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Important Information about Margin Trading and Its Risks continued
• We may also use property to satisfy a margin deficiency or other
obligation, whether or not we have made advances in connection
with this property. This provision extends to any property held by you
or carried for any account of yours, including any credit balances,
assets, and contracts, as well as shares of any mutual funds or other
investment companies for which Fidelity or an affiliate provides
management or administrative services. Although Fidelity may use
other methods when it determines they may be more appropriate,
Fidelity reserves the right to use the provisions described in this
section at any time, except in cases involving retirement accounts
when these provisions would conflict with the Employee Retirement
Income Security Act of 1974 (ERISA) or the Internal Revenue Code of
1986, both as amended.
• Retirement accounts and Fidelity BrokerageLink
®
accounts cannot
trade foreign securities or sell short, are not eligible for margin
loans, and may be subject to other rules and policies. Please see the
literature for these accounts for details.
• Your account statements will show all activity in your account
for the stated period, including securities transactions, cash and
margin balances, credits and debits, and all fees paid directly from
your account.
• You have the right to withdraw excess margin securities, provided
your account is not subject to restriction under the Federal
Reserve’s Regulation T or such withdrawal will not cause an
undermargined condition.
• In addition to reinvestment of mutual fund dividends, reinvestment of
dividends from eligible equities and closed-end funds is an option for
most Fidelity accounts, including those with margin. You can choose
to have the service apply to all eligible securities in your account, or
only to certain ones. You can request this feature on your account
application (for all securities) or subsequently by phone or in writing
(for all securities or for individual ones).
FBS is responsible for:
• Operating and supervising your account and its own activities
in compliance with applicable laws and regulations, including
compliance with federal, industry and NFS margin rules pertaining to
your margin account and for advising you of margin requirements
• Extending margin credit for purchasing or carrying securities
on margin.
By applying for margin trading, you agree:
• that you are responsible for any losses in your account that may
arise as a result of any action outlined above. Note that property
in a margin account may be pledged or repledged, hypothecated
(loaned) or rehypothecated, either separately or in common with any
other property, for as much as your obligation to us or more, without
our having to retain a like amount of similar property in our control for
delivery. Also, we may at any time, and without notice to you, transfer
any property between any of your accounts, whether individual or
joint, or from any of your accounts to any account you guarantee.
As permitted by law, we may use certain securities for, among other
things, settling short sales and lending securities for short sales and as
a result may receive compensation in connection therewith.
• that all marginable assets will be held in a margin account, unless you
tell us to the contrary (precious metals are not marginable). The Intra-
day Free Credit Balance, money in the core account, and any cash
dividends paid on marginable securities, are automatically applied to
your margin debt every month, unless you tell us otherwise.
• When you borrow on margin, you agree to maintain the level of
margin collateral we require (which we may change in our sole
discretion at any time without prior notice).
• to let us verify the information you provide and obtain credit reports
and other credit-related information about you at any time, such as
payment and employment information (whether for margin or any
other purpose), and to permit any third-party financial service provider
to do likewise.
• to authorize Fidelity to lend property of yours that has been pledged
as collateral, and to comply with all provisions of this agreement
concerning margin, including determining that margin borrowing is
appropriate for you, based on your own careful examination of your
financial resources, investment objectives, and risk tolerance.
• to refer to the Customer Agreement for more on Fidelity’s brokerage
fee schedules, fees for various features and services, and margin
borrowing charges. Note that foreign jurisdictions may impose
additional fees, taxes, or other charges from time to time, which may
not be reflected in the fee schedule in effect at that time. By placing a
trade in a foreign security, you agree to pay any such applicable fees,
taxes, or other charges, regardless of notice.
• that the credit balance in the short account will be decreased or
increased in accordance with the corresponding market values of all
short positions. Corresponding debits or credits will be posted to the
margin account. These entries in the margin account will, of course,
affect the balance on which interest is computed. Credits in your short
account, other than marking to market, will not be used to offset your
margin account balance for interest computation.
If you have any questions or concerns about your margin account or
margin generally, please contact Fidelity.
Limits to Our Responsibility
Although we strive to ensure the quality and reliability of our services,
including electronic services (such as online, wireless, and automated
telephone services), neither we nor any third party whose services we
arrange for are responsible for the availability, accuracy, timeliness, com-
pleteness, or security of any service related to your account.
You therefore 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 of the following:
• The acceptance and processing of any order placed on your account,
whether received electronically or through other means, as long as the
order reasonably appears to be authentic
• Cancellation of an accepted/executed trade in which Fidelity reason-
ably determines, in its sole discretion, that there was a data, clerical, or
other similar error in the handling or processing of the trade, including
but not limited to situations where a third party caused such error
• Investment decisions or instructions placed on your account, or other
such actions attributable to you or any authorized person
• Occurrences related to governments or markets, such as restrictions,
suspensions of trading, or high market volatility or trading volumes
• Uncontrollable circumstances in the world at large, such as wars, earth-
quakes, power outages, or unusual weather conditions
• Occurrences related to computers and communications, such as a
network or systems failure, a message interception, or an instance of
unauthorized access or breach of security
• With respect to electronically provided market data or other informa-
tion provided by third parties, any flaw in the timing, transmission,
receipt, or substance (such as any inaccuracy, error, delay, omission, or
sequence error, any nonperformance, or any interruption of informa-
tion), regardless of who or what has caused it to occur
• The storage and use of information about you and your account(s) by
our systems and transmission of this information between you and us;
these activities occur entirely at your risk
• The usage of information received by you or us through any
electronic services
• Difficulties receiving information or accessing your account that are
due to the equipment you use, including difficulties resulting from
technical incompatibilities, malfunctions, inherent limitations, or
interruptions in service