FloorTek Coatings Terms of Use

Effective Date: October 20, 2026

These Terms of Use ("Terms") govern your access to and use of the website located at https://www.floortekcoatings.com (the "Site") and any related products, services, quotes, estimates, and communications provided by FloorTek Coatings ("FloorTek," "we," "us," or "our"). Please read these Terms carefully. By accessing or using the Site or by requesting or receiving our services or communications, you agree to be bound by these Terms. If you do not agree, do not use the Site or our services.

1. Acceptance of Terms

By accessing the Site, submitting a form, requesting a quote or estimate, or otherwise communicating with us, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. These Terms apply to all visitors, users, and customers.

2. Eligibility

You must be at least 18 years of age and able to form a legally binding contract to use the Site or request our services. By using the Site, you represent and warrant that you meet these requirements and that any information you provide is accurate and truthful.

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3. Use of the Site and License

Subject to these Terms, FloorTek grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purpose of learning about and requesting our flooring and concrete-coating services. You agree not to misuse the Site, interfere with its operation, attempt to gain unauthorized access to any systems, or use the Site for any unlawful purpose.

4. Intellectual Property

All content on the Site, including text, graphics, logos, images, photographs, designs, and software, together with all rights, title, and interest in such property, is owned by FloorTek or its licensors and is protected by applicable intellectual-property laws. No intellectual-property rights are transferred to you by your use of the Site. You may not copy, reproduce, distribute, or create derivative works from any content without our prior written permission.

5. User Submissions and Conduct

When you submit information through a form, review, or other communication, you represent that the information is accurate and that you have the right to provide it. You agree not to submit content that is unlawful, misleading, infringing, defamatory, or otherwise objectionable. You are responsible for maintaining the confidentiality of any account credentials you create and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

6. FloorTek SMS Terms and Conditions

Consent and opt-in. By providing your mobile number and opting in, you expressly consent to receive text messages (SMS/MMS) from FloorTek at the mobile number you provide. Consent to receive marketing or promotional text messages is not a condition of purchasing any goods or services from us. You may still request and receive our services without agreeing to receive text messages.

Program description and message types. When you opt in, you will receive text messages (SMS/MMS) at your mobile number. These messages may include responses to a quote, estimate, or service inquiry; real-time texts to ask and answer questions about our services and pricing; appointment scheduling and confirmations; feedback requests; project updates; and follow-ups.

Message frequency. Message frequency varies. You may receive recurring messages depending on your inquiries, appointments, and active projects.

Costs. Message and data rates may apply for any messages sent to you from us and to us from you. If you have questions about your text or data plan, please contact your wireless provider.

Opt out. You can opt out of the program at any time. Text the keyword STOP to the number from which you receive our messages. After you text STOP, we will send you an SMS reply to confirm that you have been unsubscribed. After this confirmation, you will no longer receive SMS messages from us. If you want to rejoin, sign up again as you did the first time or text START, and we will resume sending SMS messages to you.

Help. If you are experiencing any issues, reply with the keyword HELP for assistance. You can also get help directly from us through our contact page at https://www.floortekcoatings.com/contact-us.

Carrier disclaimer. Carriers, such as AT&T, are not liable for delayed or undelivered messages.

Privacy. No mobile information, opt-in, or consent data will be shared with any third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent are not shared with any third parties. For all other categories of information, information sharing is governed by our Privacy Policy. If you have any questions regarding privacy, please read our Privacy Policy.

7. Consent to Communications

By submitting a form or providing your contact information, you authorize FloorTek and its service providers to contact you at the phone number, email address, or mobile number you provide, including by phone call, text message, email, and automated or prerecorded systems, regarding your inquiry, quote, appointment, or account. Consent to receive marketing communications is not required as a condition of purchasing any goods or services. Standard message and data rates may apply.

Consent to Electronic Records and Signatures. Applicable law may require us to give you certain information in writing in connection with your consent to receive informational, advertising, and telemarketing calls and text messages. By opting in to receive calls or texts from us, you agree that we may provide that information electronically instead of on paper, and that your electronic opt-in serves as your signature. You may withdraw this consent, update your contact information, or request a free paper copy by emailing help@oxfloors.com. To access and keep a copy of this page, you need a device (such as a computer or mobile phone) with a web browser and internet access, and either storage space on that device or a connected printer.

