Terms of Service

Last Revised 2/6/2023

Last updated: February 6, 2023

Terms of Service

These Terms of Service ("Terms") govern your access to and use of certain personal information retrieval, management, and analytic capabilities (the "Service"), owned and maintained by eMoney Advisor, LLC ("eMoney").

The Service (also known as “eMoney Advisor” or “Full View®”) is made available to you by Fidelity Brokerage Services LLC ("FBS"), a registered broker- dealer, Fidelity Personal and Workplace Advisors LLC ("FPWA"), a registered investment adviser, or Fidelity Workplace Services LLC (“FWS”), a workplace savings plan recordkeeper, depending on your relationship with Fidelity Investments. The Service, as set forth below, includes but is not limited to certain aggregation services and certain financial modelling and financial planning tools.

FBS, FPWA, FWS, and eMoney, together with their affiliates, shall be referred to herein as "Fidelity" or "Fidelity Investments.”

These Terms are a binding agreement between you and Fidelity. By clicking "I Accept" at the time you initially accessed the Service and by continuing to use the Service, you accept and agree to be bound by these Terms. Your use of the Service is governed by the version of the Terms in effect on the date of use. Fidelity may modify these Terms at any time and without prior notice. If you continue to use the Service thereafter, your continued use of the Service constitutes acceptance of the changes and an agreement to be bound by the modified Terms. You can locate the most current version of these Terms by clicking on the Terms of Service Hyperlink located at the bottom of each Service screen. It is recommended that you review the Terms frequently as the Terms may reflect important changes to your agreement.

These Terms are in addition to any other agreements between you and Fidelity, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products, and services available on and through any Fidelity web site.


Privilege to Access and Use the Service

Subject to these Terms, you may access and use those aspects of the Service intended for access and use by Fidelity customers (including the "Customer Aggregation Services" ) and shall not (1) access or use any aspect of the Service other than those intended to be used with the Customer Aggregation Services; (2) access or use the Service for any purposes other than personal use; or (3) access or use the Service in any unlawful manner or in violation of these Terms.

You understand, acknowledge, and agree that:


Trademark, Service Mark Ownership Restrictions


Customer Aggregation Services: Linking to Non-Fidelity Accounts to Fidelity Accounts

The Service currently provides an account aggregation function that allows users to view, in a single location, consolidated financial information from accounts that a user maintains at various financial institutions, including Fidelity, as the user may identify from time to time ("Outside Accounts").

To use the Customer Aggregation Services, you understand and agree that:


Limited Power of Attorney in Favor of eMoney

For all purposes hereof, you hereby grant eMoney a limited power of attorney, and you hereby appoint eMoney as your true and lawful attorney-in-fact and agent with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to receive transmissions of your Outside Account information from the Third Party Institutions, access Third Party sites to retrieve your Outside Account information, and use and store your Outside Account information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN EMONEY ACCESSES AND RETRIEVES OUTSIDE ACCOUNT INFORMATION FROM THIRD PARTY SITES, EMONEY IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE FINANCIAL INSTITUTION THAT MAINTAINS YOUR OUTSIDE ACCOUNT.

You agree that the financial institutions shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.


The Vault : the eMoney Planning Tools Client Portal

The Service currently provides a storage and sharing capability known as the Vault. The Vault allows you to store and retrieve electronic files and provides sharing capability which allows a user to retrieve certain reports or other communications ("Vault Documents") generated by a Fidelity representative using information accessible to the representative through the Service. Your Fidelity representative is responsible for uploading Documents to the Vault. Documents to which you will have access may be added to the Vault as follows: (a) In addition to documents uploaded by a Fidelity representative, you may also upload a Document to your private Vault folder (labeled “My Vault Documents”) to which access is limited to you, or (b) you or your Fidelity representative may upload a Document to a shared folder (labeled “Shared Vault Documents”) to which you and your Fidelity representative have access.

