Thank you for selecting the Services offered by FacilityCoordinator.com and/or its subsidiaries and affiliates (referred to as "FacilityCoordinator.com," "we," "our," or "us"). Please review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and FacilityCoordinator.com. By clicking “I Agree,” indicating acceptance electronically, or installing, accessing or using the Services, you agree to this Agreement. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the FacilityCoordinator.com websites, mobile apps, content, products, and related services, offers, add-ons, or other features, including any updates or new releases (collectively the “FacilityCoordinator.com Service(s)” or “Services,” as described more below). This Agreement includes by reference:
- FacilityCoordinator.com's Privacy Statement. Click here.
- Additional terms and conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
- Accepting the Terms
- Privacy and Use of Your Personal Information
- Description of the Services
- Account Information from Third Party Sites
- Third Party Offers
- Your Registration Information and Electronic Communications
- Your Use of the Service
- Use With Your Mobile Device
- Online and Mobile Alerts
- Rights You Grant to Us
- FacilityCoordinator.com’s Intellectual Property Rights
- Access and Interference
- Rules for Posting
- Social Features
- Disclaimer of Representations and Warranties
- Limitations on FacilityCoordinator.com’s Liability
- Your Indemnification of FacilityCoordinator.com
- Ending Your Relationship with FacilityCoordinator.com
- Governing Law and Disputes
- Allegations of Copyright and Trademark Infringements; Notifications
- FacilityCoordinator.com Premium and Other Paid Subscription Tiers
- App Store
1. Accepting the Terms
By accessing or using the FacilityCoordinator.com Services, you agree to be bound by this Agreement. If you wish to create an account in connection with the Services, you must read and confirm your acceptance of this Agreement.
You may not use any of the Services and you may not accept this Agreement if you are not legally authorized to accept and be bound by these terms and, in any event, of a legal age to form a binding contract with FacilityCoordinator.com.
Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and Use of Your Personal Information
Our collection and use of personal information in connection with the Services is described in the FacilityCoordinator.com Privacy Statement and any updates thereto, which you can view any time here or through the Services. You agree that FacilityCoordinator.com may use and maintain your data according to FacilityCoordinator.com’s Privacy Statement, as part of the Services. You give FacilityCoordinator.com permission to combine information you enter or upload for the Services with that of other users of the Services and/or other FacilityCoordinator.com services. For example, this means that FacilityCoordinator.com may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions.
By providing a telephone number in connection with the Services, you verify that you are the current subscriber or owner of that number. In addition, you expressly agree that FacilityCoordinator.com and its affiliates may contact you by telephone or text message (including through the use of artificial voices, prerecorded voice messages, and/or autodialed calls and text messages) to the telephone number you provide or to any number provided to us on your behalf, for various purposes including verifying your identity, providing you with important notices regarding your account or use of the Services, fulfilling yours requests, or letting you know about promotions or FacilityCoordinator.com services we think we may be of interest to you. Your consent to receive automated calls and texts is completely voluntary, and you may opt out any time. You acknowledge that if you do not opt out, we may contact you even if your number is listed on a do-not-call list or if you cancel your account or terminate your relationship with us. You do not have to agree to receive promotional calls or texts as a condition of purchasing any goods or services.
You understand and agree, for any text messages sent to you in connection with the Services, that: (a) message frequency may vary, (b) message and data rates may apply, and FacilityCoordinator.com is not responsible for these charges, (c) you may reply HELP for information, (d) you can reply STOP to opt out at any time (though if you do, you agree to receive a single message confirming your opt-out); and (e) neither FacilityCoordinator.com nor mobile carriers involved in the text messaging are liable for delayed or undelivered messages. To opt out of automated voice calls, you must provide us with written notice revoking your consent by contacting us as described in our Privacy Statement, and including your full name, mailing address, account number, and the specific phone number(s) you wish to opt out of such calls.
