Last updated: July 30, 2026
These Terms of Service are issued by HTX Floor, the operating name of HTX FLOORING AND CARPET LLC, a Utah limited liability company with its principal place of business at 8881 S 400 E, Sandy, Utah 84070-2472, United States. Throughout this document, references to HTX Floor, we, us, or our refer to HTX FLOORING AND CARPET LLC.
By accessing, browsing, or using the website located at htxfloor.autos and any subdomains, related microsites, mobile versions, application programming interfaces, or other digital properties operated by HTX FLOORING AND CARPET LLC (collectively, the Site), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the Terms). These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and HTX FLOORING AND CARPET LLC, a Utah limited liability company headquartered in Sandy, Utah.
If you are using the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case the terms you or your shall refer to such entity. If you do not have such authority, or if you do not agree with any provision of these Terms, you must not access or use the Site or engage our services. Your continued use of the Site following the posting of any modifications to these Terms constitutes your acceptance of the revised Terms.
We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. Material changes will be communicated through a notice on the Site, via email to registered users, or through other reasonable means. It is your responsibility to review these Terms periodically for updates. The version date at the top of this page indicates when these Terms were last revised.
HTX Floor provides design systems consulting, digital transformation strategy, brand experience design, custom software development, user interface and user experience (UI/UX) design, platform architecture and engineering, and related professional technology services (collectively, the Services). The specific scope, deliverables, timeline, milestones, acceptance criteria, and compensation for any Services engagement shall be defined in a separate written agreement, statement of work, proposal acceptance, or service order executed by both parties (each, a Service Agreement).
The Site itself serves informational and lead-generation purposes. Nothing on the Site constitutes a binding offer to perform Services. All projects, pricing estimates, timelines, and feature descriptions displayed on the Site are illustrative and subject to change without notice. A binding engagement arises only upon mutual execution of a Service Agreement. We reserve the right to refuse service to any person or entity at our sole discretion, provided such refusal does not violate applicable anti-discrimination laws.
HTX Floor may, from time to time, offer maintenance, support, and post-launch services under separate terms or as specified within the applicable Service Agreement. Any ongoing support obligations, including response times, availability commitments, and update frequency, shall be detailed in writing and are not implied by these general Terms.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, revocable license to access and view the Site content for your personal, non-commercial use or for evaluating potential engagement of our Services. This license does not include any right to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material on the Site except as explicitly permitted herein.
When using the Site, you agree not to engage in any of the following prohibited activities:
Unless otherwise expressly stated in a Service Agreement, all content, features, and functionality available on or through the Site — including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, page layout, underlying code and software, design elements, typography choices, color schemes, user interface patterns, and the selection and arrangement thereof — are owned by HTX FLOORING AND CARPET LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The HTX Floor name, the HTX Floor logo, the HTX FLOORING AND CARPET mark, and all related names, logos, product and service names, designs, and slogans displayed on the Site are trademarks of HTX FLOORING AND CARPET LLC or its affiliates. You must not use such marks without the prior written permission of HTX FLOORING AND CARPET LLC. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
Unless otherwise agreed in a Service Agreement, upon full payment for Services rendered, HTX Floor assigns to the client all right, title, and interest in the final deliverables created specifically for that client under the applicable Service Agreement, excluding any pre-existing materials, tools, frameworks, libraries, methodologies, or proprietary processes used by HTX Floor in the course of creating such deliverables (collectively, HTX Floor IP). HTX Floor retains ownership of all HTX Floor IP and grants the client a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use such HTX Floor IP solely as incorporated into the final deliverables. No rights are granted by implication, estoppel, or otherwise beyond those expressly set forth herein or in a Service Agreement.
In connection with any engagement of our Services, you agree to provide accurate, complete, and timely information as reasonably requested by HTX Floor to facilitate the delivery of the Services. This includes, without limitation, providing access to necessary personnel, systems, data, and documentation; reviewing and responding to deliverables and requests for feedback within mutually agreed timeframes; and designating a primary point of contact with decision-making authority regarding the project.
You represent and warrant that any materials, content, data, images, text, or other information you provide to HTX Floor for use in connection with the Services (collectively, Client Materials) do not and will not infringe upon, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary rights. You further represent that you have obtained all necessary consents, licenses, and permissions required for HTX Floor to use the Client Materials in the delivery of the Services.
