Material ECA Terms & Conditions

Overview. Material Energies LLC operates the Material ECA web application (Web App), accessible at https://app.MaterialECA.com. As a user, you play a crucial role in this interaction. Throughout the Web App, the terms “we,” “us,” and “our” refer to Material Energies LLC.  Material Energies LLC offers this Web App, including all information, tools, and services available from this Web App to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

We strongly urge you to read these Terms and Conditions carefully before accessing or using our Web App. By accessing or using any part of the Web App, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the web app or use any services.

The Material ECA Web App is available as a Proof of Concept. You are encouraged to use the Web App and explore its features free of charge. We request that you provide us with your feedback, positive or negative, via either email or phone as follows:

By visiting our Web App, you are not just engaging in our “Service” but also taking on the responsibility of being bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Web App, including, without limitation, browsers, vendors, contractors, customers, merchants, and/ or contributors of content.

Any new features or tools we add to the Web App will also be subject to these Terms and Conditions. You can always review the most current version of the Terms and Conditions on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It’s your responsibility to check this page periodically for changes. Your continued use of or access to the Web App after posting any changes signifies your acceptance of those changes.

The Material ECA Web App is hosted on the Ignite platform operated by Capella Solutions (https://www.CapellaSolutions.com).

Access. BY ACCESSING OR USING ANY PART OF THIS WEB APP, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES AVAILABLE HEREIN. These Terms and Conditions, along with our Privacy Policy and Disclaimer, exclusively apply and govern your access to and use of this Web App or content made available through your access to or use of this Web App; the information Material Energies LLC collects on the Web App; and Material Energies LLC’s storage, use, and sharing of this information.

General. Material Energies LLC operates and maintains this Web App in the USA. Access to this site from outside the USA is done at your own initiation and you are responsible for compliance with all laws, including applicable export control laws.

Personal Information. Your submission of personal information through the Web App is governed by our Privacy Policy.

User Content. User Content is input or uploaded to Material ECA Projects and Components for the desired calculations and the result data produced by running the Material ECA Web App. User Content is the property of the Project Owner, who is the User who created the applicable Material ECA project or received the project ownership from a previous Project Owner.  User Content is governed by our Privacy Policy.

Prohibited Uses. In addition to other prohibitions as set forth herein, you are prohibited from using this Web App or its content: (a) in any way which violates any applicable laws or regulations; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to upload, publish, or otherwise transmit through this Site any content that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Web App or of any offered services, other websites, or the Internet; (e) to collect or track the personal information of others; (f) to spam, phish, or deploy any data-mining or data-gathering or extraction tools; (g) to attempt to gain unauthorized access to, interfere with, attack, damage, or disrupt any parts of this Web App or any server, computer, or database linked to this Web App, or to interfere with features of other websites or the Internet; or (h) to otherwise attempt to interfere with the proper working of this Web App. Material Energies LLC reserves the right, in its sole discretion, to suspend or modify your access to all or part of this Web App (or portions thereof) at any time, without notice, and for any reason, including any violation of the prohibited uses by you or by anyone accessing or using the Web App under your account, user name, and/or password.

Services. Services provided hereunder are available exclusively online through this Web App. Material Energies LLC reserves the right at any time to modify or discontinue a service (or any part or content thereof) or to change descriptions of services or pricing without notice. Material Energies LLC does not warrant that the quality of any services, information, or other material purchased or provided to you through this Web App will meet your expectations or be error-free.All services, information, and materials provided or made available through this Web App are subject to our Disclaimer.

Registration; Account. The Web App requires you to complete a registration process, and create an account, and you may be required to provide Material Energies LLC with certain information in order to do so. You agree that you will provide true, current, complete, and accurate information, as prompted by the Web App. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed. Material Energies LLC reserves the right to refuse any order or service request placed with us.  

Accounts are non-transferrable. You may be required to create a user name and password in connection with your account. You agree that you will not allow an unauthorized person to access or use the Site with your user name, password, or account. You agree that you will not use another person’s user name, password, or account to access or use the Site. You agree that you are solely responsible for maintaining the security and confidentiality of your password and account. You agree to notify Material Energies LLC immediately of any unauthorized use of your user name, password, account, or any other breach of security. You are solely liable for any and all activities that occur or are attempted under your user name, password, account, or any project files you share with or give access to others, and you agree that Material Energies LLC is not liable for any loss that you may incur as a result of an unauthorized person using your user name, password, or account, or any files you share with or give access to others.

Intellectual Property and Third-Party Sites. This Web App, as well as its contents and functionality, are protected by copyright, trademark, patent, and/or other intellectual property or proprietary rights. No right, title, or interest in or to the Web App, its contents, or functionality is transferred to you, and all rights not expressly granted are reserved by Material Energies LLC. Certain services provided hereunder may utilize the licensed functionality of one or more third parties. Material Energies LLC makes no claim, warranty, or representation regarding, and accepts no responsibility or liability for, the quality, content, nature, or reliability of websites accessible from this Web App or linking to this Site. Information regarding third-party provider terms of use may be found at https://www.capellasolutions.com/terms-of-service.

Applicable laws. The laws of the state of Texas, without regard to conflict of laws principles, will govern the construction and interpretation of these Terms and Conditions and the rights of the parties hereunder. By accessing this Web App or using a service under this Web App, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations. Any controversy or claim arising out of or relating to your use of this Web App or any services provided hereunder will be settled by binding arbitration to be held in the English language in Houston, Texas, USA, in accordance with the commercial arbitration rules of the American Arbitration Association. Any judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Any award rendered by the Arbitrator(s) may include costs against either party, but under no circumstances are the Arbitrator(s) authorized or empowered to award special, punitive, or multiple damages against either party.

Severability. If any provision of these Terms and Conditions or portion thereof is deemed unlawful, void, or for any reason unenforceable, then that provision or portion thereof will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

Changes. Material Energies LLC reserves the right to change, modify, or update any and all content contained on this Web App, in the Terms and Conditions, the Privacy Statement, and/or the Disclaimer, at any time without notice. All changes are effective immediately when Material Energies LLC posts them and apply to all access to and use of this Site thereafter. Your continued use of this Site following the posting of revised Terms and Conditions, Privacy Policy, Disclaimer, or other content means that you accept and agree to the changes. The date of the latest update is presented herein.

Contact Information. If you have any questions about our Terms and Conditions, please contact us by email and phone as follows:

© 2024 Material Energies LLC. All rights reserved.

Last updated: March 31, 2024

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