If the Vault is made available to you in connection with your use of the Service, you understand and agree to the following with respect to My Vault Documents or Shared Vault Documents as specified below that:


Alliance Partners: eMoney Planning Tools Client Portal

In addition to the user roles of "Advisor" and "Consumer," the Service may also provide a user role that allows your other service providers, such as your banker, accountant, or attorney (known as "Alliance Partners"), to access and view all of the information stored by the Service for your benefit. For example, if available, the Alliance Partner function allows you to direct your Fidelity representative to permit your lawyer access to your information in the Service to assist with estate planning and other needs. If the Alliance Partner function is made available to you in connection with your use of the Service, you understand and agree that:


Other Terms and Conditions

Termination

Self-Directed Clients, including clients using the Full View Client Portal may terminate their Service at any time. You will have no further access to the Service or any documents after you have terminated the Service.

Clients using the eMoney Planning Tools Client Portal may terminate use of the Service at any time by contacting your Fidelity representative. Once you have terminated use of the Service, you will have no further access to the Service or any documents.

eMoney may modify or discontinue offering the Service at any time, with or without notice, for any reason or no reason.

Third Party Websites and Embedded Videos

The Service may provide links to web sites and include embedded videos that are not operated or hosted by eMoney. eMoney provides these links and/or videos for your convenience and they may be removed at any time. eMoney does not investigate the quality, accuracy, or completeness of any content on third party web sites. You acknowledge and agree that Fidelity is not responsible or liable for any content, advertising, products, or other materials on or available from third- party web sites or embedded videos. You are responsible for familiarizing yourself with the content of such third-party websites and/or embedded videos, including the applicable privacy policies related thereto. For more information on eMoney’s Privacy Policy, please click on the Privacy Policy hyperlink located at the bottom of each Service screen. For more information on Fidelity’s Privacy Policy, please visit Fidelity.com.

Restriction of Customer Aggregation Services to Individuals in the United States

Customer Aggregation Services is intended to be made available only to individuals in the United States, and the information obtained through Customer Aggregation Services is only for such persons.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THATOF THIRD- PARTY DATA PROVIDERS) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK.

THE SERVICE IS FURNISHED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIESINCLUDING,WITHOUT LIMITATION,MERCHANTABILITY,FITNESSFORAPARTICULARPURPOSE, NON-INFRINGEMENT, AVAILABILITY OF ALL OR ANY PART OF THE SERVICE, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT NEITHER FIDELITY, YOUR EMPLOYER OR PLAN SPONSOR (IF YOUR RELATIONSHIP WITH FIDELITY ARISES THROUGH FIDELITY’S WORKPLACE SERVICES) NOR ANY THIRD-PARTY DATA PROVIDER WILL BE LIABLE FOR ANY HARMS RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVENIF FIDELITY, YOUR EMPLOYER OR PLAN SPONSOR, OR THIRD PARTY DATA PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Fidelity’s Third Party Data Providers: Beneficiaries of These Terms

Fidelity's Third-Party Data Providers are considered third-party beneficiaries of these Terms, are entitled to the rights and benefits hereof and may enforce the provisions pertaining to your use of the Service contained herein, including content available through Customer Aggregation Services, as if they were parties hereto. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, or the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

Indemnification and Hold Harmless

As a condition of your use of the Service, you agree to indemnify and hold Fidelity harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Service, or from your violation of these Terms. If your use of the Service arises solely in connection with Fidelity’s workplace services, these Terms shall not modify or displace the terms of any applicable plan or your employer’s agreement with Fidelity with respect to the Service, except to the extent you are a participant in a Fidelity Investments Section 403(b)(7) Individual Custodial Account.

Severability

If any provision of these Terms is held to be unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Choice of Law

These Terms and your access to and use of the Service shall be governed by the laws of the Commonwealth of Massachusetts, except with respect to conflicts of laws or as otherwise required by applicable law.
Switch ClientStart Presenting