Terms and Conditions — Authorized Agent
Your Commitments to Fidelity
By signing in the appropriate place on the Account Authority form,
you, the authorized agent:
• Acknowledge that you have received and read this agreement,
and that you understand and agree to its terms.
• Agree to be solely responsible to the account owner(s) for all
investment decisions, trading strategies, and instructions placed
on the account.
• Agree to act on the account only as specifically authorized by the
account owner(s) and in compliance with all applicable laws, regu-
lations, and Fidelity policies.
• Permit us to obtain credit information, verify information you have
provided, and perform a background check on you, and to reject
or remove you as authorized agent from this or any other account,
at any time and for any reason we see fit.
• Agree to notify us in writing immediately upon the death or dis-
ability of the last surviving account owner.
• Acknowledge that you will not be paid for the investment man-
agement of the account(s). If you are looking to establish a
Registered Investment Advisor relationship, please contact Fidelity
Institutional Wealth Services.
Terms and Conditions — All Parties
Duration of Agent’s Authorization
Once granted to an authorized agent, trading authority will remain
in effect until any of the following occurs:
• We receive written notice signed by an owner withdrawing authority.
• We receive written notice of resignation from the authorized agent.
• We receive written notice of the death or incapacity of the last
surviving account owner or the authorized agent.
• We decide, at any time and for any reason, to remove the
authorized agent.
Indemnification
All account owners and the authorized agent agree that we are not
responsible for any losses you incur (meaning claims, damages,
actions, demands, investment losses, or other losses, as well as any
costs, charges, attorneys’ fees, or other fees and expenses) as a result
of any actions, or failures to act, on the part of the authorized agent.
Terms Concerning This Agreement
This agreement and its enforcement are governed by the laws of
the Commonwealth of Massachusetts, except with respect to its
conflicts-of-law provisions.
This agreement is in addition to any other agreements between the
parties and Fidelity and does not restrict any rights that may be cre-
ated, either now or in the future, by these agreements or by any law.
We may amend or terminate this agreement at any time. Outside of
changes originating in these ways, no provision of this agreement
can be amended or waived except in writing by an authorized rep-
resentative of Fidelity.
Fidelity may transfer its interests in this account or agreement to
any of its successors and assigns, whether by merger, consolidation,
or otherwise. You may not transfer your interests in your account
or agreement (including de facto transferal by giving a non-owner
access to the account using a PIN) except with the prior written
approval of Fidelity, or through inheritance, corporate dissolution, or
similar circumstance, as allowed by law, in which case any rights and
obligations in existence at the time will accrue to, and be binding
on, your heirs, executors, administrators, successors, or assigns.
Resolving Disputes — Arbitration
This agreement contains a pre-dispute
arbitration clause. Under this clause,
which you agree to when you sign your
account application, you and Fidelity
agree as follows:
A. All parties to this agreement are giv-
ing up the right to sue each other in
court, including the right to a trial by
jury, except as provided by the rules of
the arbitration forum in which a claim
is filed.
B. Arbitration awards are generally final
and binding; a party’s ability to have a
court reverse or modify an arbitration
award is very limited.
C. The ability of the parties to obtain doc-
uments, witness statements, and other
discovery is generally more limited in
arbitration than in court proceedings.
D. The arbitrators do not have to explain
the reason(s) for their award unless, in
an eligible case, a joint request for an
explained decision has been submitted
by all parties to the panel at least 20
days prior to the first scheduled hear-
ing date.
E. The panel of arbitrators may include a
minority of arbitrators who were or are
affiliated with the securities industry.
F. The rules of some arbitration forums
may impose time limits for bringing a
claim in arbitration. In some cases, a
claim that is ineligible for arbitration
may be brought in court.
G. The rules of the arbitration forum
in which the claim is filed, and any
amendments thereto, shall be incorpo-
rated into this agreement.
All controversies that may arise between
the account owner, authorized agent,
and Fidelity concerning any subject mat-
ter, issue, or circumstance whatsoever
(including, but not limited to, contro-
versies concerning any account, order,
distribution, rollover, advice interaction,
or transaction, or the continuation, per-
formance, interpretation, or breach of
this or any other agreement between
the parties, whether entered into or
arising before, on, or after the date any
account in Section 2 is opened) shall be
determined by arbitration in accordance
with the rules then prevailing of the
Financial Industry Regulatory Authority
(FINRA) or any United States securities
self-regulatory organization or United
States securities exchange of which
the person, entity or entities against
whom the claim is made is a member,
as you may designate. If you commence
arbitration through a United States self-
regulatory organization or United States
securities exchange and the rules of
that organization or exchange fail to be
applied for any reason, then you shall
commence arbitration with any other
United States securities self-regulatory
organization or United States securities
exchange of which the person, entity
or entities against whom the claim is
made is a member. If you do not notify
us in writing of your designation within
five (5) days after such failure or after
you receive from us a written demand
for arbitration, then you authorize
us to make such designation on your
behalf. The commencement of arbitra-
tion through a particular self-regulatory
organization or securities exchange is
not integral to the underlying agree-
ment to arbitrate. You understand that
judgment upon any arbitration award
maybe entered in any court of compe-
tent jurisdiction.
No person shall bring a putative or
certified class action to arbitration, nor
seek to enforce any predispute arbitra-
tion agreement against any person who
has initiated in court a putative class
action; or who is a member of a puta-
tive class action who has not opted out
of the class with respect to any claims
encompassed by the putative class
action until: (i) the class certification is
denied; or (ii) the class is decertified; or
(iii) the customer is excluded from the
class by the court. Such forbearance to
enforce an agreement to arbitrate shall
not constitute a waiver of any rights
under this agreement except to the
extent stated herein.
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