You acknowledge that delays caused by your failure to meet your obligations under this section may result in corresponding adjustments to project timelines, milestones, and delivery dates as specified in the applicable Service Agreement. HTX Floor shall not be liable for any such delays or their consequences.
Each party (the Receiving Party) agrees to hold in strict confidence all non-public, proprietary, or confidential information disclosed by the other party (the Disclosing Party), whether orally, in writing, or through any other medium, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (collectively, Confidential Information).
Confidential Information includes, but is not limited to, business strategies, financial data, customer and prospect lists, pricing structures, technical specifications, source code, algorithms, design mockups, architectural plans, marketing strategies, employee information, and any other information that derives independent economic value from not being generally known. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms by the Receiving Party; (b) was rightfully known to the Receiving Party prior to disclosure by the Disclosing Party without any obligation of confidentiality, as evidenced by contemporaneous written records; (c) is rightfully received by the Receiving Party from a third party without restriction on disclosure; or (d) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
The Receiving Party shall use the Disclosing Party's Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms and any applicable Service Agreement. The Receiving Party shall not disclose Confidential Information to any third party without the Disclosing Party's prior written consent, except to its employees, contractors, and agents who have a need to know such information and are bound by confidentiality obligations at least as protective as those set forth in this section. The Receiving Party shall protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of a similar nature, but in no event less than reasonable care.
These confidentiality obligations shall survive termination or expiration of these Terms for a period of three (3) years, or indefinitely with respect to any Confidential Information that constitutes a trade secret under applicable law. Upon termination or expiration of these Terms, or upon the Disclosing Party's written request, the Receiving Party shall promptly return or, at the Disclosing Party's option, securely destroy all copies of Confidential Information in its possession or control and certify such destruction in writing, provided that the Receiving Party may retain one archival copy solely for compliance and legal record-keeping purposes, subject to continuing confidentiality obligations.
The site and all information, content, materials, products, and services included on or otherwise made available to you through the site are provided by HTX Floor on an "as is" and "as available" basis, unless otherwise specified in a signed service agreement. HTX FLOORING AND CARPET LLC makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, products, or services included on or otherwise made available to you through the site, except as otherwise expressly specified in a service agreement. You expressly agree that your use of the site is at your sole risk.
To the fullest extent permissible by applicable law, HTX FLOORING AND CARPET LLC disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. HTX Floor does not warrant that the site will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components; that the information on the site is accurate, complete, reliable, or current; that defects will be corrected; or that the site or the server that makes it available is free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from HTX Floor or through the site shall create any warranty not expressly stated in these terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations and disclaimers may not apply to you. In such jurisdictions, HTX Floor's liability shall be limited to the maximum extent permitted by law, and the disclaimers and limitations set forth in these terms shall apply to the fullest extent enforceable under applicable law.
Htx floor makes no representation that the site or its content are appropriate, lawful, or available for use in all locations. Those who access or use the site do so on their own initiative and are responsible for compliance with all applicable local laws, rules, and regulations. Htx floor shall not be liable for any damages arising from the unavailability or interruption of the site, regardless of the cause.
To the maximum extent permitted by applicable law, in no event shall HTX FLOORING AND CARPET LLC, its officers, directors, members, managers, employees, agents, affiliates, successors, assigns, independent contractors, service providers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, statutory, or punitive damages, including without limitation loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, business interruption, cost of procurement of substitute goods or services, or any other intangible losses, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not HTX Floor has been advised of the possibility of such damages, arising out of or in connection with:
Notwithstanding anything to the contrary in these terms, HTX FLOORING AND CARPET LLC's total aggregate liability to you for all claims arising out of or relating to these terms or your use of the site, whether in contract, tort, or otherwise, shall not exceed the greater of (a) the total fees paid by you to HTX Floor in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100.00). The foregoing limitations of liability shall apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. You acknowledge and agree that the disclaimers of warranties and limitations of liability in sections 7 and 8 are a fundamental basis of the bargain between you and HTX Floor, and that HTX Floor would not be able to provide the site or services to you on an economically reasonable basis without such limitations.
You agree to defend, indemnify, and hold harmless HTX FLOORING AND CARPET LLC, its officers, directors, members, managers, employees, agents, affiliates, successors, assigns, independent contractors, service providers, and licensors from and against any and all claims, damages, losses, liabilities, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your violation of these Terms or any applicable law, rule, or regulation; (b) your use of the Site or Services, including any data, content, or material transmitted or received by you; (c) your infringement, misappropriation, or violation of any third-party intellectual property, privacy, publicity, or other proprietary right; (d) any Client Materials you provide to HTX Floor; (e) any dispute between you and any third party related to your use of the Site or Services; and (f) your gross negligence, fraud, or willful misconduct.
