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Fidelity AnywhereSM User Agreement

Alert & Wireless Services User Agreement

 1.  Overview and Consent
 2.  Additional Terms and Relationship to Other Agreements
 3.  Source of Ownership
 4.  Limitations on Scope of Use
 5.  Limitations on Purpose of Information
 6.  Eligibility, Commisions and Other Applicable Fees
 7.  Charts, News & Research
 8.  Security and Privacy
 9.  Error Notification
10. Market Data
11. Warranties; Indemnification
12. Modification and Termination
13. Governing Law


1. Overview and Consent

I understand that this Agreement between me and Fidelity (Fidelity refers to Fidelity Brokerage Services LLC, Fidelity Distributors Corporation and National Financial Services LLC, as the context may require) states the terms and conditions of my use of Fidelity's alert and wireless services (individually, "Alert Services" and "Wireless Trading Services"; collectively, the "Services"). The Services may be marketed under various brand names including, without limitation, 'Fidelity Anywhere'.
I agree to use the Services only in accordance with this Agreement. If I do not agree with the terms of the User Agreement, I understand I may not use the Services.
In offering Alert Services, Fidelity is making available to me a service that allows me to request to receive from Fidelity proprietary and third party information regarding individual securities, the financial markets, Fidelity's products and services, my Fidelity accounts, securities held therein, and other information. In offering Wireless Trading Services, Fidelity is making available to me interactive electronic services which allow me to enter orders to buy, sell and exchange certain securities, and obtain information about my eligible Fidelity eligible accounts. Alert Services and Wireless Trading Services may be available via one-way pager, two-way pager, email, facsimile, internet-ready telephones, personal data assistants or other electronic means (collectively, "Access Devices") as Fidelity may elect. Available Access Devices may differ between Alert Services and Wireless Trading Services.

I recognize that my use of the Services may involve the transmission to me of information that may be considered personal financial information, including but not limited to the identity and/or number of shares of companies that I trade or hold in my eligible accounts and balances of such accounts. I acknowledge that Fidelity cannot assure the security or privacy of electronic transmission of such information. Accordingly, I must assess whether my use of the Services is adequately secure to meet my particular needs. By using the Services, I consent to the transmission by electronic means of such personal financial information. For order entry via two-way wireless devices, Fidelity will request personalized security codes or other information, and will utilize encryption. I understand that my use of certain aspects of the Services, including without limitation two-way paging and other wireless Internet services, may allow others to identify my geographical location. Fidelity will not be responsible for any losses resulting from unauthorized transactions if it follows reasonable security procedures designed to verify the identity of the investor.

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2. Additional Terms and Relationship to Other Agreements

I understand the Services may provide access to products and services that are subject to separate user agreements. I understand that, to the extent applicable, the terms of such agreements are incorporated into this Agreement by reference, to the extent such terms do not conflict with the terms of this Agreement.
I understand that all the terms and conditions which govern the account(s) at Fidelity which I access via the Services (including without limitation, the Fidelity Brokerage Customer Agreement, Margin Agreement, Options Agreement, Fidelity Brokerage Retirement Account Customer Agreement, and/or applicable mutual fund prospectus(es)) are incorporated herein by reference. In addition, I understand that trading in my account is subject to Fidelity's trading policies and limitations that are in effect and subject to change from time to time. Further, I agree that prior to my first use, I will review the applicable trading tutorial for any eligible Access Device I use to place trades through Wireless Trading Services.

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3. Source and Ownership

I agree that the Services are the proprietary property of Fidelity and/or third parties from which Fidelity has obtained rights to provide access to Fidelity's customers. Information available through the Services is the property of Fidelity, various independent data providers ("Providers") or applicable licensors and is protected by applicable copyright law.

