TERMS OF SERVICES

Last updated: April 1, 2022

Welcome to the Fidelity virtual experiences (the “Experiences” and each, an “Experience”) operated by Fidelity Center for Applied Technology (FCAT)^sm, some services of which may be provided by Fidelity Labs LLC, a Fidelity Investments company (collectively, “Fidelity”).

Terms of Service and your acceptance of them. Read before continuing.

These Terms of Service (the “Terms”) govern your access and use of the Experiences and are a binding agreement between you and Fidelity. By accessing or using an Experience, you agree to be bound by these Terms and our privacy policy for such Experience (the “Privacy Policy”) which is incorporated by reference into these Terms. Please review the Terms carefully prior to accessing or using each of the Experiences and each time you return as these Terms are subject to change.

Scope

• Each Experience is designed for personal, non-commercial use by individuals in the United States who are at least 18 years of age. By accessing or using an Experience, you represent that you reside in or access the Experience from a location within the United States, that you are 18 years of age or older, and that you have reviewed, understand, and accept these Terms. Nothing in any Experience shall be considered an offer to sell any product or service to any person in any jurisdiction where such offer or sale would be unlawful under the laws of such jurisdiction.
• Fidelity may modify these Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the “Terms of Service” link located on the Experience home screen on the Oculus App Lab. Any continued access or use of an Experience after such modifications shall constitute your acceptance of such changes.

Limitations on advice and reliance on the Retirement Readiness Journey Experience

• The Retirement Readiness Journey Experience involves a virtual reality representation of your retirement goals based on your input. Any projections, figures, or other information generated in this Experience are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Results may vary with each use and over time.
• Results provided by this Experience are hypothetical illustrations based on information you provided and certain assumptions, including market performance assumptions based on hypothetical scenarios using historical data. Results do not predict or project the present or future value of an actual asset allocation or investment. Fund fees and other expenses will generally reduce investment returns and are generally not reflected in any results.
• In applying asset allocation models or any other results to your individual situation, be sure to consider other assets, income, and investments (e.g., home equity, savings accounts, other retirement accounts) in addition to assets designated for your retirement plan. Other investment alternatives having similar risk and return characteristics may be available for your account(s).
• All investing involves risk. The value of your investments will fluctuate over time, and you may gain or lose money. You must make your own determination whether an investment in any particular security or securities is consistent with your investment objectives, risk tolerance, financial situation and your evaluation of the security. Be sure to review your decisions periodically to make sure they are still consistent with your goals.
• Information supplied in this Experience is for informational purposes only and should not be considered investment advice or guidance, an offer of, or a solicitation of an offer, to buy or sell securities, or a recommendation or endorsement by Fidelity of any security or investment strategy. Fidelity makes no guarantees that the information supplied in this Experience is accurate, complete, or timely, and does not provide any warranties regarding results obtained from its use.

Health and Safety Precautions.

• PLEASE REVIEW AND ADHERE TO THE OCULUS HEALTH AND SAFETY WARNINGS ON THE SAFE USE OF YOUR VR SYSTEM BEFORE ACCESSING AND USING EACH EXPERIENCE. THESE PRECAUTIONS ARE NOT INTENDED TO BE AN EXHAUSTIVE LIST AND USE OF ANY EXPERIENCE MAY INVOLVE OTHER HEALTH OR SAFETY RISKS NOT CONTAINED THEREIN. FAILURE TO TAKE ALL NECESSARY HEALTH AND SAFETY PRECAUTIONS DURING YOUR USE OF A VIRTUAL EXPERIENCE LIKE ANY OF THE EXPERIENCES MAY CAUSE DAMAGE TO PROPERTY, PERSONAL INJURY, HEALTH ISSUES OR COMPLICATIONS, OR DEATH.
• PLEASE TAKE ALL NECESSARY HEALTH AND SAFETY PRECAUTIONS BEFORE ACCESSING OR USING EACH EXPERIENCE. YOU ACKNOWLEDGE AND AGREE THAT FIDELITY IS NOT LIABLE FOR ANY DAMAGE TO PROPERTY, PERSONAL INJURY, HEALTH ISSUES OR COMPLICATIONS, OR DEATH WHICH MAY OCCUR DURING OR AS A RESULT OF YOUR USE OF ANY OF OUR EXPERIENCES, INCLUDING DUE TO YOUR FAILURE TO REVIEW AND ADHERE TO ALL APPLICABLE HEALTH AND SAFETY PRECAUTIONS OR AS A RESULT OF YOUR INTERACTIONS WITH PEOPLE OR OBJECTS DURING YOUR USE OF ANY OF OUR EXPERIENCES.