You also acknowledge and agree that your telephone calls to or from FacilityCoordinator.com or its affiliates may be monitored and recorded. You must notify us immediately of any breach of security or unauthorized use of your telephone. Although we will not be liable for losses caused by any unauthorized use of your telephone, you may be liable for our losses due to such unauthorized use.
California Consumer Privacy Act. For the purposes of the California Consumer Privacy Act (“CCPA”), FacilityCoordinator.com shall be considered a Business and/or Third Party, as applicable. Where FacilityCoordinator.com acts as a Third Party, you represent, warrant and covenant that all Personal Information provided or otherwise made available to FacilityCoordinator.com is done so in compliance with applicable law, and that you have provided all necessary and appropriate notices and opt-outs, and otherwise have all necessary and appropriate rights, to enable FacilityCoordinator.com to: (i) share any and all Personal Information you provided with any FacilityCoordinator.com company, including FacilityCoordinator.com and any parent, subsidiary, affiliate, or related company of FacilityCoordinator.com (collectively, the “FacilityCoordinator.com Family Companies”); and (ii) use any such Personal Information in connection with any and all FacilityCoordinator.com Family Companies’ internal operations and functions, including, but not limited to, improving such FacilityCoordinator.com Family Companies’ products and/or services, operational analytics and reporting, marketing and advertising, internal financial reporting and analysis, audit functions and archival purposes. Notwithstanding the foregoing, the parties agree that the sharing of Personal Information between FacilityCoordinator.com Family Companies does not constitute a “sale” of such Personal Information under the CCPA. Capitalized terms in this paragraph have the meanings given those terms under the CCPA.
3. Description of the Services
The FacilityCoordinator.com Service is a property management information management service that allows you to track property information and helps you find ways to plan, manage and improve your property. The FacilityCoordinator.com Service is provided to you by FacilityCoordinator.com without charge (it is free, with optional paid features) and is meant to provide you with information to help you organize and manage your property.
We may also present you information relating to third party products or services that you may be interested in (“Third Party Offers,” as described more below, as well as provide you general tips, and recommendations.
Payment. For any portion of the Services offered on a payment or subscription basis, the following terms apply, unless FacilityCoordinator.com or its third party affiliate(s) otherwise notify you in writing. This Agreement also incorporates by reference and includes any program ordering and/or payment terms provided to you in connection with the Services.
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- Unless otherwise specified, you must pay with one of the following:
- A valid credit card acceptable to FacilityCoordinator.com;
- If your payment and registration information is not accurate, current, and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- FacilityCoordinator.com will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services subscription is cancelled or terminated under this Agreement.
- We reserve the right to change our subscription plans or adjust pricing for our Services in any manner and at any time, in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes or changes to your subscription plan will take effect following notice to you.
- At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our customers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion.
- If you believe a payment shown on your billing statement or receipt is wrong, or if you need more information about a payment listed, you must notify us no later than 90 days after we sent the first statement or receipt on which the problem or error appeared. The notification must include your name and the email address associated with your FacilityCoordinator.com profile, a clear description of the issue, and the dollar amount in question. We will investigate, and if we determine that an error occurred, we will credit your account.
Additional payment, cancellation, or renewal terms may be provided to you elsewhere in this Agreement or within the Services.
4. Account Information from Third Party Sites
FacilityCoordinator.com cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, device operating environment malfunctions or other service interruptions. FacilityCoordinator.com cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the Account Information is obtained. Such information may be more up-to-date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
5. Third Party Offers
Some parts of the Services may be supported by or include sponsored links from advertisers. The Services may display offers, including Third Party Offers, that may be custom matched to you based on information you choose to share with us. We will disclose when a particular offer is sponsored or otherwise provided by a third party.
In connection with Third Party Offers, the Services may provide links to third party sites or properties. Third Party Offers are provided to you as a convenience. FacilityCoordinator.com does not endorse, warrant, recommend, or guarantee the products or services available through the Third Party Offers, whether or not sponsored. FacilityCoordinator.com is not an agent, representative, or broker of any advertiser, or otherwise responsible for the activities or policies of third parties whose offers are shown.