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4. Limitations on Scope of Use

I agree to use the Services solely for my personal, non-commercial purposes. I agree to keep confidential and not re-disseminate any information obtained through the Services in any manner to any third parties without the express written consent of Fidelity, the Providers or applicable licensors.
I understand that I must use caution when placing market orders because the price of securities may change sharpyly during the trading day or after-house and that if I have limited assets to pay for a transaction, such as in a retirement account with contribution restrictions, I should consider placing a limit order. In addition, I understand and agree that if I cannot pay for a transaction, Fidelity may liquidate account assets at my risk. I also understand that during periods of heavy trading or volatility, the quotes provided as "real time" may not reflect current market prices or quotes. In addition, when quotes are rapidly changing, each quote update may not be reported to me.
I represent and agree that the following statements are and will continue to be true for so long as I have access to the Services: (a) I will not use any information or market data provided by a national securities exchange or association in connection with any professional or commercial activities, and I agree to notify you if I intend to do so and to pay any additional charges in connection therewith; and (b) I will not use the Services in conjunction with any business as a broker- dealer, investment advisor, futures commission merchant, commodities introducing broker, or commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing; and (c) If I am employed by a bank or insurance company or an affiliate of either I will not perform functions related to securities or commodity futures trading activity, except with respect to my personal account(s) with Fidelity.

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5. Limitations on Purpose of Information

The Services are provided for informational and/or educational purposes and are not intended to provide tax, legal or investment advice and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Fidelity or any Provider. I acknowledge that my requests for information through the Services are unsolicited. To the extent that any of the information available through the Services constitutes investment advice by its respective owner, such information is either statistical information containing no expression of opinion or is impersonal advice not intended to meet the objectives or needs of specific individuals or accounts. I understand that I alone am responsible for determining whether any investment, security or strategy is appropriate or suitable for me and that neither Fidelity nor any Provider has made any determination that any recommendation, investment, or strategy in such information is suitable or appropriate for me based on my investment objectives and financial situation. I agree not to rely solely on the information received via the Services in making my investment decisions.

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6. Eligibility, Commissions and Other Applicable Fees

I understand that the Services are intended to be made available only to persons in the United States. In addition, Fidelity may limit access to the Services to Fidelity customers who meet certain criteria ("Eligibility Criteria"). The identification of Eligibility Criteria is within Fidelity's sole discretion and is subject to change at any time and from time to time. The Services may provide access to information regarding additional products and services that may be subject to different Eligibility Criteria than those required to qualify for the Services.
Any commission discounts associated with the Services that may be available from time to time will not apply to any transactions that for any reason cannot be placed and executed through the Services. All commissions and payments due Fidelity shall be made directly in accordance with applicable policies.
I agree to be liable for any and all fees, charges or expenses that Fidelity may charge or I may incur in connection with the use of the Services by me or any other person through use of my security codes, Access Devices, or otherwise, if any. I understand that the rates, fees, billing and terms governing services provided by Access Device vendors or Providers may be determined solely by such third party. I understand and acknowledge that Fidelity is not delivering telecommunication, Internet, paging services or any other means of electronic access and that I am responsible for maintaining appropriate contracts with third parties to obtain such services. I agree to obtain access to and be solely liable for all payments related to all equipment and Access Devices necessary to access the Services. I further understand that my ability to make use of the Services may be limited by technical or other limitations present in the equipment and Access Devices I use to access the Services.

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7. Charts, News & Research

Historical price charts, news headlines and stories, and research (collectively, "Third Party Content") are available through certain Access Devices and are provided by various third party providers that are not affiliated with Fidelity ("Data Providers.")
I understand my use of Third Party Content is subject to all the terms and conditions of this Agreement and is also subject to the Terms of Use for Third Party Content and Research. I understand that the Data Providers, reports and tools available through the Services are subject to change at any time and from time to time without prior notice to me.

