Applies to: facilityfirst.com
Related policies: Privacy Policy; Code of Ethics
1. Agreement to These Terms
1.1 These Website Terms and Conditions (the “Terms”) govern access to and use of the website located at facilityfirst.com, including all pages, content and features made available through it, in any language (the “Website”). The Website is owned and operated by Facility First, Inc., a Florida corporation headquartered at 407 Lincoln Road, Miami Beach, FL 33139 (“Facility First,” “we,” “us” or “our”).
1.2 By accessing or using the Website, each visitor agrees to be bound by these Terms and by the Facility First Privacy Policy, which is incorporated into these Terms by reference. Any person who does not agree to these Terms must not use the Website.
1.3 A person who uses the Website on behalf of a company or other organization represents that he or she is authorized to accept these Terms on its behalf, and references to a “User” include that organization.
2. Definitions
2.1 In these Terms:
- “Content” means all text, graphics, maps, logos, photographs, page layouts, data compilations and other material made available on the Website.
- “Resources” means Insights articles, research briefs, guides, glossaries, statistics pages, checklists, templates, calculators, cost guides and other informational or downloadable material made available on the Website.
- “Services” means the facility maintenance and repair program management services Facility First provides to clients, including receiving service requests, dispatching Service Providers, managing approvals, verifying completed work and invoicing.
- “Service Agreement” means a written agreement signed by Facility First and a client that governs the provision of Services, including any program agreement.
- “Service Provider” means an independent local contractor that Facility First engages to perform maintenance, repair or other trade work at client facilities.
- “Service Provider Agreement” means a written agreement signed by Facility First and a Service Provider that governs the Service Provider’s work.
- “User” means any person or organization that accesses or uses the Website.
3. Purpose of the Website
3.1 The Website provides general information about Facility First and the Services. It is not an offer to provide Services and does not create a client relationship.
3.2 Services are provided only under a Service Agreement. Descriptions of Services, trades, coverage areas, the Service Provider network, response capabilities and similar information on the Website are general in nature. The scope, trades, response times, pricing, currency, taxes and terms of any engagement are set exclusively by the applicable Service Agreement, which controls over any statement on the Website.
3.3 Any proposal, estimate or rate information provided in response to a Website inquiry is non-binding until it is incorporated into a signed Service Agreement.
3.4 Calculators, cost guides and other planning tools on the Website produce approximations for general planning purposes only. Their results are not a quotation or proposal and do not bind Facility First.
3.5 The Website, its forms and the email addresses published on it are not monitored for emergencies and must not be used to request emergency or urgent service. Clients must submit service requests, including urgent requests, through the channels set out in their Service Agreement. In an emergency involving a risk to life, health or property, contact 911 or local emergency services.
3.6 Maintenance, repair and other trade work in Facility First programs is performed by Service Providers, which are responsible for holding the licenses, permits and insurance the work requires. The terms on which any work is performed for a client are set exclusively by the applicable Service Agreement.
3.7 Security services described on the Website, including under the name Security by McCray, are provided by McCray Global Protection Corp., a separate company, under its own written agreement with the client. Facility First does not provide security services.
4. Eligibility
4.1 The Website is intended for business and professional audiences. Users must be at least 18 years of age.
5. Permitted Use
5.1 Facility First grants Users a limited, revocable, non-exclusive and non-transferable right to access the Website and view its Content for lawful informational purposes, including evaluating the Services, applying to join the Service Provider network or evaluating Facility First as an employer.
