FM Approvals Customer Portal Terms of Use / End User License Agreement

CLIENT DATA SHARING

FM (as defined below) is committed to developing and utilizing innovative products, tools, and services to help keep our customers resilient. In order to continue to provide new and state-of-the-art solutions, our data sharing allows for the sharing of customer data on a need-to-know basis with the properly vetted third parties we engage in furtherance of our training, product development and innovation initiatives. We will continue to take appropriate measures to protect the confidentiality and security of such data.

These data sharing measures will apply to our use of your company's data unless you have a nondisclosure or confidentiality agreement with FM, in which case your company's data will continue to be handled in accordance with the terms of that agreement. 

If you have any questions about how your company's data will be handled by us, please contact your customer service team.

TERMS OF USE 

These Terms of Use are applicable to your access to and use of FM websites, mobile applications, associated microsites, email exchanges, affiliated sites and other similar applications (collectively referred to as “Site(s)”) operated by FM, including FM’s Customer Portal (the “Customer Portal”). Throughout this document, "FM" refers to FM Approvals LLC, including its subsidiaries, affiliates, and brands (also referred to as "we", "us", or "our"). Your access to and use of the Customer Portal and the information, materials, products, and services available through the Customer Portal are subject to these Terms of Use, regardless of whether you possess an account linked to your name and/or contact information (“Account”). By accessing or using the Customer Portal, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Customer Portal.

CHANGES TO THESE TERMS

We reserve the right to modify these Terms of Use and EULA (as defined below), in whole or in part, in our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use and EULA to the Customer Portal. You agree to comply with, and be bound by, any such modifications by continuing to use or access the Customer Portal after modified Terms of Use or EULA are posted to the Customer Portal. 

END-USER LICENSE AGREEMENT (the “EULA”)

Certain Sites, including but not limited to the Customer Portal, are proprietary products of FM and are intended for the sole and exclusive use of the customers, affiliates, employees, and select business partners of FM. Use by any other party is prohibited. This EULA is a binding agreement between you and FM and we license use of the Customer Portal to you on the basis of this EULA. We do not sell the software, content or services to you. We remain the owners at all times. You acknowledge that you have no rights in, or to, the Customer Portal, the contents, services, documents or technology other than the right to use each of them in accordance with the terms of this EULA.

To obtain access to the Customer Portal, you must indicate your acceptance of the following terms and conditions. If you do not wish to be bound to them, you should not accept them and should not otherwise try to access the Customer Portal. The terms of this EULA apply to any Customer Portal content and services, including any updates or supplements.

FM provides access to the Customer Portal only in accordance with these terms and conditions:

When you are granted access to the Customer Portal, you will be prompted to verify your individual login credentials. You are not to share login credentials with other parties, including other employees. You only may access Accounts, locations and products assigned to you. Your access will be terminated when it is no longer appropriate.

FM views, controls, audits and monitors access to, and the use of, all information to which the Customer Portal user has access, and FM retains the sole and exclusive right to make format and content changes without prior written notice. You must obtain permission for any third-party information you post on the Customer Portal from third parties. FM may, at any time, view any information posted on the Customer Portal and you acknowledge our Privacy Policy is incorporated into this EULA.

Access to the Customer Portal by customers and business partners is strictly limited to individual employees of the customer or business partner on a need-to-know basis as part of the business relationship with FM. Any email address should be unique to the named user and not be associated with a group or distribution list.

The Customer Portal and its contents are not intended as an offer to sell a product or service. All product and service descriptions are general in nature.

In consideration of you agreeing to abide by the terms of this EULA, FM grants you a limited, non-exclusive and non-transferable license to use the Customer Portal solely for the express purpose of supporting the business relationship with FM and to access and use the content and services made available in or otherwise accessible, strictly in accordance with this EULA and the Privacy Policy. We reserve all other rights.

You shall not: copy the content and services, except as expressly permitted by this license; modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable; remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Customer Portal, including any copy thereof; or rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Content and Services of the Customer Portal, to any third party for any reason.

Other than information obtained through other third-parties or data providers (which is the confidential and proprietary information of those respective parties) and User-Provided Content provided in accordance with this EULA, the information in the Customer Portal is the confidential and proprietary information of FM. You must not infringe our intellectual property rights or those of any third party in relation to your use of the Customer Portal information used in accordance with this EULA, only for the express purpose of supporting the business relationship between FM and the customer or business partner. You may not reproduce, distribute, transmit, display, or prepare derivative works from the materials in the Customer Portal without the prior written consent of FM, except that you may copy and print a limited amount of content only in support of the business relationship with FM.

Where third party content is displayed, included or made available ("Third Party Materials"), you acknowledge and agree that FM is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FM does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

You must not use the Customer Portal in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, in a way that could damage or compromise our systems or security, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into any operating system. You must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Customer Portal.