Prohibited Uses. You may not access or use, or attempt to access or use, any Experience in any manner that violates any laws or interferes with the operation of the Experience, or use any Experience to take any action that could harm Fidelity, its affiliates, you, or any third party. For example, and without limitation, you may not:

• use any Experience in any manner or take any action that could damage or overburden any Fidelity server, or any network or system connected to any Fidelity server;
• use any Experience in any manner or take any action that would interfere with or restrict any other party from using the Experience;
• introduce, or permit any person to introduce, into any Experience any code or malicious or hidden mechanisms that would impair the operation of the Experience, Fidelity’s computers, systems, or networks, or breach the security of the Experience or any systems or networks;
• attempt to decompile, disassemble, or reverse engineer or create derivative works of any of the software comprising any Experience; or
• engage in any other conduct that exposes Fidelity, any of its affiliates, you, or any other third party to any harm, or that exposes Fidelity or any of its affiliates to damages or liability of any type.

Intellectual Property Rights

Copyright. Our Experiences are protected by applicable copyright laws. Accordingly, you may not reproduce, distribute, publish, display, perform, modify, or otherwise exploit any Experience, including any text, graphics, video, audio, software code, user interface design or logos, content, or information without the prior written consent of Fidelity.

Digital Millennium Copyright Act (DMCA) Notice and Procedure. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Fidelity 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 in the applicable Experience;
• 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, made under penalty of perjury, 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.

Fidelity's Agent for Notice of claims of copyright infringement can be reached as follows:

• By mail: Tanya Courcey, Fidelity Investments, 245 Summer Street, Boston, MA 02210
• By phone: 617-563-9840, By email: CopyrightClaim@fmr.com

Trademarks. All trademarks and service marks in our Experiences belong to FMR LLC (the parent company of various Fidelity entities) or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

Disclaimer of Warranties.

• YOUR USE OF EACH EXPERIENCE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGE TO PROPERTY), PERSONAL INJURY, HEALTH ISSUES OR COMPLICATIONS, OR DEATH WHICH MAY OCCUR DURING OR AS A RESULT OF YOUR USE OF THE EXPERIENCES, INCLUDING DUE TO YOUR FAILURE TO REVIEW AND ADHERE TO ALL NECESSARY HEALTH AND SAFETY PRECAUTIONS OR AS A RESULT OF YOUR INTERACTIONS WITH PEOPLE OR OBJECTS DURING YOUR USE OF ANY OF THE EXPERIENCES.
• EACH EXPERIENCE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". FIDELITY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT ANY EXPERIENCE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• FIDELITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY EXPERIENCE OR ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER FIDELITY OR THIRD-PARTY CONTENT IN ANY EXPERIENCE. FIDELITY DOES NOT WARRANT THAT THE EXPERIENCES WILL BE UNINTERRUPTED, OR SECURE. FIDELITY DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED OR THAT THEY WILL BE CORRECTED IN A TIMELY MANNER. FIDELITY MAY CHANGE ANY EXPERIENCE AND ANY CONTENT THEREIN AT ANY TIME WITHOUT NOTICE.
• FIDELITY ALSO DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF ANY OF THE EXPERIENCES WILL BE ACCURATE OR RELIABLE, OR THAT THE EXPERIENCES OR ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE EXPERIENCES WILL MEET YOUR NEEDS OR EXPECTATIONS.
• IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.

Limitation of Liability

• FIDELITY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE, IN CONNECTION WITH THE EXPERIENCES. FIDELITY EXPRESSLY DISCLAIMS LIABILITY FOR LOST PROFITS OR ANY DAMAGES THAT RESULT FROM USE OF, OR LOSS OF USE OF, THE EXPERIENCES , INCLUDING THE INFORMATION AND CONTENT IN THE EXPERIENCES (WHETHER PROVIDED BY FIDELITY OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLES EVEN IF FIDELITY AND ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
• FIDELITY AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FIDELITY AND ITS AFFILIATES DO NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), YOUR FAILURE TO OBSERVE AND ADHERE TO ALL NECESSARY HEALTH AND SAFETY PRECAUTIONS DURING YOUR USE OF ANY OF THE EXPERIENCES OR YOUR INTERACTIONS WITH OTHER PERSONS OR OBJECTS DURING YOUR USE OF THE EXPERIENCES, UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENTS, EMERGENCY OR ACTION OF GOVERNMENT.
• IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification. As a condition of your use of the Experiences, you agree to indemnify and hold Fidelity and its affiliates and licensors 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 such Experiences, or from your violation of these Terms.

Suspension and Termination. Fidelity may suspend or terminate your access to or use of any Experience, in whole or in part, for any reason or for no reason at any time and without notice.

Governing Law. These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Fidelity’s successors and assigns, whether by merger, consolidation, or otherwise.

Severability. If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

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