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Intellectual Property Policy

Effective date: August 1, 2025

Ecoflex Manufacturing’s Enterprise Resource Planning (“ERP”) Customer Portal is a technology platform (“Platform”) that enables Ecoflex clients to build new product orders, review existing and delivered product orders, and make payments to and receive credits from Ecoflex using our Platform. Our customer service provider model means we review, edit, and respond to content created by our Clients or End Users on the Platform. Ecoflex honors the intellectual property rights of all parties including Clients, End Users, vendors, third parties and any other rights holders. Ecoflex expects its Clients to do the same.

We have created this Intellectual Property Policy (“Policy”) to clearly explain how to report intellectual property infringement. We will respond to notices of alleged copyright or trademark infringement that comply with applicable law. Activity that infringes on anyone’s intellectual property rights is not tolerated on Ecoflex’s Platform. This Policy covers how we address takedown notices from intellectual property rights holders with respect to the content hosted by Ecoflex. Undefined capitalized terms used in this Policy shall have the meanings ascribed to them in the Terms of Service and any relevant agreement, policy, or addendum incorporated by reference therein.

Reporting Claims of Intellectual Property Infringement

The Digital Millennium Copyright Act (“DMCA”) requires service providers to remove or disable access to potentially infringing content upon receipt of a notice that meets certain requirements. For content hosted on our Platform, Ecoflex’s policy is to comply with notices alleging copyright infringement pursuant to the DMCA. Section 512 of the DMCA outlines the requirements for reporting a copyright violation for copyright holders, as well as requirements for submitting a Counter Notice, defined below, by an affected party. Ecoflex applies a similar framework to allegations of trademark infringement.

If you believe, in good faith, that any materials provided on or in connection with the use of the Platform infringe upon your copyright, trademark, or other intellectual property rights (“Intellectual Property”), you may request removal of those materials in the following ways:

  1. Filling out the Copyright (DMCA) Takedown Form (for copyright takedown notices only);

  2. Filling out the Trademark Takedown Form for trademark takedown notices only); or

  3. Sending the information in Section A (“Required Information” to Ecoflex's Designated Agent via email to privacy@Ecoflex-Mfg.com or via mail to: Ecoflex, Inc., Attn: DMCA Agent, Box 107-626, 2201 Long Prairie Road, Flower Mound, Texas 75022 USA.

  4. Required Information

Your infringement claim has to be sufficiently substantiated for us to be able to address it. This means your claim must contain:

  1. A description of the Intellectual Property that you claim has been infringed, including the URL web address or other specific location on the Platform where the material you claim is infringed is located. Include enough information to allow Ecoflex to locate the material and explain why you think an infringement has taken place.

  2. A description of the location where the original or an authorized copy of the work exists. For example, the URL web address where it is posted or has been published.

  3. Your address, telephone number, and email address.

  4. A statement by you that you have a good faith belief that the disputed use is not authorized by the Intellectual Property owner, its agent, or the law.

  5. The following statements:

    1. “I have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law.”

    2. “I certify under penalty of perjury that the information in this complaint is accurate and that I am the copyright or trademark owner or am authorized to act on the copyright or trademark owner's behalf.

  6. An electronic or physical signature of the owner of the copyright or trademark or the person authorized to act on behalf of the owner.

Copyright laws of the United States require you to consider copyright defenses, limitations, or exceptions, such as the fair use doctrine, before sending a notice. If you are not sure whether the material infringes your Intellectual Property or whether the fair use doctrine applies, we suggest you contact an attorney. Please be aware that knowingly submitting a false or misleading copyright takedown notice is illegal, and you could be held liable and may have to pay damages as a result. Ecoflex reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Please be aware that a copy of your notice will be sent to the party responsible for the content you are reporting.

  1. Counter Notification Procedures

If you believe that the content was removed or access to it was disabled by mistake or misidentification, you may file a counter notification by submitting a written notification to us a ("Counter Notice"). Pursuant to the DMCA, to be effective, a Counter Notice must be in writing and include the following information:

  1. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.

  2. Your address, telephone number, and email address.

  3. The following statements:

    1. "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

    2. One of the following statements depending on your location:

      1. If you reside in the USA:

        1. “I consent to the jurisdiction of the federal district court located within the judicial district in which I reside.”

      2. If you reside outside of the U.S.A.

        1. “I consent to the jurisdiction of the United States District Court for the Western District of Louisiana, headquarters of Ecoflex, and I will accept service of process from the person or an agent of that person who provided Ecoflex with the complaint at issue.”

  4. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Please be aware that knowingly submitting a false or misleading Counter Notice is illegal, and you could be held liable and may have to pay damages as a result. Ecoflex reserves the right to seek damages from anyone who submits a Counter Notice in violation of the law including costs and attorneys' fees under Section 512(f) of the DMCA.

  1. Repeat Infringer Policy

In accordance with the DMCA and other applicable law, it is Ecoflex’s policy to disable and/or terminate, in appropriate circumstances, Accounts belonging to Clients that are repeat infringers.

Ecoflex may also, at its sole discretion, limit access to the Platform and/or terminate any Accounts that infringe any intellectual property rights of others, whether or not there is any repeat infringement.