Third party trademarks or logos are the property of their respective owners. Third party trademark holders are not affiliated with, nor do they sponsor or endorse, FacilityCoordinator.com or any of its products or services.
6. Your Registration Information and Electronic Communications
In connection with parts of the Services, you may need to sign up for an account with FacilityCoordinator.com. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources, including your mobile device and/or device operating environment. If you do not provide this information or FacilityCoordinator.com cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of any user ID and password used to access the Services. Those credentials, together with any mobile number or other information you provide, are considered your “Registration Information.” By providing us with your email address, you consent to receive all required notices and information. Electronic communications may be posted on the Services and/or delivered to your email address that we have on file for you. It is your responsibility to provide us with your complete, accurate contact information, or promptly update us in the event you change your information or ownership of your telephone number or other information changes. If we discover that any information provided in connection with your account is false or inaccurate, we may suspend or terminate your account at any time. If you use the FacilityCoordinator.com Live Services, you understand and agree that a FacilityCoordinator.com Financial Expert may make certain changes to your account or your information as described below. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser. Your consent to receive communications electronically is valid until you end your relationship with us.
You may print a copy of any electronic communications and retain it for your records. We reserve the right to terminate or change how we provide electronic communications and will provide you with appropriate notice in accordance with applicable law.
If you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, or that such information, device, or your account was otherwise used without your permission, you must notify us immediately by contacting security@FacilityCoordinator.com.com.
7. Your Use of the Services
FacilityCoordinator.com hereby grants you a limited personal license to access and use the Services as set forth in this Agreement. You are only granted a limited right to use of the Services and only for the purposes and by the means described by FacilityCoordinator.com and set forth in this Agreement. FacilityCoordinator.com reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, FacilityCoordinator.com grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services in accordance with the terms set forth herein.
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation, or this Agreement. You agree that you will not: provide access to or give any part of the Services to any third party; reproduce, modify, copy, sell, trade, lease, rent, or resell the Services; decompile, modify, copy, sell, trade, lease, rent, or resell the Services; or make the Services available on any file-sharing or application hosting service.
You must provide true, accurate, up to date, and complete information in connection with the Services and you may not misrepresent your Registration and Account Information. If you do not keep your Registration and Account Information up to date and accurate, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of device operating environment or other equipment, periodic updating, maintenance or repair of the Services or other actions that FacilityCoordinator.com, in its sole discretion, may elect to take. In no event will FacilityCoordinator.com be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime or use of a rooted or jailbroken mobile device.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, will be for FacilityCoordinator.com to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, the Services may include new and/or updated pre-release, beta, or trial features (“Sneak Preview” features) for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and FacilityCoordinator.com is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions FacilityCoordinator.com may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
8. Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device with Internet access and/or the download and installation of an authorized mobile app, and may not be available for all mobile devices or telecommunication providers. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees (including message and data rates) as well as the terms of your agreement with your mobile device and telecommunications provider. You will need to check the Services website to ensure your mobile device and telecommunications provider are compatible. FacilityCoordinator.com is not obligated to provide a compatible version of the Services (including but not limited to a compatible mobile app) for all mobile devices, operating systems or telecommunication providers, all of which are subject to change by FacilityCoordinator.com at any time without notice to you. FacilityCoordinator.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; and (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
If you choose to access and use the Services through a mobile app provided by FacilityCoordinator.com (“Mobile App”), solely as part of the Services, FacilityCoordinator.com hereby grants you a limited, personal, non-exclusive, revocable, non-transferable license to download, install and use a single copy of the Mobile App on your own personal mobile device(s) solely for your personal use of the Services as set forth in these terms. You agree that your access to and use of the Services via, through, by or within the Mobile App is governed by this Agreement. You further agree that your download, installation and use of the Mobile App is also governed by this Agreement, including but not limited to the disclaimer(s) of warranties, limitation(s) of liability and damages, dispute resolution, and other terms of this Agreement. You acknowledge and agree that the Mobile App is licensed, not sold. You agree not to use, nor permit any third party to use, the Mobile App in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give the Mobile App or any part of the Mobile App to any third party;
- Reproduce, duplicate, modify, copy, sell, trade, lease, rent or resell the Mobile App;
- Transfer your license to the Mobile App to any other party;
- Attempt unauthorized access to any FacilityCoordinator.com systems that are not part of the Services;
- Permit any third party to benefit from the use or functionality of the Mobile App via a rental, lease, timesharing, service bureau, hosting service, or other arrangement;
- Decompile, disassemble, or reverse engineer the Mobile App; or
- Make the Mobile App available on any file-sharing or application hosting service.
