Terms and Conditions

Agreement between User and enmatcorp.com

Welcome to enmatcorp.com. The enmatcorp.com website (the “Site”) is comprised of various web pages operated by Energy Materials Corporation (“EMC”). enmatcorp.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of enmatcorp.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

enmatcorp.com is an informational site.

Energy Materials Corporation website provides high level information regarding our revolutionary new solar module manufacturing process.

Electronic Communications

Visiting enmatcorp.com or sending emails to EMC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

EMC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use enmatcorp.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

enmatcorp.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EMC and EMC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EMC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EMC of the site or any association with its operators.

Certain services made available via enmatcorp.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the enmatcorp.com domain, you hereby acknowledge and consent that EMC may share such information and data with any third party with whom EMC has a contractual relationship to provide the requested product, service or functionality on behalf of enmatcorp.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use enmatcorp.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EMC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EMC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EMC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EMC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EMC or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by EMC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EMC Content accessed through enmatcorp.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless EMC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EMC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EMC in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EMC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENERGY MATERIALS CORPORATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ENERGY MATERIALS CORPORATION AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENERGY MATERIALS CORPORATION AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENERGY MATERIALS CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENERGY MATERIALS CORPORATION OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

EMC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EMC as a result of this agreement or use of the Site. EMC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EMC’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EMC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EMC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EMC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

EMC reserves the right, in its sole discretion, to change the Terms under which enmatcorp.com is offered. The most current version of the Terms will supersede all previous versions. EMC encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

EMC welcomes your questions or comments regarding the Terms:

Energy Materials Corporation

            • 1999 Lake Ave Rochester, New York 14650
            • Email Address: info@enmatcorp.com

 

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Dave Buemi

Executive Vice President, Business Development

Dave brings over 23 years of broad solar energy industry fervor and experience to EMC. A business development specialist and marketing generalist, he has worked extensively throughout the end-to-end supply chain in both entrepreneurial and corporate settings.

In addition to holding senior mid and upstream positions in the project development and EPC segments, Dave has substantial product bankability establishment experience with start-up and early stage module manufacturing companies.

Previously, he has held positions as Co-founder/Vice President Development, Brightphase Energy, Inc., Vice President, Government Business Development, DayStar Technologies, Inc. (NASDAQ: DSTI), Vice President, Business Development, Empower Energies, LLC., Vice President, Business Development,
Gehrlicher Solar America, Inc/M+W Energy, Senior Director, Business Development, Suniva, Inc., Senior Vice President, Willdan Energy Solutions, Inc. (NASDAQ: WLDN)

Dr. Stephan DeLuca

CHIEF EXECUTIVE OFFICER

In his book “A World Lit Only By Fire” the historian William Manchester describes the events that sparked the transition from the Dark Ages to the Renaissance that ultimately enabled the Industrial Revolution. It is ironic that with the vast cultural, political and technological changes over the past 500 years, we are still in a very real sense a world lit mainly, if not only, by fire. With an accelerating climate crisis, we can no longer afford another hundred years of fossil fuel burning to keep the lights on! We must now rely on our capacity to innovate; to build massively scalable renewable energy technologies that eliminate carbon emissions by 2050.


EMC’s innovation capabilities are laser focused on fulfilling the promise of solar energy. The high capital cost and complex value chain of existing silicon solar technology limits the scalability of that technology and the greater solar industry. Our unique business model centers on high-throughput, Roll-to-Roll solar module manufacturing enabled by perovskites. The 95% reduction in capital cost to produce EMC manufacturing facilities and the simplified value chain is efficiently scalable on a global basis. Furthermore, the significantly lower module production cost will allow the PV module industry to continue reducing prices, but at profitable margins and allowing higher margins throughout the downstream supply chain.


We firmly believe this model will deliver terawatt-scale solar energy that will be a significant contribution to the urgent decarbonization effort globally. Our tag line, “Accelerating Electrification”, expresses our energy transition value fully; our team is driven with a single passion of making the solar energy decarbonization pathway a reality in the next thirty years.

Dr. Stephan DeLuca

CHIEF EXECUTIVE OFFICER

Drawing on an extensive 30-year background in corporate management, sales & marketing and product engineering, Steve has a spent the last fourteen years relentlessly pursuing low cost, simplified solar module manufacturability.

In 2006 he was recruited as a turn-around CEO for a publicly traded start-up solar thin-film manufacturing company DayStar Technologies (DSTI) where he experienced firsthand the massive capital demand of scaling low throughput PV manufacturing.

Prior to DayStar, he held multiple positions with Inficon and Leybold Inficon over 10 years where he built a new environmental safety and health product business unit, started 5 subsidiaries in Asia while located in Taiwan from 2000-2003 as President of Asia Operations, and initiated a global key account management system as Vice President of Worldwide Sales & Business Development leading to sales growth over 30%.

Steve holds a Ph.D. in Applied Chemistry and a M.S. in Geochemistry from Colorado School of Mines, an MBA from Syracuse University and a B.A. in Chemistry from the University of California, San Diego.

Dr. Tom Tombs

CHIEF TECHNOLOGY OFFICER

Before joining EMC Tom dedicated 25+ years to invention, technology development and commercialization leadership at Eastman Kodak and NexPress Solutions where he directed R&D and scale-up of highly complex equipment, opto-electronic thin films, software, and materials from invention to product.

He has won 10+ technology and product awards for printing equipment, inks, and high-speed roll-to-roll printed electronics. Tom, an individual and contributing inventor for many of these technologies, holds 106 U.S. patents and several dozen international patents. He is skilled at de-risking product development and efficiently navigating complex interactions that require multi-disciplinary sciences.

Tom holds a Ph.D. in electrical engineering from the University of Rochester and received the CTO Century Award for Extraordinary Achievements in Scientific and Technical Innovation from Kodak.