USE OF THE FIC SITES
The FIC Sites are intended only for your personal, non-commercial use, unless you and FIC have agreed otherwise in writing. Please discontinue the use of any FIC Site if you do not accept these terms.
“Fidelity Investments” and/or “Fidelity” refers collectively to: i) FMR LLC, a US company, and its subsidiaries, such as Fidelity Management & Research Company (FMR Co.), and FIAM LLC; and ii) FIC and its affiliates.
Companies within the FIL Limited group (commonly known as Fidelity International) act as sub-advisor in respect of certain FIC investment products or mandates. Fidelity International refers to the group of companies which form the global investment management organization that provides information on products and services in designated jurisdictions outside of North America.
For purposes of the FIC Sites, the term "Institutional Investor" includes but is not limited to sophisticated non-retail investors such as investment companies, investment advisors, plan sponsors, endowments, foundations, governmental entities and individuals of high net worth. Certain products and investment services may only be offered to Institutional Investors who are also "accredited investors" as defined by National Instrument 45-106 - Prospectus and Registration Exemptions.
INFORMATION FOR NON-CANADIAN INVESTORS
The FIC Sites are intended to be made available only to current and prospective Institutional Investors in Canada. Nothing on the FIC Sites shall be considered a solicitation to buy or an offer to sell products or services including any securities or any other financial instrument, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE; NO OFFER TO BUY OR SELL ANY SECURITIES
All information provided on a FIC Site is intended for informational purposes only. The FIC Sites and any materials or documents found therein are not intended to provide tax, legal, insurance, financial, accounting or investment advice, and nothing on the FIC Sites and any materials or documents found therein should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any products or services including any securities or any other financial instrument by FIC or any third-party. FIC shall not be responsible for any liability should you act or rely on any such information. FIC does not provide legal, insurance, financial, accounting, investment or tax advice, and we encourage you to consult your own lawyer, accountant or other advisor before making an investment.
FORWARD-LOOKING STATEMENTS/PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS
The FIC Sites may include materials and documents containing forward-looking statements which are based on certain assumptions of future events. Forward-looking statements are based on information available as of the date the forward-looking statement was made. FIC undertakes no obligation to update or revise any forward-looking statements, and users should check the "as of" dates of all published materials. Actual results could differ materially from those anticipated in the forward-looking statements. There can be no assurance that forward-looking statements, including any projected returns, will materialize or that actual market conditions and/or performance results will not be materially different or worse than those presented. Past performance is no guarantee of future results. In addition, FIC, its affiliates and staff may own or have positions in any investment mentioned herein or any investment related thereto and from time to time add to or dispose of any such investment.
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
The FIC Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in any FIC Site, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and FIC have agreed otherwise, links from another website to a FIC Site must resolve to the top-level homepage of a FIC domain (e.g., http://institutional.fidelity.ca).
In order to avoid confusion, if you do link from another website to the FIC top-level homepage, your website, and the link itself, may not suggest that FIC endorses, sponsors or is affiliated with any non-FIC entity, service or product, and may not make use of any trademarks or service marks of FIC or any of their affiliates other than that contained within the text of the link itself.
All trademarks and service marks on a FIC Site belong to FIC or an affiliate, except for third-party trademarks and service marks, which are the property of their respective owners.
FIC either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content that is made available to you on the FIC Sites or has obtained the permission of the owner of the intellectual property in such content to use the content on the FIC Sites. The display of trademarks on pages on the FIC Sites does not imply that any license has been granted to any third party.
FIC grants to you a non-exclusive, personal, non-transferable, non-sub-licensable, limited and revocable right to display the content on its FIC Sites on your computer and print such content on your printer solely for your own personal non-commercial use provided that you do not modify such content and that you do not delete any of the proprietary notices.
All information on the FIC Sites is protected under the copyright laws of Canada and/or other countries. Information of the FIC Sites may only be reproduced or used in accordance with applicable copyright laws, whether in Canada or another jurisdiction. FIC shall not be responsible for any loss or damage that may result from the unauthorized reproduction or use of the any information on a FIC Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FIC with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
An identification of the allegedly infringing material, and a description of where that material is located on the FIC Sites;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement by you that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
FIC's Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Robyn Mendelson, Vice-President, Legal and Procurement, Fidelity Investments Canada ULC, 483 Bay Street, South Tower, Suite 900, Toronto, Ontario M5G 2N7.