9. Online and Mobile Alerts
FacilityCoordinator.com may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. FacilityCoordinator.com may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. FacilityCoordinator.com may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. FacilityCoordinator.com will not be liable for any delays, failure to deliver, or misdirected delivery of any alert, for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the then-current email address or mobile number you have provided for the Services. If your email address or your mobile number changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts text messages. Changes to your email address and mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, depending on which alerts you select, alerts may include your user ID and certain information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
10. Rights You Grant to Us
In connection with your use of the Services, you may make available to us certain information, data, passwords, usernames, PINs, other log-in information, materials and/or other content that you upload, transmit, post, generate, store, or otherwise make available, including but not limited to feedback you provide to us through the Services (“Content”). You grant FacilityCoordinator.com a worldwide, royalty-free, non-exclusive license to host and use any such Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. FacilityCoordinator.com is not responsible for the Content or data you submit through the Services. By submitting Content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Content in connection with Services, other products or services, and our business, including without limitation for promoting and redistributing part or all of the site or Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your posted Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through the functionality of the Services and under this Agreement. FacilityCoordinator.com may use and store Content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to FacilityCoordinator.com for use for this purpose, without any obligation by FacilityCoordinator.com to pay any fees or be subject to any restrictions or limitations.
11. FacilityCoordinator.com’s Intellectual Property Rights
The contents of the Services, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to FacilityCoordinator.com or its software or content suppliers. FacilityCoordinator.com grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement.
12. Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without FacilityCoordinator.com’s express written consent, which may be withheld in FacilityCoordinator.com’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third party web browsers;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, such as rootkits, keyloggers, bots or that otherwise interfere with the proper working of the Services;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- Mirror or otherwise incorporate any part of the Services into any other site, or deep-link to any portion of the Services, without our express written permission
- Reproduce, modify, copy, sell, trade, lease, rent or resell the Services or otherwise use any portion of the Services, including but not limited to data published by FacilityCoordinator.com as part of the Services, for commercial purposes, without our express written permission;
- Copy, modify, or create derivative works of the Services or any Content (excluding your Content) without our express written permission;
- Copy or use the information, Content (excluding your Content), or data on our Services in connection with a competitive service, as determined by FacilityCoordinator.com; or
- Attempt to gain or enable unauthorized access to any portion of the Services.
13. Rules for Posting
As part of the Services, FacilityCoordinator.com may allow you to post Content on bulletin boards, blogs and at various other publicly available locations. These forums may be hosted by FacilityCoordinator.com or by one of our third party service providers on FacilityCoordinator.com’s behalf. You agree in posting Content to comply with the terms of this Agreement and its licensing restrictions, including the following rules:
- You are responsible for all Content you submit, upload, post or store through the Services.
- You grant each user a non-exclusive license to access your posted Content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
- You agree not to use, nor permit any third party to use, the Services to a) post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person; b) post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other users’ use of the Services, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the Services, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services or that negatively affects the availability of the Services to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through the Services that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
- You may not copy or use personal identifying or business contact information about other users without their permission. Unsolicited emails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services are prohibited.
- You agree that we may use any Content, including but not limited to any feedback, suggestions, or ideas you post in any way, including in future modifications of the Services, other products or services, advertising or marketing materials, and as otherwise set forth in the license grant above.
