Terms of Use

 

These Terms of Use govern your access to and use of this site (including, without limitation, all information, content, tools, products and services provided in this site). In continuing to access or use this site, you agree to be bound by these Terms of Use. If you are accessing this site in connection with your employment, you also accept these terms on behalf of your employer. Review the Terms of Use carefully prior to use and each time you return as these Terms of Use may be changed at any time with or without notice to you. Any continued use of this site after such changes shall constitute acceptance of such changes.

FCAT is a standalone brand representing a subset of services provided by Fidelity Center for Applied Technology LLC (“FCAT”), a subsidiary of FMR LLC, which is the parent company of various entities that offer products and services to the public. Rights granted to and limits on obligations of FCAT under these Terms of Use apply as well to FMR LLC and its subsidiaries and affiliates.

This site and any products and services made available through this site are currently under development in a pre-release “beta” phase. As such, this site and such products and services may contain defects or errors and are subject to change. No assurances or guarantees can be made that any user will be successfully waitlisted or gain access to any products and/or services on this site. FCAT may limit access to any such products and/or services to users who meet certain criteria. The identification of such eligibility criteria is within FCAT's sole discretion and is subject to change at any time and from time to time. FCAT does not guarantee that this site or such products and services will be available for future use.

The content, products and/or services on this site are purely educational and/or informational and should not be considered investment advice or construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any digital asset by FCAT. FCAT does not guarantee the accuracy, completeness, timeliness or usefulness of content provided in this site and any content provided herein should not be solely relied upon for making any investment decision. In making this site and/or any products or services available to you, FCAT is not providing tax, investment, legal or advice of any kind.

The digital assets described in this site are speculative and highly volatile, can become illiquid at any time, and are for investors with a high-risk tolerance. Investors in digital assets could lose the entire value of their investment. You are solely responsible for understanding and accepting the risks involved in investing in, buying, holding, transferring, sending and selling digital assets.

Certain sections of this site, or products and services made available through this site, may have separate terms and conditions, which are in addition to these Terms of Use. You should read those additional terms and conditions carefully. In the event of a conflict, those additional terms and conditions will govern your use of those sections or such products and services.

FCAT has the right to change, suspend, discontinue or cancel your access to this site (including, without limitation, all information, content, tools, products and services provided in this site) at any time with or without notice to you. You agree that these Terms of Use shall survive any termination of your access to this site. You have the right to stop using this site at any time.

You may seek or receive technical support regarding this site or other general information about this site from us via email. You acknowledge that FCAT will not offer or provide support via SMS or any third-party platform, such as WhatsApp or Telegram. All support made available or provided by or on behalf of FCAT is believed to be reliable, but FCAT does not make representations or warranties, express or implied, as to its accuracy, its completeness, or the results to be obtained. Such support is being provided for informational purposes only and, by accepting such support, you are representing that you have adequate skill and experience regarding the proper selection, use, and/or application of this site and use this site at your own discretion and risk. You shall hold us harmless for any injury that may result from the support you receive from us.

You may be asked to enter your contact information at times on this site. All such information may be accessible to personnel of FCAT or its affiliates, is subject to possible retention, and may be used and shared consistent with the FCAT Wallet Privacy Policy, which can be accessed via the link at the bottom of this page. Electronic (including wired and wireless) communications to or from FCAT may not be encrypted. You acknowledge that there is no guarantee that data, including e-mail, electronic and wireless communications, and personal data, will not be accessed by unauthorized third parties when communicated between you and FCAT or between you and other parties.

If you opt-in for a product waitlist or other communications, you agree to receive electronic mail messages from FCAT. If you no longer wish to receive similar electronic mail messages in the future, you may opt-out by contacting fcatwallet@fmr.com.

By using this site, you agree to not copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile, or create derivative works from this site (including, without limitation, all information, content, tools, products and services provided in this site). Unless you and FCAT have agreed otherwise in writing, links from another website to this site must resolve to the top-level homepage of https://www.fcatalyst.com/fcat-wallet. In order to avoid confusion, if you do link from another website to such top-level homepage, your website, and the link itself, may not suggest that FCAT endorses, sponsors or is affiliated with any non-FCAT website, entity, service or product, and may not make use of any FCAT trademarks or service marks other than those contained within the text of the link.

FCAT is not affiliated with any third parties referenced in this site, including any third-party content providers, any third-party to which a link is provided in this site or any third-party you utilize in connection with any products or services provided through this site. These organizations are not FCAT employees or agents. FCAT cannot and does not guarantee the accuracy, completeness, timeliness or usefulness of content provided by these third parties, and is not responsible or liable for any content, advertising, products, services or other materials available from such third parties. You acknowledge that you are responsible for validating all content on this site, and that such content should not be solely relied upon for making any investment decision. Your use of any third-party site, product and/or service to which a link is provided may be subject to separate terms and conditions of such third party.

