Please read these Terms of Service ("Terms") carefully before using the FacilitiesFinder website and service (the "Service") operated by FacilitiesFinder ("we", "us", or "our"). In these Terms, "you" and "Subscriber" refer to the individual or entity that registers for or uses the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service. These Terms incorporate our Privacy Policy by reference.
FacilitiesFinder is a territory-based sales intelligence platform that provides access to industrial and commercial facility data, contact information, and related sales prospecting tools. The Service includes facility search, territory mapping, contact unlocking, list management, and data export features.
The Service includes a directory of business contact information for professionals working at industrial and commercial facilities across the United States (the "Directory"). The Directory is compiled from publicly available sources, government databases, and third-party data providers.
To use certain features of the Service, you must register for an account. You agree to:
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during your subscription term.
The Service and the data obtained through it may only be used for the following permitted purposes:
You agree NOT to:
Important Notice:
Subscriber is solely responsible for ensuring that its use of contact data obtained through the Service complies with all applicable federal, state, and local laws and regulations, including but not limited to:
FacilitiesFinder does not warrant that the Service enables compliance with any particular law. The inclusion of a contact's information in the Directory does not constitute a representation that contacting that individual is lawful under all circumstances.
If FacilitiesFinder receives a data subject removal or opt-out request relating to a contact whose information you have obtained through the Service, we will notify you, and you must promptly delete that contact's information from your records and cease further outreach to that individual.
Subscriber must honor all opt-out and unsubscribe requests received in response to communications sent using data obtained through the Service.
Some parts of the Service are billed on a subscription basis. You will be billed in advance on a recurring monthly or annual basis depending on the billing cycle you select.
Contact unlock credits ("Credits") are included with your subscription plan. The following terms apply to Credits:
The data available through the Service is compiled from publicly available sources, government databases, and third-party data providers. While we make reasonable efforts to maintain accurate and current information:
The Service and its original content, features, functionality, underlying technology, and the compilation of data in the Directory are and will remain the exclusive property of FacilitiesFinder and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. Our trademarks may not be used in connection with any product or service without our prior written consent.
Subscriber retains ownership of all user-generated content created through the Service, including territories, lists, notes, and tags. Subscriber grants FacilitiesFinder a non-exclusive, royalty-free license to use such content solely to provide and improve the Service.
If you provide feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without any obligation of compensation or attribution.
Publicity. FacilitiesFinder may identify Subscriber as a customer and use Subscriber's name and logo on the FacilitiesFinder website and in marketing materials. If Subscriber objects to such use, Subscriber may notify us in writing at info@facilitiesfinder.com, and we will remove Subscriber's name and logo within a reasonable time. Any press release or other public announcement specifically referring to the relationship between the parties shall require the prior written approval of both parties.
Termination for cause. Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice of the breach (or 10 days in the case of non-payment).
Termination for insolvency. Either party may terminate these Terms immediately upon written notice if the other party: (a) becomes insolvent or admits its inability to pay its debts generally as they become due; (b) becomes subject, voluntarily or involuntarily, to any proceeding under any bankruptcy or insolvency law; (c) is dissolved or liquidated or takes any corporate action for such purpose; (d) makes a general assignment for the benefit of creditors; or (e) has a receiver, trustee, custodian, or similar agent appointed by court order.
Suspension. We reserve the right to immediately suspend your access to the Service, without prior notice, if we reasonably believe that:
Effect of termination. Upon termination of your subscription for any reason:
Surviving provisions. Sections 5 (Restrictions on Use), 6 (Subscriber Compliance Obligations), 10 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 15 (General Provisions) shall survive any termination or expiration of these Terms.
The Service is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, FacilitiesFinder disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of data. FacilitiesFinder does not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. FacilitiesFinder makes no warranty regarding the accuracy, completeness, timeliness, or reliability of any data or content obtained through the Service. No advice or information, whether oral or written, obtained from FacilitiesFinder or through the Service shall create any warranty not expressly stated in these Terms.
To the fullest extent permitted by applicable law, in no event shall FacilitiesFinder, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, business opportunities, or other intangible losses, arising out of or in connection with your access to or use of (or inability to access or use) the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not FacilitiesFinder has been informed of the possibility of such damage.
To the fullest extent permitted by applicable law, FacilitiesFinder's total aggregate liability arising out of or relating to these Terms or the Service shall not exceed the total fees paid by Subscriber to FacilitiesFinder during the twelve (12) months immediately preceding the event giving rise to the claim.
The limitations in this section shall not apply to (a) Subscriber's breach of Sections 5 (Restrictions on Use) or 6 (Subscriber Compliance Obligations), or (b) either party's indemnification obligations under Section 14.
You agree to defend, indemnify, and hold harmless FacilitiesFinder and its officers, directors, employees, contractors, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Indemnification procedures. We will provide you with prompt written notice of any claim subject to indemnification. You shall have the right to control the defense and settlement of any such claim, provided that you may not settle any claim in a manner that imposes obligations on FacilitiesFinder without our prior written consent. FacilitiesFinder reserves the right to participate in the defense of any claim at its own expense.
Governing law. These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
Dispute resolution. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in the State of Illinois. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class action waiver. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against FacilitiesFinder.
Exceptions. Notwithstanding the arbitration provision above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Either party may also bring claims in small claims court if the claim qualifies.
Changes to Terms. We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to the new terms taking effect by posting the updated Terms on this page and, where practicable, notifying you by email. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of the changes.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Force majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or orders, internet or telecommunications outages, power failures, strikes, or shortages of materials. This provision does not excuse Subscriber's obligation to pay Fees.
Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. FacilitiesFinder may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this provision shall be null and void. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
Waiver. No failure or delay by either party in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy. A waiver of any right or remedy on one occasion shall not be deemed a waiver of that right or remedy on any subsequent occasion.
No third-party beneficiaries. These Terms are for the sole benefit of the parties hereto and do not confer any rights or remedies upon any third party.
Notices. All notices required or permitted under these Terms shall be in writing and delivered by email. Notices to FacilitiesFinder shall be sent to info@facilitiesfinder.com. Notices to Subscriber shall be sent to the email address associated with Subscriber's account. Notices are deemed received on the date sent if delivered during normal business hours, or on the next business day if sent outside normal business hours.
Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and FacilitiesFinder regarding the Service and supersede all prior agreements, representations, and understandings.
Contact. If you have any questions about these Terms, please contact us at:
Email: info@facilitiesfinder.com