5.2 Users may not:
- use the Website in violation of any applicable law or regulation;
- copy, reproduce, republish, frame or distribute Content for commercial purposes without Facility First’s prior written consent, except as Section 8 permits for Resources;
- remove, alter or obscure any copyright, trademark or other proprietary notice on the Website or in any Resource;
- use any automated means, including robots, scrapers or data-mining tools, to access, collect or index the Website or its Content, other than generally available search engines operating in accordance with the Website’s robots instructions;
- attempt to gain unauthorized access to the Website, its servers or any connected system, or probe, scan or test the vulnerability of any of them;
- interfere with or disrupt the operation of the Website, or transmit malicious code, spam or unsolicited communications through it;
- impersonate any person or misrepresent an affiliation with any person or organization, including Facility First or any Service Provider; or
- use the Website or its Content to plan, facilitate or conceal any activity that could compromise the safety or security of Facility First, its personnel, its clients, Service Providers or the facilities at which Services are performed.
5.3 A suspected security vulnerability in the Website may be reported to Facility First through the contact listed in the Website’s security.txt file. This Section does not authorize any activity that Section 5.2 prohibits.
5.4 Facility First may suspend or terminate access to the Website, in whole or in part, at any time and without notice, including for any breach of these Terms.
6. Information Submitted Through the Website
6.1 Users who submit information through the Website, including through proposal request or Service Provider application forms, agree that the information is accurate and that they are entitled to provide it.
6.2 Users should not submit Social Security numbers, financial account information, government identification numbers, security plans, alarm or access codes or other sensitive or confidential information through the Website. Submitting information through the Website does not create a confidential, fiduciary or client relationship with Facility First.
6.3 Facility First handles personal information in accordance with its Privacy Policy.
6.4 By submitting a form or contacting Facility First electronically, a User agrees to receive electronic communications from Facility First about the inquiry or request.
6.5 If a User provides suggestions or feedback about the Website or the Services, Facility First may use them without restriction or compensation.
7. Employment and Service Provider Information
7.1 Information on the Website about careers, positions or the application process is provided for general information only. Nothing on the Website is an offer of employment, a guarantee of employment or a contract of employment. Employment with Facility First is governed by the documents provided during the hiring process and by applicable law.
7.2 Job applications may be submitted through third-party job platforms linked from the Website. Those platforms are governed by their own terms and privacy policies.
7.3 Information on the Website about joining the Service Provider network is provided for general information only. Submitting a Service Provider application does not create a contract, a relationship of any kind or a commitment to assign any work or volume of work. A Service Provider performs work only under a signed Service Provider Agreement, which controls over any statement on the Website. Nothing on the Website makes a Service Provider an employee, agent, partner or joint venturer of Facility First.
8. Insights and Resources
8.1 Resources are provided for general information. They reflect information available when published, may not be updated after publication, may rely on third-party data that Facility First does not control, and are not legal, engineering, building code, safety, insurance or other professional advice. Using a Resource does not create a client relationship with Facility First.
8.2 Subject to these Terms, Facility First grants each User a limited, non-exclusive and non-transferable license to download, print and adapt downloadable checklists and templates for the User’s own internal business use, including to prepare the User’s own documents, such as a request for proposal the User issues. Users may not sell, sublicense, republish or distribute the Resources themselves without Facility First’s prior written consent.
9. Intellectual Property
9.1 The Website and its Content are owned by Facility First or its licensors and are protected by copyright, trademark and other intellectual property laws.
9.2 The name Facility First, the Facility First logo, and the tagline The Crew Behind the Scenes℠ are trademarks or service marks of Facility First. They may not be used without Facility First’s prior written consent.
9.3 The names McCray, McCray Global Protection and Security by McCray, and the McCray logo, are trademarks or service marks of McCray Global Protection Corp. Other names and marks that appear on the Website belong to their respective owners.
9.4 All rights not expressly granted in these Terms are reserved by Facility First.
10. Licensing and Regulatory Information
10.1 The Website may include general information about trade licensing, permits, inspections, building, fire and life safety codes, environmental requirements and similar matters, and references to regulators and public sources in various jurisdictions. This material is compiled from publicly available sources for general reference only. It is not legal advice, may not reflect recent changes in law or regulation, and should not be relied on as a substitute for confirming current requirements directly with the relevant regulator or authority having jurisdiction or with qualified counsel.