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8. Security and Privacy

I shall be responsible for the confidentiality and use of my password and other security data, and for the physical security of my Access Devices. I understand that I shall be solely responsible for all orders electronically transmitted, and the use of any data, information or services obtained, using my password and other security data. I assume all risks associated with directing Fidelity to send messages to Access Devices that may not utilize personalized security codes or encryption. I understand that if I leave my Access Device unattended during or after using the Services, an unauthorized user may be able to use such Access Device to place orders in or otherwise access my accounts, personal information and/or view trading information I entered into the Services. I understand this type of security risk can be minimized, for example, by logging out of the Services and closing my Internet browser when my computer is unattended by me or by keeping my Access Devices under my physical control. I agree that Fidelity shall not be under a duty to inquire as to the authority or propriety of any instructions given to Fidelity by me or via my password, and shall be entitled to act upon any such instructions. I understand Fidelity is not responsible for loss, cost, expense, or other liability arising out of any instructions placed through my account without my knowledge.
I understand to use the Services and request to have Fidelity send information to my Access Device, I must enter certain information through Fidelity's Internet site or through my Access Device. This information may include the identity of the types of information I am requesting Fidelity to send to me, information regarding my Access Device(s) and categories of products and services in which I am interested and my account information. I understand Fidelity's use of this and any other information I enter through the Services is subject to the terms of its Privacy Statement for Fidelity Retail. By using the Services, I agree and consent to receive Fidelity's privacy notices or policies electronically, and to such end Fidelity and its affiliates may post privacy notices or policies on its Web sites.

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9. Error Notification

I understand that all trade orders placed through the Services are at my sole risk and responsibility. I further understand I must notify Fidelity of the existence of certain circumstances relating to my use of the Services. Specifically, I agree that any trade orders given by me and any information furnished to me by use of the Services shall be subject to the following terms and conditions:
(a) If an order has been placed through the Services and I have not received a reference number reflecting the order, I shall immediately notify Fidelity.
(b) If an order has been placed through the Services and I have not received an accurate written confirmation of the order or of its execution within five (5) business days, I shall immediately notify Fidelity.
(c) If I have received confirmation of an order that I did not place or any similar conflicting report, I shall immediately notify Fidelity.
(d) If there is a discrepancy in the account balance, security positions or order status reported to me by Fidelity I shall immediately notify Fidelity.
(e) If there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Services or my account I shall immediately notify Fidelity.
(f) All notifications to Fidelity pertaining to this Agreement shall be directed to:
Fidelity Investments
Priority Services Retail Correspondence T2J
PO Box 500
Merrimack, NH 03054-9894
or by calling 1-800-544-6666
(g) I shall immediately notify Fidelity if my password and/or Access Device I use with the Services is lost or stolen or if there is unauthorized use of my password.
If I fail to notify Fidelity when any of the above conditions (a) - (f) occur (and in any event if the above condition (g) occurs), neither Fidelity nor any of its employees, agents, affiliates, subsidiaries, control persons, or its parent, nor any third parties, can or will have any responsibility or liability to me or to any other person whose claim may arise through me for any claims with respect to the handling, mishandling, or loss of any order or information. Notwithstanding my notification to Fidelity, Fidelity shall not be liable for any Losses (as defined in Section 10) related to the Services except as expressly set forth in this Agreement. I understand that Fidelity shall not be deemed to have received any order electronically transmitted by me until Fidelity has acknowledged to me that the order has been received by Fidelity. I accept full responsibility for the monitoring of my account.

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10. Market Data

I understand that each participating national securities exchange or association asserts a proprietary interest in all of the market data (including without limitation real-time quotes) it furnishes to the parties that disseminate the data. I also understand that neither any participating national securities exchange or association nor any supplier of market data guarantees the timeliness, sequence, accuracy, or completeness of market data or any other market information, or messages disseminated by any party. Fidelity shall not be liable in any way, and I agree to indemnify and hold harmless Fidelity from and against any and all claims, demands, actions, losses, damages, liability, or costs, charges, counsel fees, and expenses of any nature ("Losses") arising from or occasioned by (a) any inaccuracy, error, or delay in, or omission of, (i) any such data, information, or message or (ii) the transmission or delivery of any such data, information, or message, or (b) any Losses arising from or occasioned by (i) any such inaccuracy, error, delay, or omission, (ii) nonperformance, or (iii) interruption of any such data, information, or message, due either to any negligent act or omission by any disseminating party or to any "force majeure" (i.e., flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of any disseminating party. I understand that the terms of this Agreement may be enforced directly against me by the national securities exchanges and associations providing market data to me.
Fidelity reserves the right to limit the number of free real-time quotes, including those provided through the Services.