14. Social Features
Some of the Services may incorporate features offered by social media and other third party platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration. Any content you post, such as pictures, information, opinions, or other information that you make available through those features is subject to the terms of service and privacy policies of those platforms. Please refer to those platforms to better understand your rights and obligations with regard to such content.
15. Disclaimer of Representations and Warranties
THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. FacilityCoordinator.com, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER FACILITYCOORDINATOR.COM OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FacilityCoordinator.com OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR ROOT KITS OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DEVICE OPERATING ENVIRONMENT, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 17 OF THIS PROVISION MAY NOT APPLY TO YOU.
16. Limitations on FacilityCoordinator.com’s Liability
FACILITYCOORDINATOR.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR USE OF OR ACCESS TO THE THE SERVICES, INCLUDING ADD-ON SERVICES, DEVICE OPERATING ENVIRONMENT, OR THIS AGREEMENT, EVEN IF FACILITYCOORDINATOR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF FACILITYCOORDINATOR.COM, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.
17. Your Indemnification of FacilityCoordinator.com
You shall defend, indemnify and hold harmless FacilityCoordinator.com and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses (including reasonable attorneys’ fees), whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Services, including add-on Services and/or device operating environment.
18. Ending Your Relationship with FacilityCoordinator.com
If you want to end your relationship with FacilityCoordinator.com and close your account, you can do so by logging in to One FacilityCoordinator.com Account Manager and following instructions under the respective data and privacy settings.
Please note that if you wish to remove FacilityCoordinator.com from your mobile devices, then you may delete the Mobile App, however that will only delete your FacilityCoordinator.com data from the device.
FacilityCoordinator.com may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, or related other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable FacilityCoordinator.com policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with FacilityCoordinator.com’s interests or those of another user of the Services. Upon FacilityCoordinator.com notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect FacilityCoordinator.com’s rights to any payments due. FacilityCoordinator.com may terminate a free account at any time. Sections of this Agreement that by their nature are intended to survive will survive and remain in effect even if the Agreement is terminated.
FacilityCoordinator.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, including add-on Services, with or without notice, by electronic means (e.g. via email or by making the information available through the Services). FacilityCoordinator.com reserves the right to change the Services, including fees as may be applicable, in our sole discretion and from time to time. In such event, if you are a paid user, FacilityCoordinator.com will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services after you are notified of any change(s) will constitute your agreement to such change(s). You agree that FacilityCoordinator.com will not be liable to you or to any third party for any modification, suspensions, or discontinuance of the Services.
In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted. If you do not agree with any of the changes, you must immediately stop accessing our Services and your license to use our Services will immediately terminate.
20. Governing Law and Disputes
Most disagreements can be resolved informally and efficiently by contacting our customer support team. If you are a U.S. customer:
YOU AND FACILITYCOORDINATOR.COM AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT (A “CLAIM”) WILL BE DETERMINED BY BINDING ARBITRATION OR SMALL CLAIMS COURT, INSTEAD OF IN COURTS OF GENERAL JURISDICTION.
Either you or FacilityCoordinator.com can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or FacilityCoordinator.com may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and FacilityCoordinator.com are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your Services.
If you elect to seek arbitration, you must first send to FacilityCoordinator.com a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to FacilityCoordinator.com should be sent to 1625 International Dr. #305, McLean, VA 22102. The Notice of Claim should include both the mailing address and email address you would like FacilityCoordinator.com to use to contact you. If FacilityCoordinator.com elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by FacilityCoordinator.com, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and FacilityCoordinator.com agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and FacilityCoordinator.com therefore agree that, after a Notice of Claim is sent but before either you or FacilityCoordinator.com commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if FacilityCoordinator.com is represented by counsel, its counsel may participate in the conference as well, but FacilityCoordinator.com agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or FacilityCoordinator.com may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and FacilityCoordinator.com are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with FacilityCoordinator.com during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and FacilityCoordinator.com agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party’s election, the American Arbitration Association (“AAA”) will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless FacilityCoordinator.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California or the state of your residence and will be selected by the parties from the AAA’s National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an FacilityCoordinator.com company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. FacilityCoordinator.com will not seek to recover its attorneys’ fees and costs in arbitration from you unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.