10.2 Statements about licenses, certifications or insurance held by Service Providers describe credentials at the time of publication. Each Service Provider is responsible for holding and maintaining the licenses, permits and insurance its work requires. Current status of a particular credential may be confirmed with Facility First or with the issuing authority.
11. Third-Party Sites and Services
11.1 The Website may link to or display content from third-party websites and services, including government sites, maps, translation services, job platforms, professional associations, social media platforms, the McCray Global Protection website and the service request and login portals linked from the Website, which operate on a separate platform under their own terms. Facility First does not control and is not responsible for their content, availability, security or privacy practices. A link does not imply endorsement. Use of a third-party site is governed by that site’s own terms and policies.
12. Disclaimer of Warranties
12.1 THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FACILITY FIRST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
12.2 Facility First does not warrant that the Website will be uninterrupted, secure or error-free, that Content is complete, accurate or current, or that the Website is free of viruses or other harmful components.
13. Limitation of Liability
13.1 TO THE FULLEST EXTENT PERMITTED BY LAW, FACILITY FIRST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE WEBSITE OR ITS CONTENT, WHETHER BASED ON CONTRACT, TORT, STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 TO THE FULLEST EXTENT PERMITTED BY LAW, FACILITY FIRST’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
13.3 Sections 13.1 and 13.2 apply only to use of the Website. Liability relating to Services, including work performed by Service Providers in connection with the Services, is governed exclusively by the applicable Service Agreement. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply.
14. Indemnification
14.1 Each User agrees to defend, indemnify and hold harmless Facility First and its officers, directors, employees, affiliates and agents from any claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of that User’s breach of these Terms or misuse of the Website.
15. Governing Law and Venue
15.1 These Terms and any dispute arising out of or relating to the Website are governed by the laws of the State of Florida, without regard to its conflict of laws rules.
15.2 Any action arising out of or relating to these Terms or the Website must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and each User consents to the personal jurisdiction of those courts. This Section does not limit any mandatory consumer protection rights available under the law of a User’s place of residence.
15.3 To the extent permitted by law, any claim arising out of or relating to these Terms or the Website must be commenced within one year after the claim arises.
16. Sanctions and Export Compliance
16.1 Each User represents that it is not located in a country or territory subject to comprehensive U.S. sanctions and is not identified on any U.S. government list of prohibited or restricted parties. Facility First does not provide Services in violation of applicable sanctions or export control laws.
17. Translations
17.1 Portions of the Website, including these Terms, may be made available in languages other than English for convenience. If there is any conflict or inconsistency between the English version and a translation, the English version controls to the extent permitted by applicable law.
18. Changes to These Terms
18.1 Facility First may update these Terms from time to time. The updated Terms will be posted on this page with a revised effective date and take effect when posted. Continued use of the Website after that date constitutes acceptance of the updated Terms. Changes do not apply to a dispute that arose before the change took effect.
19. General Provisions
19.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between Facility First and each User regarding the Website. They do not amend or replace any Service Agreement, Service Provider Agreement or other written agreement with Facility First.
19.2 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
19.3 No waiver. Facility First’s failure to enforce any provision of these Terms is not a waiver of its right to do so later.
19.4 Assignment. Facility First may assign its rights and obligations under these Terms. Users may not assign their rights or obligations without Facility First’s prior written consent.
19.5 Survival. Sections 6.5, 7.3, 8, 9, 12, 13, 14, 15, 17 and 19 survive any suspension or termination of a User’s access to the Website.
19.6 Notices. Legal notices to Facility First must be sent in writing to the address in Section 20, with a copy by email to legal@mccraygp.com.
19.7 Headings. Headings are for convenience only and do not affect interpretation.
20. Contact
20.1 Questions about these Terms should be directed to:
Facility First, Inc.
Attn: Legal Department
407 Lincoln Road
Miami Beach, FL 33139
United States
legal@mccraygp.com