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11. Warranties; Indemnification

Any liability arising out of the Services for which Fidelity is determined to be responsible shall be limited to an amount equal to the benefit that would have resulted from a transaction during the time periods in which I should have acted, as specified in Section 8 of this Agreement.
While all information accessible through the Services has been obtained from sources believed to be reliable, I understand that Fidelity will not be responsible whatsoever for the accuracy, timeliness, completeness, or use of any information received by it or received by me from Fidelity or any Provider through the Services and that Fidelity does not make any warranty concerning such information. I understand that there may be delays with or interruptions or failures of the Services and I agree to accept the risk and responsibility associated with such delays, interruptions and failures. I understand that the Services availability and response time may be subject to market and other conditions. I agree that neither Fidelity nor any third party working with Fidelity to provide services hereunder shall be responsible for any damages caused by telecommunications network, encryption or communications line failure, unauthorized access, theft, systems failure, systems delays and other occurrences. To the extent that any Services use Internet, wireless or related electronic or telephonic services to transport data or communications, Fidelity will take reasonable security precautions, but Fidelity disclaims any liability for interception of any such data or communications. Fidelity shall not be responsible for, and makes no warranties regarding, the access, speed or availability of such services.
I expressly acknowledge and agree that the use and storage of any information, including without limitation, portfolio information, transaction activity, account balances, and any other information or orders available through use of Online Services is at my sole risk and responsibility.
NEITHER FIDELITY NOR ANY PROVIDER MAKE ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ONLINE SERVICES OR ANY INFORMATION, PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH ONLINE SERVICES. THE SERVICES MAY CONTAIN TECHNICAL AND OTHER ERRORS AND LIMITATIONS AND ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. FIDELITY CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, SECURITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND ALL INFORMATION MADE AVAILABLE THROUGH THE SERVICES. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING THE RECEIPT OF QUOTES AND THE ENTRY AND TIMING OF EXECUTION OF ORDERS TO SELL AND BUY SECURITIES, IS ASSUMED BY ME. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO ME. I MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT OR OTHERWISE, SHALL FIDELITY OR ANYONE ELSE INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS ARISING OUT THE USE, RESULTS OF USE, OR INABILITY TO USE THE PRODUCT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMIT MAY NOT APPLY TO ME.
I agree to indemnify and hold harmless Fidelity from and against any and all claims, demands, actions, losses, damages, liability, or costs, charges, counsel fees, and expenses of any nature ("Losses") arising from my use of any aspect of the Services over which Fidelity does not exercise exclusive control, violation of this Agreement, or violation of any third party's rights, including but not limited to copyright, proprietary and privacy rights. This indemnification and hold-harmless obligation will survive the termination of the Agreement.

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12. Modification and Termination

I agree that Fidelity may discontinue the Services in whole or in part, at any time, and that Fidelity may modify, change, or limit the terms of this Agreement, in whole or in part, at any time and from time to time. I agree that Fidelity may immediately terminate my access to the Services if I breach this Agreement, if I have jeopardized the proper and efficient operation of either service or related electronic products, services or systems, if I cease being present in the U.S., or if I no longer meet Fidelity's Eligibility Criteria. Any unauthorized use of the Services, whatsoever, shall result in automatic termination of this Agreement.

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13. Governing Law

This Agreement will be construed under the laws of Massachusetts, except with respect to conflicts of law. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements. If any provision shall be deemed unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Fidelity may send notices by U.S. mail, via electronic broadcasts through the Services, or through other means, to inform me of changes to the Services or this Agreement. Top

 
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