Customer Ratings and Reviews Terms of Use

These Terms of Use govern your conduct associated with the Customer Ratings and Review service (the "CRR Service") offered by Fidelity Investments and its affiliates (collectively, "Fidelity Investments" or "Fidelity"). To the extent there is any conflict between Fidelity's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

By submitting any content to Fidelity, you represent and warrant that:

You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:

For any content that you submit, you grant Fidelity a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Fidelity shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Fidelity with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.

Any content that you submit to Fidelity may or may not be published or used by Fidelity. Fidelity reserves the right to edit, condense or delete any submitted content that is ultimately posted on Fidelity's website if Fidelity deems, in its sole discretion, that such content violates the content guidelines or any other provision of these Terms of Use. Fidelity does not guarantee that you will have any recourse through Fidelity to edit or delete any content you have submitted. Fidelity may also need to provide disclosures with respect to any content submitted and published by Fidelity. Fidelity reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Fidelity, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Fidelity, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

You acknowledge and agree that you have not been paid or compensated, directly or indirectly, to make any statements contained in your submission. You must disclose any relationships to Fidelity employees or officers which may color or influence the content of your submission.

By submitting a review, you agree that Fidelity may contact you about your review and for other administrative purposes. Fidelity may share your comments [along with identifying information] to our third-party service providers, including credit and debit card providers, solely for customer service purposes. By submitting a review, any 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.

Fidelity DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE REVIEW SUBMISSION FORM OR PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE REVIEW SUBMISSION FORM AND PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND Fidelity DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.

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 inability to use, the review submission form or process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the review submission form or process, or any related website, even if Fidelity 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 agree to indemnify and hold Fidelity (and their respective officers, directors, agents, subsidiaries,joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

These Terms of Use and their enforcement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Massachusetts and further agree that any cause of action arising under these Terms of Use 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 of Use.

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