FCAT or its affiliates own or license from third parties all intellectual property, including third-party content, related to this site. None of this intellectual property belongs to you and no proprietary rights are being transferred to you with respect to such intellectual property. All trademarks and service marks used in in this site belong to FCAT or its affiliates, except third-party trademarks and service marks, which are the property of their respective owners.

You may be asked from time-to-time to provide feedback to FCAT concerning this site. You irrevocably assign to FCAT all rights in any ideas or expressions of ideas that you provide to FCAT regarding this site. All comments, feedback, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials that you provide to FCAT (other than your personal information) (collectively, the “Feedback”), will become and remain the exclusive property of FCAT, including any future rights associated with such submissions. This means that you disclaim any proprietary rights in any Feedback, and that you acknowledge FCAT’s unrestricted right to use any Feedback (or materials or ideas similar to such Feedback) in any medium, now and in the future, without notice, compensation or other obligation to you or to any other person. It also means that (with the exception of your personal information) FCAT has no obligation to keep any Feedback confidential. Finally, you acknowledge that any Feedback that you submit, to the best of your knowledge, does not utilize proprietary or confidential information belonging to any other person. You further release and waive all claims against FCAT with respect to any intellectual property or other proprietary rights, publicity rights, rights of attribution, or any other liability in connection with such Feedback under the governing law of the United States.

You may use this site only as permitted by law. You may not use this site in any manner that could damage or overburden any FCAT server, or any network connected to any FCAT server. Do not use this site in any manner that would interfere with any other party’s use of this site. Do not introduce, nor permit any person to introduce into this site, any code or malicious or hidden mechanisms that would impair the operation of this site, or of FCAT computers, networks, or other devices or software. You may not access the site through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by FCAT.

You may use this site only for personal, non-commercial purposes. No information, content, tools, products or services made available on this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FCAT.

This site is intended to be made available only to individuals in the United States, and the information on this website is only for persons in the United States. Nothing in this site shall be considered a solicitation to buy or an offer to sell any digital asset, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Each time you access this site for any purpose, you represent and warrant to FCAT that you are not (a) located in, organized under the laws of, a national of, ordinarily resident in, or the government of any country or territory that is, or whose government is, the target of sanctions administered by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), (b) an individual, entity, or organization on OFAC’s list of Specially Designated Nationals and Blocked Persons or otherwise subject to economic or trade sanctions imposed, administered or enforced by the United States, or (c) acting for or on behalf or at the direction of, or owned or controlled by, any of the foregoing. UNCERTAINTY IS INHERENT WITH THIS SITE AND DIGITAL ASSETS. ALL CONTENT, PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIAL ARE PROVIDED THROUGH THIS SITE “AS IS.” NO EXPRESS OR IMPLIED WARRANTIES ABOUT THIS SITE, OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH THIS SITE, ARE MADE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOUR USAGE OF THIS SITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FCAT DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. FCAT DOES NOT WARRANT THAT THIS SITE, OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH THIS SITE, WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT YOUR USAGE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

NEITHER FCAT NOR ANY THIRD PARTY REFERENCED IN THIS SITE WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES THAT RESULT FROM YOUR USAGE OF THIS SITE OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL MADE AVAILABLE THROUGH THIS SITE. THIS IS TRUE EVEN IF FCAT OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER FCAT NOR SUCH THIRD PARTIES WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FCAT OR SUCH THIRD PARTY DOES NOT HAVE DIRECT CONTROL. FCAT AND ANY THIRD PARTIES REFERENCED IN THIS SITE EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS OR TRADING LOSSES AND ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THIS SITE OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS SITE (WHETHER PROVIDED BY FCAT OR THIRD PARTIES). IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS OF USE ARE DETERMINED BY A COURT OR ARBITRATION PANEL TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF FCAT AND ALL THIRD PARTIES REFERENCED IN THIS SITE FOR ANY CAUSE WHATSOEVER RELATING TO THESE TERMS OF USE, THIS SITE, OR ANY FCAT OR THIRD PARTY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL MADE AVAILABLEON THIS SITE, EXCEED $100.

As a condition of your use of this site or any products, services, information or other material made available through this site, you agree to indemnify and hold FCAT and its affiliates and third parties referenced on this site harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use or misuse of this site or any FCAT or third party content, products, services, information or other material made available on this site, or from your violation of these Terms of Use.

Unless otherwise agreed, these Terms of Use 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 FCAT’s successors and assigns, whether by merger, consolidation, or otherwise. 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.

For questions about these Terms of Use or other concerns or inquiries, please contact us at fcatwallet@fmr.com.

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