The term of the EULA commences when you access the Customer Portal and will continue in effect until terminated by you or FM. FM may terminate your access to the Customer Portal for any or no reason. In the event of termination of your organization’s business relationship with FM, all further access to, and use of, information is strictly prohibited. Information previously reproduced will retain confidential status, and FM has the right, upon request, to the return of any and all copies. All rights granted to you under this EULA will also terminate. Termination will not limit any of FM's rights or remedies at law or in equity.

THE LICENSE IS PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. ALTHOUGH FM SEEKS TO ENSURE THAT INFORMATION IN THE CUSTOMER PORTAL IS REASONABLY ACCURATE, THE CUSTOMER PORTAL CONTAINS CERTAIN INFORMATION AND TOOLS THAT ARE INHERENTLY SUBJECT TO CHANGE. WITH RESPECT TO ANY INFORMATION IN, OR ACCESSIBLE THROUGH, THE CUSTOMER PORTAL, FM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, ALL OF WHICH IS PROVIDED ON AN "AS IS" BASIS. FURTHERMORE, FM ASSUMES NO RESPONSIBILITY OR LIABILITY FOR: INFORMATION POSTED BY A USER, ANY APPOINTMENT OF A USER, OR FOR ANY ACTIONS BY A USER. FM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

THE FOLLOWING ADDITIONAL CONDITIONS APPLY TO THE MANAGING USER:

As a further condition of access to the Customer Portal, if you are carrying out the role of the Managing User for your organization, you will also be bound by the following additional terms and conditions. A Managing User, as identified by FM, is the individual within your organization who determines the level of access granted for all other Customer Portal users within your organization or in an external organization.  If you do not wish to be bound by these terms and conditions, you should not accept them. As the Managing User, including if you delegate responsibility for administrative functions:

  1. You acknowledge that by granting user access to any party, you will be giving that user authority to see information relating to your organization and comment on all pertinent business activities.
  2. Via the Customer Portal you will:
    1. have access to all products that are shared with your organization.
    2. approve user access to the Customer Portal.
    3. terminate user access when access is no longer appropriate.
  3. You acknowledge that you are in a position within your organization that will enable you to fulfill the role of Managing User.

SITE PRIVACY POLICY

The Customer Portal privacy policy (“Privacy Policy”) is a part of these Terms of Use and EULA and is incorporated by reference. By accepting these Terms of Use and EULA you agree to our collection, use, and disclosure of your information as described in the Privacy Policy. Click here to view the Privacy Policy

INTELLECTUAL PROPERTY

All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials contained on the Customer Portal (collectively, “Content”) not including User-Provided Content, are owned, controlled, or licensed by or to FM, and are protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you. Except as expressly provided in these Terms of Use or the EULA, you agree not to use, modify, copy, reproduce, reverse engineer, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Customer Portal, without FM’s express prior written consent.

Notwithstanding the above, you may view, use, download, and print selected portions of the Customer Portal solely for your own personal informational use; provided that you do not republish the Content and that you keep intact all copyright, trademarks, service marks, attributions, patent, and other proprietary notices.

YOUR PROVISION OF CONTACT AND ACCOUNT INFORMATION TO US

When you provide information about yourself to us, including when you create your Account with FM from which information is derived for use of the Customer Portal, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate, current, and complete in accordance with our Privacy Policy. If you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish and/or to refuse any or all current or future use of the Customer Portal or any portion thereof.

YOUR PROVISION OF INFORMATION ABOUT OTHERS TO US

Should you provide information about others to us, you represent and warrant that you have obtained the appropriate consents from that person to provide their information to FM.

INFORMATION AND TOOLS PROVIDED THROUGH THE SITES

The Customer Portal may contain information and tools, including communication tools. You acknowledge and agree that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information and tools is at your own risk. Communications transmitted via the Customer Portal shall be deemed official correspondence and may be construed as legally binding. 

PROVIDING OTHERS WITH ACCESS TO THE SITES

Certain areas of the Customer Portal are accessible by registration only. There is no mechanism by which a user may gain access to these areas of the Customer Portal unless they are registered as a user through the Customer Portal. If one does not have access granted through the Customer Portal, the user will not have access to any Content on the Customer Portal. The content / information that each user may access through the Customer Portal are set and maintained upon initial registration when the user is granted access to the Customer Portal.

USE/DISCLOSURE OF INFORMATION YOU PROVIDE

You agree that we may use any information you provide to us through the Customer Portal for the purpose of exercising our legal rights and protecting our interests in the event any of the information you provide is relevant or helpful in connection with any legal actions brought by or against us. You further agree that we may disclose any information you provide to us through the Customer Portal to third parties in connection with, or in anticipation of,  any legal actions brought by or against us.

USER-PROVIDED CONTENT

You understand that all information, data, or other materials that you or another user provide in connection with the Customer Portal or otherwise communicate to us ("User-Provided Content"), is the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Customer Portal. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, nature or quality of any User-Provided Content. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Customer Portal.