HTX Floor reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with HTX Floor in asserting any available defenses and shall not settle any such matter without the prior written consent of HTX Floor. You shall not enter into any settlement that imposes any obligation or liability on HTX Floor without HTX Floor's prior written consent, not to be unreasonably withheld, conditioned, or delayed.
These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Services, or the relationship between you and HTX FLOORING AND CARPET LLC shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any conflict of laws principles that would result in the application of the laws of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or any Service Agreement.
Subject to Section 10.2 below, any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the state courts sitting in Salt Lake County, Utah, or the federal courts of the United States located in the District of Utah. Each party irrevocably submits to the exclusive personal jurisdiction of such courts and waives any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.
Before initiating any formal legal action, you agree to first attempt to resolve any dispute informally by contacting HTX Floor at touch@htxfloor.autos and providing a written description of the dispute. Both parties shall engage in good-faith negotiations for a period of at least thirty (30) days from the date of receipt of the dispute notice before either party may resort to litigation or other formal proceedings. This informal dispute resolution requirement is a condition precedent to the filing of any legal claim.
Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred, to the fullest extent permitted by applicable law.
These Terms, together with any Service Agreement, the Privacy Policy, and any other policies or operating rules posted by us on the Site, constitute the entire agreement and understanding between you and HTX FLOORING AND CARPET LLC concerning the subject matter hereof and supersede all prior and contemporaneous agreements, communications, and understandings, whether oral or written, between the parties relating to such subject matter. In the event of any conflict between these Terms and a duly executed Service Agreement, the Service Agreement shall control with respect to the specific Services covered therein.
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision shall be modified or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent and economic effect of the original provision.
No waiver by HTX Floor of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of HTX Floor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless it is in writing and signed by an authorized representative of HTX FLOORING AND CARPET LLC.
You may not assign or transfer these Terms, or any of your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of HTX Floor. HTX Floor may assign or transfer these Terms, in whole or in part, at its sole discretion without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. HTX Floor is and shall remain an independent contractor in the performance of all Services. Neither party shall have the authority to bind the other or incur any obligation on the other's behalf without the other's prior written consent.
Neither party shall be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, civil commotion, fire, flood, earthquake, epidemic, pandemic, governmental action, labor disputes, internet or telecommunications failures, or utility or power outages (each, a Force Majeure Event). The affected party shall promptly notify the other party of the Force Majeure Event and use commercially reasonable efforts to resume performance as soon as practicable.
All notices, requests, consents, claims, demands, waivers, and other communications required or permitted under these Terms shall be in writing and addressed to HTX FLOORING AND CARPET LLC at 8881 S 400 E, Sandy, Utah 84070-2472, or via email to touch@htxfloor.autos. Notices sent to you may be delivered via email to the address you provided, by posting on the Site, or through other reasonable means. Notice shall be deemed given on the date of delivery if delivered personally or by email, three (3) business days after mailing if sent by certified or registered mail, or on the date of posting if posted on the Site.
The headings and section titles in these Terms are for convenience only and shall not affect the construction or interpretation of any provision. The use of the word including shall be read to mean including without limitation. Unless the context otherwise requires, words in the singular shall include the plural and vice versa, and words importing any gender shall include all genders. These Terms shall be construed without regard to any presumption or rule requiring construction against the drafting party.
The provisions of these Terms that by their nature should survive termination or expiration, including but not limited to Sections 4 (Intellectual Property Rights), 6 (Confidentiality), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), 10 (Governing Law and Dispute Resolution), and 11 (General Provisions), shall survive any termination or expiration of these Terms and continue in full force and effect.
For questions, concerns, or notices regarding these Terms of Service, you may contact HTX Floor through any of the following channels. We endeavor to respond to all inquiries within two business days.
Email: touch@htxfloor.autos
Phone: +1 (251) 758-9718
Postal Mail: HTX FLOORING AND CARPET LLC, Attn: Legal Department, 8881 S 400 E, Sandy, UT 84070-2472, United States
If you believe that any content on the Site infringes your intellectual property rights, please notify us at the email address above with a detailed description of the alleged infringement, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, and a statement under penalty of perjury that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.