8. Third-Party Services and Links

The Site may reference or link to third-party websites, products, or services. Your use of any third-party service is at your own risk and is governed by that third party's own terms and policies. FloorTek does not control and is not responsible for the content, policies, or practices of any third-party website or service, and we disclaim liability for any damages arising from your use of them.

9. Disclaimer of Warranties

The Site and its content are provided on an "as is" and "as available" basis. You assume full responsibility for using the Site at your own risk. To the fullest extent permitted by law, FloorTek disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the fullest extent permitted by law, FloorTek and its owners, officers, employees, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or related to your use of the Site or these Terms, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless FloorTek and its owners, officers, employees, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including violation of these Terms. Provisions that by their nature should survive termination, including intellectual-property rights, disclaimers, limitation of liability, and indemnification, will survive.

13. Dispute Resolution; Including Mandatory Arbitration and Class Waiver

Any controversy, claim or dispute arising out of or related to these Terms, the Site, or any call, text message, email, or other communication from us or on our behalf, including, but not limited to, alleged violations of state or federal statutory or common law rights or duties between you and us, and including any that arose before you agreed to these Terms (a “Dispute”), shall be solely and exclusively resolved according to the procedures set forth in this Section. If the parties are unable to resolve any Dispute through informal means, either party may initiate binding arbitration of such Dispute by sending notice demanding arbitration to the other party. Notices to us under this Section must be sent to legal@oxfloors.com (subject line: “Demand for Informal Dispute Resolution”) or 3050 SE Federal Highway, Stuart, Florida 34994, Attn: Legal Department. Please also send a copy to Minerley Fein, P.A., at info@minerleyfein.com or 1200 N. Federal Highway, Suite 420, Boca Raton, Florida 33432; a notice is effective when we receive it, whether or not a copy is sent. The demand for arbitration must be made within the time allowed by the applicable statute of limitations. The arbitration shall be initiated and conducted under the American Arbitration Association’s Consumer Arbitration Rules (the “Arbitration Rules”). The arbitration shall be conducted by video or in the county where you live, before a single neutral arbitrator appointed in accordance with the Arbitration Rules. Either party may instead bring a Dispute in small claims court in the county where you live, to the extent permitted by the Arbitration Rules. If the amount in controversy is less than $10,000, the parties agree that the Dispute will be decided on the basis of written submissions without a hearing. The decision of the arbitrator will be final without option to appeal. Arbitration costs and fees shall be divided in accordance with the Arbitration Rules. Each party shall be responsible for paying its own attorneys’ fees, costs, and expenses, regardless of which party prevails, but a party may recover attorneys’ fees, costs, or expenses from another party if the arbitrator, applying applicable law, so determines. No disputes may be arbitrated on a class or representative basis and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY AGREEING TO THESE TERMS, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO JOIN CLAIMS OR DISPUTES WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION, CLASS ARBITRATION, OR SIMILAR PROCEDURAL DEVICE; AND WAIVES ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW OR BEFORE A JURY. Judgment on the award rendered by the arbitrator(s), if any, may be entered for enforcement purposes in any court having jurisdiction thereof.

Mass Arbitration Process Requirements. If twenty-five (25) or more similar claims are asserted against us at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your claim is one such claim), you understand and agree that the resolution of your claim might be delayed. Before any such claim may be filed in arbitration, the claimant must send us an individual written notice of the claim as provided above, personally signed by the claimant (and the claimant’s lawyer, if any), describing the claim and the relief sought, and the parties must try in good faith to resolve it informally for sixty (60) days. You also agree to the following process and to the application of the AAA’s mass arbitration rules and fee schedule then in effect. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by us. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which we will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by us. (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. Each proceeding decides only its own claim and has no preclusive effect on any other claim. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which we will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, unless a Process Arbitrator appointed under the AAA’s rules orders a larger number or faster schedule to avoid unreasonable delay, until all the coordinated claims, including your claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time we receive notice of your claim until the time your claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against us. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

If we change this Section, the change will not apply to any Dispute that arose, or that we had notice of, before the change takes effect. This Section is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Except for Disputes resolved under Section 13, any dispute arising out of or relating to these Terms or the Site will be resolved exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction and venue of those courts.

15. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide notice, such as by posting the updated Terms on the Site with a new effective date. Your continued use of the Site or our services after changes take effect constitutes your acceptance of the revised Terms.