You understand that we will take all reasonable or necessary steps, including, but not limited to, cooperation with law enforcement authorities to prevent the Customer Portal from being used for the purposes of uploading, posting, emailing, transmitting, or otherwise making available any indecent, offensive, harmful, objectionable or unlawful content.

By submitting any User-Provided Content to FM, you represent and warrant that:

  1. you own,  control or have all rights to User-Provided Content you post on the Customer Portal;
  2. all "moral rights" that you may have in such content have been voluntarily waived by you;
  3. all content that you post is accurate, does not violate these Terms of Use or the EULA, and will not cause injury to any person or entity; and
  4. you are at least 13 years old.

YOUR GRANT OF LICENSE TO FM FOR USER-PROVIDED CONTENT

By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant us permission to use such content for the purposes of providing examinations, tests, initial and on-going surveillance audits, subsequent re-inspections, re-examinations and other activities which FM in its sole discretion deems appropriate to determine whether a particular Customer product or Customer service should be Approved and, if Approved, should continue to be so Approved.

FM’S DISCRETION TO USE USER-PROVIDED CONTENT

All User-Provided Content that you submit may be used at FM’s sole discretion and in accordance with our Privacy Policy. FM reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Customer Portal in its sole discretion. FM does not guarantee that you will have any recourse through FM to edit or delete any User-Provided Content you have submitted.

YOUR CONDUCT

You agree to comply with all laws, rules, and regulations applicable to your use of the Customer Portal. In addition, you agree not to:

  1. upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
  2. upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  3. upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Customer Portal;
  5. upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  7. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  8. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. take any action that interferes with the proper working of the Customer Portal, compromises the security of the Customer Portal, or otherwise damages the Customer Portal or any materials and information available through the Customer Portal;
  10. attempt to gain unauthorized access to any portion or feature of the Customer Portal, to any other systems or networks connected to the Customer Portal, to any of our servers, or to any of the services offered on or through the Customer Portal by, including, but not limited to, hacking, password “mining”, or any other unauthorized means;
  11. probe, scan, or test the vulnerability of the Customer Portal or any network connected to the Customer Portal or bypass the authentication measures on the Customer Portal or any network connected to the Customer Portal;
  12. use any automated means to collect information or content from or otherwise access the Customer Portal, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  13. harvest or otherwise collect and store information about other users of the Customer Portal, including e-mail addresses;
  14. install any software, file, or code that is not authorized by the user of a computer or mobile device or that assumes control of all or any part of the processing performed by a computer or mobile device without the authorization of the user of the computer or mobile device;
  15. take any action that would negatively affect FM in any manner; or
  16. interfere with or disrupt the operation of the Customer Portal or server networks connected to the Customer Portal, reverse engineer, or disobey any requirements, procedures, policies, or regulations of networks connected to the Customer Portal.

REGISTRATION AND PASSWORDS

FM is using the Customer Portal registration process to manage end user identities for the Customer Portal access. The Customer Portal requires you to register prior to permitting you to access the Customer Portal. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login credentials, and for all uses of your login credentials, and/or Account. You agree to notify us immediately of any unauthorized use of your login credentials, or Account, or any other breach of security involving access to the Customer Portal through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login credentials, or Account as a result of your failing to keep your Account information secure and confidential.

OPERATION OF THE SITES

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Customer Portal, or any portion of the Customer Portal, including, but not limited to, for your violation of these Terms of Use or EULA; (ii) modify or change the Customer Portal, or any portion of the Customer Portal; and (iii) interrupt the regular operation of the Customer Portal, or any portion of the Customer Portal, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Customer Portal.

DISCLAIMER OF WARRANTIES

THE CUSTOMER PORTAL AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CUSTOMER PORTAL ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CUSTOMER PORTAL ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CUSTOMER PORTAL ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE CUSTOMER PORTAL WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CUSTOMER PORTAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE CUSTOMER PORTAL IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OF, OR INABILITY TO USE, THE CUSTOMER PORTAL or (ii) FM’S ACTIONS WHEN YOU GRANT FM ADMINISTRATIVE RESPONSIBILITIES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to (i) FM’s actions when you grant FM administrative functions and (ii) any User-Provided Content you submit, post, transmit, or make available through the Customer Portal, your violation of these terms and conditions, your use or misuse of the Customer Portal, any work you perform in connection with the Customer Portal, or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION

You agree that these Terms of Use and EULA will be governed by and construed in accordance with the laws of the State of Rhode Island without regard to the conflicts of laws, rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use, the EULA or your access to or use of the Customer Portal will be subject to the exclusive jurisdiction and venue of the courts located within the State of Rhode Island. You agree to the personal jurisdiction and venue of these courts. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms of Use or EULA will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms of Use or EULA is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use or EULA unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use or EULA shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use or EULA. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use or EULA on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use or EULA in the future.

CONTACT US

If you have any questions regarding these Terms of Use or EULA, please contact us by referring to the Contact Us mechanism provided in our Privacy Policy (link provided above).

Effective date: August, 2025