Except as provided above, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or FacilityCoordinator.com and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or FacilityCoordinator.com prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would issue with no deference to the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA’s initial filing fee, but FacilityCoordinator.com will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Santa Clara County, California. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and FacilityCoordinator.com will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or FacilityCoordinator.com, and you and FacilityCoordinator.com waive any objection to such fee modification.
YOU AND FACILITYCOORDINATOR.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if you have elected arbitration, unless both you and FacilityCoordinator.com agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If FacilityCoordinator.com believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that FacilityCoordinator.com may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.
21. Allegations of Copyright and Trademark Infringements; Notification
FacilityCoordinator.com respects the intellectual property rights of others and FacilityCoordinator.com asks that users of the Services do the same. If you believe that your intellectual property is being used in connection with the Services in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to FacilityCoordinator.com at 1625 International Dr. #305, McLean, VA 22102
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to FacilityCoordinator.com may be shared with third parties, including the person who provided FacilityCoordinator.com with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is FacilityCoordinator.com’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send FacilityCoordinator.com’s Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Services where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
22. FacilityCoordinator.com Premium and Other Paid Subscription Tiers
These additional terms and conditions apply to use of FacilityCoordinator.com Premium and other paid subscription tiers for the FacilityCoordinator.com Services, and will prevail over any conflict or inconsistency with the Agreement above.
When you choose to take advantage of FacilityCoordinator.com Premium or other paid subscription tiers, a payment of the amount shown to you at the time of purchase will be charged to your account when the subscription begins, and it will auto renew as described at our then-current rates unless cancelled or terminated at least 48 hours before the end of a subscription period. Renewal payments will be charged on the payment date indicated with your subscription. You can manage your options and turn off autorenewals at any time, through your account settings with App Store or Google Play. You will continue to have access to subscription benefits through the end of your billing period. Payments are nonrefundable and there are no refunds or credits for partially used subscription periods.
In connection with FacilityCoordinator.com Premium or other paid tiers, we may provide the option to request cancellation of your recurring subscription to a third-party product or service (“Subscription Cancellation”). We may use certain third-party service providers to facilitate the Subscription Cancellation service. You expressly agree that we may share or otherwise provide these service providers access to your account information in order to process your Subscription Cancellation request. By requesting a Subscription Cancellation, you (i) represent that you have the legal capacity and authority to use this feature and to make changes to the account to which the Subscription Cancellation request relates; (ii) authorize us and our representatives to use the data you provide in connection with the Subscription Cancellation request to act as your agent, communicate with the applicable provider on your behalf to make changes to the relevant account(s), and if necessary, represent that we are making the request as or on behalf of the account holder, all solely for the purpose of completing the request; and (iii) give us express consent to cancel the designated subscription(s) on your behalf. You expressly agree that we may provide account verification details, including but not limited to your full name, service address, account number, payment verification, or security code, in order to validate the account with the third-party provider and proceed with your requested cancellation. Please note that even if we cancel a subscription on your behalf, your relationships with such third-party providers remain subject to such providers’ terms of service and privacy statements. When you cancel a subscription, the provider’s terms will govern whether you receive a refund. If you cancel a subscription during a billing period, the provider’s terms will govern whether you still have access to the services for the remainder of the billing period.
23. App Store
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
- You acknowledge and agree that (i) the Agreement is between you and FacilityCoordinator.com only, and not Apple, and (ii) FacilityCoordinator.com, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between FacilityCoordinator.com and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of FacilityCoordinator.com.
- You and FacilityCoordinator.com acknowledge that, as between FacilityCoordinator.com and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and FacilityCoordinator.com acknowledge that, in the event of any third -party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between FacilityCoordinator.com and Apple, FacilityCoordinator.com, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
- You and FacilityCoordinator.com acknowledge and agree that Apple, and Apple’s subsidiaries, are third -party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you.