Site User Agreement

This User Agreement ("User Agreement") govern your use of The Fidelity Labs Web Site found online at www.fidelitylabs.com ("Web Site") provided by Fidelity Labs, Inc. and its affiliates, subsidiaries, agents, independent contractors, designees and assignees (collectively, "Fidelity Labs").  Fidelity Labs is a Fidelity Investments company that provides innovative technology -based products and services to the public through the Web Site independently from Fidelity.com. This User Agreement, in conjunction with the Terms of Use made available at www.fidelitylabs.com/TermsofUse , govern your use of this Web Site and your participation in its user-interface platforms such as, but not limited to, blogs, community discussions, and poll voting made available on this Web Site (separately "Forum", collectively "Forums"). By checking the "Accept" box and selecting the "Save" button, you agree to be bound by, and to act in accordance with, this User Agreement in order to use the Web Site and participate in the Forums In this document, "you" and "your" refers to a submitter of content to the Web Site and/or Forums, whether or not such content is posted to the Web Site and/or Forums.  Please check the date at the end of this User Agreement for the date on which it was last updated.

Notification of Changes

We may change or revise this User Agreement from time to time by updating this posting.  Please visit the User Agreement area each time you visit the web site to keep up to date with the current terms regarding your use of the web site.  Your use of the Web Site and/or Forums reaffirms your continuing agreement to the then-current User Agreement.   Forum participants will be prompted upon login to accept any revisions to this User Agreement.

Eligibility:

Participation in the Forums is made available to persons who, on all dates of participation, are a legal resident of one of the fifty (50) United States or the District of Columbia, and are 18 years of age or older.

Privacy

Your use of the Web Site is governed under the Fidelity Privacy Policy, which is made available at http://personal.fidelity.com/accounts/services/findanswer/content/index_privacy.shtml  To the extent that you provide us with any of your personally identifiable information, Fidelity Labs will only use such information in accordance with the Fidelity Privacy Policy.

Please note that by clicking the "Save" button and agreeing to the User Agreement, 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 Labs 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 Labs. Fidelity Labs reserves the right to verify your identity, subject to and in accordance with its privacy policy, prior to or following  posting any content submitted by you to the Web Site.

Participation

Your participation in and access to the Web Site and/or Forums is solely in the discretion of Fidelity Labs and may be revoked at any time without cause and without notice.  Fidelity Labs reserves the right, in its sole discretion, to use or not to use, or to remove, any content submitted through the Web Site.

By participating in the Forums and using the Web Site you are agreeing to abide by the Code of Conduct as set forth below in this User Agreement, which may be updated and modified at any time. Should the User Agreement be modified, you will be prompted to agree again upon your next login.

In addition, you agree not to upload, post or transmit to or distribute or otherwise publish through the Web Site any materials which (i) restrict or inhibit any other user from using the Web Site, or contain a virus, trojan horses, recursive programs, spyware or other harmful, damaging or destructive 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 Web Site or are libelous, defamatory or offensive.  You agree to abide by and respect the copyrights, trademarks and other intellectual property and proprietary rights of Fidelity Labs and applicable third parties.

Confidentiality and Ownership

In the event that, in the course of your participation in any Forum, Fidelity Labs makes available for your comment any proposed or prototype features, forms, tools, products, services, ideas or business methods ("Prototypes"), you acknowledge that Fidelity Labs is, unless otherwise indicated, the exclusive owner of such Prototypes, including any and all associated intellectual property rights.  All Prototypes shall be furnished to you solely for feedback and discussion purposes, and should not be relied on for advice or for making decisions.  The information in such Prototypes may not be complete or timely, and it should not be construed as offers or recommendations for any product or service by Fidelity Labs, its affiliates or any third party.  You understand that there is no guarantee that Fidelity Labs will adopt any Prototype in its business operations.  The Prototypes must be treated as confidential information not to be disclosed to any third party.

Any ideas or expressions of ideas relating to any existing or potential Fidelity Labs product, service or advertising that you submit to the Website and/or Forums ("Submissions") will become and remain the exclusive property of Fidelity Labs, even if this User Agreement are later modified or terminated.  This means that you disclaim any proprietary rights in such Submissions and you acknowledge Fidelity Labs' unrestricted right to use the Submissions (or materials or ideas similar to such Submissions) 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 and such submissions may be reformatted, edited, modified, amplified and/or paraphrased at the discretion of Fidelity Labs.  It also means that, with the exception of your personal information, Fidelity Labs has no obligation to keep your Submissions confidential. Finally, you acknowledge that any Submissions you submit, to the best of your knowledge, do not use or incorporate proprietary or confidential information, trademarks, trade secrets or other proprietary information belonging to any other person or entity.  You hereby grant Fidelity Labs and other Forum members a perpetual, royalty free unlimited right and license to use freely all comments, suggestions, graphics, photographs and other information or materials you submit to Fidelity Labs through the Website and/or Forums ("Feedback"). 

You agree to assist Fidelity Labs, if requested, in providing documentation and confirmation demonstrating that you have the right and the license to the content you provide in your Submissions and Feedback to the Web Site and/or Forums.

You further release and waive all claims against Fidelity Labs with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.  

If you are asked to participate in an invitation only forum ("Private Forum"), such invitation should be treated as confidential, personal and non-transferable.  You may not, copy, download or disclose any of the information or ideas, including but not limited to videos, photographs, images, attached files, prototypes, discussions and blog postings that are made available in the Private Forum by Fidelity Labs, any of its service providers, or other participants. 

