Fisher Investments Communications Terms and Conditions
as of October, 31 2023
1. General Communications Terms
These Communications Terms and Conditions (the “Terms”) apply to all communications sent by Fisher Investments (“Fisher”), including phone calls, emails, and webpage interactions. Specific terms and conditions for text messages (SMS) are detailed further below.
These Terms contain a binding arbitration provision, which includes a waiver of your right to bring claims as class actions.
What communications am I agreeing to?
By providing Fisher a phone number, you agree to receive calls, to any phone number(s) you provide, for informational or promotional purposes from or on behalf of Fisher, even if your number is on do-not-call lists. You also certify that the number(s) you provide are correct and that you are authorized to enroll the designated number(s) to receive such calls. You acknowledge and agree that calls may be sent using an automatic telephone dialing system or other automated equipment. Consent to receive calls for promotional purposes is not required as a condition to receive our services.
You further agree that all calls with Fisher may be recorded for quality assurance and other purposes. To the extent you provide an email address to Fisher, you also agree to receive emails from Fisher.
What if I no longer want to receive promotional calls?
To stop all promotional calls relating to Fisher’s private client group, you may ask to be added to Fisher’s internal do not call list by calling 800-587-5512 and speaking with a Fisher representative, emailing firstname.lastname@example.org, or sending a written request to the attention of the Marketing Department, 6500 International Pkwy, Ste 2050, Plano, TX 75093. Please allow up to 30 days for your request to be processed.
To stop all promotional calls relating to Fisher’s 401(k) Solutions group, you may ask to be added to Fisher’s internal do not call list by calling 888-402-3243 and speaking with a Fisher representative, emailing email@example.com, or sending a written request to the attention of 401(k) Solutions, 6500 International Pkwy, Ste 2050, Plano, TX 75093. Please allow up to 30 days for your request to be processed.
To stop all calls relating to Fisher’s employment opportunities, you may ask to be added to Fisher’s internal do not call list by calling 800-550-1071 and speaking with a Fisher representative, emailing ~firstname.lastname@example.org, or sending a written request to the attention of Talent Acquisition, 6500 International Pkwy, Ste 2050, Plano, TX 75093. Please allow up to 30 days for your request to be processed.
What if I no longer want to receive emails?
You can unsubscribe from Fisher marketing emails at any time by clicking the unsubscribe link at the bottom of any such email. Please allow 10 days for your request to be processed.
What if I want more info?
You may contact Fisher at 800-587-5512.
2. Text Message (SMS) Terms
Fisher is pleased to provide an SMS message program that allows clients, prospective clients, retirement plan participants, and employment candidates to receive text messages from Fisher, including messages with links to webpages with additional information about Fisher and its services, text messages to confirm appointments, text messages for authentication purposes, and text messages relating to employment opportunities. These Terms also apply to text messages sent for other purposes.
Clients and prospective clients with Fisher’s Private Client Group agree to these Text Message (SMS) Terms when they provide their phone number to Fisher. Clients and prospective clients with Fisher’s 401(k) Solutions group, participants of retirement plans receiving the 401(k) Solutions services, as well as employment candidates, agree to these Text Message (SMS) Terms when they opt-in to receiving text messages.
What communications am I agreeing to?
When you agree to receive text messages from or on behalf of Fisher, you agree to receive text messages at any phone number you provide, even if your number is on do-not-call lists. You also certify that any number you provide is correct and that you are authorized to enroll the designated number to receive such text messages. You acknowledge and agree that text messages may be sent using an automatic telephone dialing system or other automated equipment. Consent to receive text messages for promotional purposes is not required as a condition to receive our services. The text messages may not be compatible with all phone models and mobile services, and standard message and data rates may apply. Fisher is not liable for transmission delays or message failures.
You may unsubscribe from receiving messages about a program at any time by replying STOP to any text message you receive from or on behalf of Fisher about that program.
What are the programs?
Fisher has a number of programs that use text messages. They include the below, for example, and Fisher may add more programs in the future:
- Fisher Online Fulfillment Program– The online advertisement will lead to online forms that will contain information on receiving the offer and future communications via text. Message frequency varies.
- Fisher Retirement GPS Microsite Program– The online advertisement will contain links to the Retirement GPS signup page, which will require authentication via text. Message frequency varies.
- Fisher Print/TV Programs – The print or TV advertisement will contain instructions on how to use text to request the offer. Single message.
- Retirement Plan Participant Programs – A participant in a retirement plan will receive information relating to the retirement plan.
- Fisher Talent Acquisition Programs – A candidate for employment will receive information relating to employment opportunities. Message frequency varies.
Are text messages from Fisher free?
Your carrier's message and data rates may apply.
Who are the participating carriers?
AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Google Voice, Cellular One, MetroPCS, Cellcom, Cellular South, Carolina West Wireless, Interop, ClearSky, nTelos, and Virgin Mobile.
3. Disputes and Arbitration
Except as expressly provided below, you agree that to the fullest extent permitted by applicable law any dispute arising out of or relating in any way to these Terms, communications between you and Fisher, your consent to receive communications, and your relationship with Fisher Investments (as well as affiliates and vendors acting on its behalf, all of which are intended beneficiaries of this agreement) prior to executing a client agreement or starting employment will be determined by arbitration, including the scope and applicability of the agreement to arbitrate contained in this section. After executing a client agreement, that agreement’s terms (including its arbitration terms) shall control and likewise require arbitration of disputes with Fisher to the maximum extent permitted by law. After starting employment, the terms of your employment shall control.
Any arbitration will be before the Judicial Arbitration and Mediation Service (“JAMS”) office located in San Francisco, California; San Diego, California; Chicago, Illinois; New York, New York; Washington, D.C.; or Atlanta, Georgia, whichever location is closest to your last address of record on file with Fisher (or, in the event that you have not provided an address to Fisher, the location closest to your primary address at the time of the dispute) before one arbitrator who will be a retired judicial officer. Because the Terms memorialize a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
Any claim for which applicable law (as determined by a final, binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court will not be subject to arbitration but will instead be adjudicated in the appropriate court with jurisdiction over the claim. Any claim that is arbitrable, however, shall be severed from proceedings in court and separately arbitrated to the maximum extent permitted by law.
You also agree that any claim you assert will not be joined, for any purpose, with the claim or claims of any other person or entity, and the arbitrator shall have no jurisdiction to certify any class or proceed with any class action. The arbitration will be administered by JAMS pursuant to the Comprehensive Arbitration Rules and Procedures, and the proceedings and award shall be kept in strict confidence by both you and Fisher. The laws of the State of Delaware, including but not limited to any applicable Delaware statutes of limitation and Delaware common law construing those statutes, will govern the legal rights of the parties, except that the Federal Arbitration Act (FAA) applies to all issues regarding the enforceability and scope of the requirement to arbitrate, and any conflicts between the FAA and other law will be resolved in favor of the FAA and in favor of arbitration. The arbitration will be final and binding, and judgment on the award may be entered in any court having jurisdiction. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING ALL RIGHTS TO SEEK REMEDIES IN COURT, INCLUDING BUT NOT LIMITED TO ANY RIGHT TO PROSECUTE ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU ALSO UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND FISHER HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION.
This arbitration provision will remain in force even if you opt-out of further communications with Fisher. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provision.
You can decline this arbitration agreement by timely writing via certified mail or a nationally recognized overnight delivery service to the General Counsel, 5525 NW Fisher Creek Drive, Camas, WA 98607 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that you wish to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date you become bound by the arbitration agreement. Please note that you will continue to be bound by any older arbitration provision that you did not out opt of and any other arbitration provision that governs the claims at issue.