Notwithstanding the above, you may view, use, download, and print selected portions of the Site solely for your own personal informational use; provided that you do not republish the Content and that you keep intact all copyright, trademarks, servicemarks, attributions, patent, and other proprietary notices.
YOUR PROVISION OF CONTACT AND ACCOUNT INFORMATION TO US
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 his/her information to FM Approvals.
INFORMATION AND TOOLS PROVIDED THROUGH THE SITES
The Site 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. Communication through the Site should NOT be construed as a legal document or as a replacement to any document or any other notification method that has been previously agreed upon. FM Approvals does not mandate compliance in any area.
PROVIDING OTHERS WITH ACCESS TO THE SITES
Certain areas of the Site are accessible by registration only. There is no mechanism by which a user may gain access to these areas of the Site unless they are registered as a user through FM Approvals. If one does not have access granted through FM Approvals, the user will not have access to the Site. The content/information that each User may access through the Site are set and maintained upon initial registration when the user is granted access to FM Approvals.
USE/DISCLOSURE OF INFORMATION YOU PROVIDE
You agree that we may use any information you provide to us through the Site 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 our customers or any legal actions brought by or against us. You further agree that we may disclose any information you provide to us through the Site to third parties in connection with, or in anticipation of, legal actions brought by our customers or any legal actions brought by or against us.
You understand that all information, data, or other materials that you or another user provide in connection with the Site 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 Site. 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 Site.
You understand that we will take all reasonable or necessary steps, including, but not limited to, cooperation with law enforcement authorities to prevent the Site 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 Approvals, you represent and warrant that:
- you own or control all rights to User-Provided Content you post on the Site;
- all "moral rights" that you may have in such content have been voluntarily waived by you;
- you are at least 13 years old.
YOUR GRANT OF LICENSE TO FM APPROVALS FOR USER-PROVIDED CONTENT
By uploading, posting, emailing, transmitting, or otherwise making available any User-Provided Content, you grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including, but not limited to, in any unaffiliated third party content and in our or their publications, marketing material and advertisements. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.
FM APPROVALS’S DISCRETION TO USE USER-PROVIDED CONTENT
You agree to comply with all laws, rules, and regulations applicable to your use of the Site. In addition, you agree not to:
- upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
- 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);
- 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;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Site;
- 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);
- 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;
- 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;
- 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;
- 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;
- take any action that would negatively affect FM Approvals in any manner; or
- interfere with or disrupt the operation of the Site or server networks connected to the Site, reverse engineer, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
- take any action that interferes with the proper working of the Site, compromises the security of the Site, or otherwise damages the Site or any materials and information available through the Site;
- attempt to gain unauthorized access to any portion or feature of the Site, to any other systems or networks connected to the Site, to any of our servers, or to any of the services offered on or through the Site by, including, but not limited to, hacking, password “mining”, or any other unauthorized means;
- probe, scan, or test the vulnerability of the Site or any network connected to the Site or bypass the authentication measures on the Site or any network connected to the Site;
- use any automated means to collect information or content from or otherwise access the Site, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
- harvest or otherwise collect and store information about other users of the Site, including e-mail addresses;
LINKS TO OTHER WEBSITES AND SITES
For your convenience, the Site may contain links to or at times redirect you to other websites, mobile apps, and online services owned or controlled by third parties. Also, at your request, the Site may connect to social networking websites that are not owned or controlled by us.
These other websites, mobile apps, and online services are not under our control, and you acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites, mobile apps, and online services or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website, mobile app, or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website, mobile app, or online service.
REGISTRATION AND PASSWORDS
FM Approvals is using the FM Approvals registration process to manage end user identities for this Site. The Site requires you to register or obtain a password prior to permitting you to access the Site. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Site 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 ID, password, or Account as a result of your failing to keep your Account information secure and confidential.
OPERATION OF THE SITES
DISCLAIMER OF WARRANTIES
THE SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE 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 SITE 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 SITE ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE 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 THE USE OF, OR INABILITY TO USE, THE SITE. 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.
CHOICE OF LAW AND JURISDICTION
Effective Date: September, 2015