 

Code of Conduct and Restrictions 

With your use of these services, you agree to abide by the following code of conduct:

  • You agree that you will not share your username and password to the Forums with any other person or entity.


  • Unless specifically told otherwise, you must keep confidential all information that
    Fidelity Labs, other Forum participants, and you share within a Private Forum should you be invited to participate in one.


  • You agree not to use the Web Site in any manner that could damage or overburden any Fidelity Labs server, or any network connected to any Fidelity Labs server.  You may not use the Web Site in any manner that would interfere with any other party's use of the Web Site.
  • You agree not to use behavior that does not support a safe and comfortable environment for all members, 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 Labs' opinion restricts, taints or inhibits other from enjoying or using the forum.
  • The purpose of the Web Site and Forums is to discuss technology-related topics and issues.  It is not a forum in which to discuss investments, investment advice or plans, investment strategies, securities or financial products. 
  • 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 Web Site and/or Forums is not a place to tout or hype stocks or investment products.  You should not trade or make investment decisions based upon information that you receive while on the Web Site and/or Forums.
  • You agree that you will not include discussions of any of the following:
    • With respect to individual securities or investment products, no predictions or discussions of future or current performance of an individual security; no discussions of securities currently held by the participant; no discussions of intentions by the participant to purchase or sell a particular security; no positive or negative statements about an individual security.  Nothing can be mentioned about any securities that is or could ever be considered to be "inside information."
    • With respect to economic/market trends, no predictions on economic or market trends; no predictions on interest rates; no statements about future earnings or prices of companies.
  • You agree not to post any material, including photographs, protected by copyright, trademark, or other proprietary rights, without the express permission of the owner of the content.
  • You agree that you will not use information on the Web Site and/or in the Forums for any commercial or business purpose.
  • You agree that you will not advertise or offer to sell any goods or services, promote any surveys, contests, sweepstakes, chain letters or political campaigning. 
  • You agree that you will not solicit for employment (as applicant or employer).
  • You agree not to mention identifiable information about a Fidelity Labs representative, or Fidelity Labs company office specifically. 
  • You agree not to use any individual's name, likeness or voice, in whole or in part, without permission.
  • You agree that Fidelity Labs does not endorse the information submitted through the Web Site and/or Forums.
  • You agree that you will not promote, discuss or respond to any media inquiry regarding your participation in the Web Site and/or Forums without the express permission of Fidelity Labs.
  • You agree to receive emails from Fidelity Labs regarding Web Site and/or Forum activities.

Membership 

 

Your membership in and access to the Forums is provided solely at the discretion of Fidelity Labs, and it may be revoked at any time without cause and without notice to you. You hereby release Fidelity Labs from any and all liability that may arise in connection with your use of the Forums.

 

Disclaimer

All content available on the Website and/or Forums is provided to you solely for informational purposes and is not intended to provide tax, legal, insurance, investment or other personal finance advice. No part of the Website and/or Forums 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 Labs, its affiliates or any third party. Certain content available on the Web Site and/or Forums may provide general guidance, information and/or education based upon input that you provide. You agree that you are solely responsible for determining whether any such content is appropriate for you based on your personal situation. It is your sole responsibility to seek professional advice or consultation, such as with an attorney, tax or other professional regarding your specific legal, tax or any other situation.

 

Warranty

Please note that the content and services provided as part of the web site may be experimental in nature. 

Fidelity Labs does not warrant the accuracy or reliability or any other aspect of any Feedback, Submissions or other information distributed through the website and/or forums, and reserves the right to remove any content from the web site and/or forums.  

 

Fidelity labs and/or its agencies endeavor to maintain the web site and/or forums and its operation, but are not, and cannot be, responsible for any defects that may exist in the web site or its operation. AS TO THE OPERATION OF THE WEB SITE AND/OR FORUMS, FIDELITY LABS 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 labs makes no warranty that (i) the operation of the web site and/or forums will meet the user's requirements; (ii) access to the web site and/or forums will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful software, code or components, or free of defects or errors; (iii) the results that may be obtained from the use of the web sites and/or forums will be accurate or reliable; or (iv) defects will be corrected. You (and not fidelity labs) 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 web site and/or forums.   

 

Limitation of liability 

Under no circumstances shall fidelity labs 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 web site and/or forums or any materials in this site, whether in an action of contract, negligence or other tortious action arising out of or in connection with the use or performance of the web site and/or forums or information available in the web site and/or forums. Fidelity labs shall not be liable even if fidelity labs or a fidelity labs 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 software, code or component.

 

Indemnification

As a condition of your use of the Website and/or Forums, You agree to defend, indemnify and hold Fidelity Labs and/or its agencies harmless from and against any and all claims, losses, liability, costs and expense (including but not limited to attorney's fees) arising from your use of the Website and/or participation in the Forums, or from your violation of this User Agreement.

 

Jurisdiction

This User Agreement and any disputes arising under or related to this User Agreement (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 this User Agreement. 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, this User Agreement.

 

Miscellaneous

Fidelity Labs does not endorse or approve any Feedback or Submissions provided by any participant in the forums. Fidelity Labs's failure to act with respect to a breach by you or others does not waive Fidelity Labs's right to act with respect to subsequent or similar breaches. The failure of Fidelity Labs to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this User Agreement are included for convenience only, and shall not limit or otherwise affect this User Agreement.