By phone: (416) 217-5857
By email: email@example.com
THIRD-PARTY CONTENT AND SITES
The FIC Sites include general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects. Some of that content is supplied by companies that are not affiliated with FIC ("Third-Party Content"). Most Third-Party Content is available through framed areas or through hyperlinks to third-party websites, and its source is clearly and prominently identified.
Although Third-Party Content may be framed-in on a FIC Site or available through a link to a third-party site, FIC does not prepare, edit or endorse Third-Party Content. FIC therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products or other materials on or available from third-party sites. You will use Third-Party Content only at your own risk.
TIMELINESS OF CONTENT
All content on the FIC Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, you may not use the FIC Sites in any manner that could damage or overburden any FIC server, or any network connected to any FIC server. You may not use the FIC Sites in any manner that would interfere with any other party's use of the FIC Sites.
You also agree that you will not use the FIC Site to: (i) violate any laws or third party rights; (ii) upload, post, email, transmit, or otherwise make available any content that unlawful, that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iii) transfer your user account to another party without FIC’s prior consent; and/or (iv) copy, modify, or distribute any content available on the FIC Site. You shall abide by all rules and regulations published by FIC from time to time in respect of your use of the FIC Site.
MEANS OF ACCESS
Although you may use other means to access the FIC Sites, be aware that the FIC Sites may not appear accurately through other access methods, and you use them only at your own risk.
You should not access the FIC Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FIC.
Certain parts of the FIC Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the FIC Sites, or to any other protected materials or information, through any means not intentionally made available by FIC for your specific use.
PASSWORD SECURITY AND NOTIFICATION
Your privacy and confidentiality cannot be ensured if you communicate any information to FIC over the internet, or if we communicate any information to you over the internet at your request. If you receive communication from FIC in error, please notify us immediately by return e-mail or otherwise and permanently delete the entire communication from any computer, disk drive, or other storage medium.
If you have a User ID and password for access to non-public areas of the FIC Sites, you are solely responsible for all activities that occur in connection with your User ID. Accordingly, you should take steps to protect the confidentiality of your password. Notify FIC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your password.
FIC is not responsible for any loss or damages you may incur if you transmit your password, or any other confidential, personal or sensitive information to us or if we communicate any confidential, personal or sensitive information to you at your request.
CALCULATORS AND INTERACTIVE TOOLS
Calculators, interactive tools and any projections or information derived from such calculators or interactive tools are for informational purposes only and FIC does not warrant or represent that such projections are accurate
DISCLAIMER OF WARRANTIES
FIC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FIC SITES, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING AMONG OTHERS, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR ANY PURPOSE AT ANY TIME OR NON-INFRINGEMENT.
THE FIC SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FIC DOES NOT WARRANT THAT ANY DEFECTS, OMISSIONS OR INACCURACIES WILL BE CORRECTED. FIC SHALL NOT BE RESPONSIBLE FOR THE CONSEQUENCES OF ANY DEFECTS, OMISSIONS OR INACCURACIES ON ANY FIC SITE.
FIC DOES NOT REPRESENT OR WARRANT THAT THE FIC SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FIC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FIC SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FIC SITES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, DIRECT OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FIC SITES AND THIRD-PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR COULD HAVE FORESEEN THE DAMAGES OR LOSS.
FIC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM, AMONG OTHERS, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOUR DISPUTE AND OTHER LABOUR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
As a condition of your use of the FIC Sites, you agree to indemnify and hold FIC and its third-party providers 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 FIC Sites, or from your violation of these Terms.
CHANGES TO THE FIC SITES
Unless otherwise agreed, FIC may discontinue or modify the FIC Sites at any time without prior notice to you, and you accept those modifications if you continue to use the FIC Sites.
FIC may terminate your access to the FIC Sites for any reason, without prior notice.
FIC may, from time to time and in its sole discretion, change any portion of these Terms as it relates to future use of the FIC Site. Such amendments will be effective thirty days after we provide a notice of the amendment. You may not change these Terms in any manner.
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflicts of law. Any dispute between you and FIC or any other person arising from, connected with or relating to the FIC Site, these Terms, or any related matters (collectively “Disputes“) will be resolved before the Courts of the Province of Ontario, sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of these courts in respect of all Disputes.
These Terms shall inure to the benefit of FIC successors and assigns, whether by merger, consolidation or otherwise. You may not assign these Terms or the rights and obligations under these Terms. FIC may assign these Terms and its rights and obligations under these Terms without your consent.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.