News-E-Logo   About Us

Ebullient makes precision cooling systems for electronic hardware.

Ebullient cooling systems allow data center operators to increase revenue and improve operational efficiencies. With Ebullient cooling systems, most data center operators can double the number of servers per square foot to increase revenue and avoid capital expenses associated with constructing new white space as demand for computing services grows. In most data centers, Ebullient cooling systems reduce cooling costs by up to 75%.

Ebullient cooling systems feature DirectJet Technology and 3M Novec engineered fluid, which unlike water does not conduct electricity and poses no risk to electronic hardware.

 

 

 

 

Vision

To be the trusted leader in sustainable thermal management solutions.

Mission

To revolutionize the way electronic hardware is designed and deployed.

Values

Integrity, Innovation, Collaboration, Accountability, Fairness, Honesty, Fun, and Authenticity.

 

 

 

Our Culture

Ebullient’s culture is rooted in trust: the trust we earn from our customers, the trust we place in our partners and suppliers, and the trust we have in our team. To succeed in this environment, we look for people who value honesty, fairness and authenticity. We hire exceptional people and provide the tools and training they need to be exceptional employees. We are proud to foster an environment that embraces and encourages learning, growth, and development to ensure our employees have the skills, knowledge, and experience they need to be successful employees today and well-positioned to achieve their future career aspirations.

Want to join our team?   View our current openings!

 

 

 

Message from our Founder

Tim Shedd, PhD

"Twenty-five years ago, I was a young co-op engineer at DEC working on the Mariah VC chip.  I progressed through NVAX and the EV4 FBox and then worked full time on the EV5 and EV6 cache controllers.  I left DEC in 1995 to study energy systems and sustainability and earned a Ph.D. in Mechanical Engineering from the University of Illinois with a focus on boiling and condensation.  I then joined the University of Wisconsin as a professor of Mechanical Engineering and spent 15 years studying the finer points of vapor-liquid flow, near-wall dynamics (within the first 100 microns) of thin film flow, bubble generation and the thermodynamics of energy transport systems.  

By 2009, it was apparent that data center energy use was growing non-linearly and that cooling was responsible for nearly 50% of this consumption.  I developed thermodynamic models for data centers and found that liquid cooling would significantly reduce the amount of energy required for cooling. Unfortunately, the only methods commercially available at the time were pumping water to the processors or immersing the computers in an oil bath.  Neither was very attractive to the vast majority of data center owners. This motivated me to investigate dielectric fluids and come up with a practical, scalable way to achieve high-performance cooling with no risk to computer hardware. Ebullient is the result."

- Tim Shedd, Founder

 

 

 

News-E-Logo   Partners

Ebullient serves customers globally in enterprise data center, infrastructure as a service (IaaS), high-performance computing (HPC), OEM, and workstation applications.  Ebullient partners with industry-leading manufacturers to deliver precision cooling systems with proven components and partners with industry-leading service providers to deliver exceptional customer service.  Would your company like to become one of our trusted partners?  Contact us today, and tell us what makes your components or services exceptional.


 

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News-E-Logo Careers

Interested in joining our team? Email careers@ebullientcooling.com with the title of the position in the subject line and your resume attached.

Location:

Madison, Wisconsin

General Description:

The Field Applications Engineer will work with manufacturers' sales representatives and customers to develop qualified leads and convert those leads to sales. Tasks will include assisting with pre-sales activities, such as specifying and quoting Ebullient cooling systems to meet customers’ needs and providing technical training to our network of sales professionals in the field. Training responsibilities will include developing training materials to educate sales professionals and presenting the materials in an engaging manner at sales offices nationwide.

Principal Duties and Responsibilities:

  • Collaborate with sales staff, engineers, and product managers to specify Ebullient cooling systems that meet customers’ needs
  • Assist in managing sales and service requests
  • Coordinate installation and service of Ebullient cooling systems
  • Provide technical support to onsite facility staff and/or contracted support staff
  • Analyze and troubleshoot issues in the field
  • Prepare technical portions of product quotes
  • Conduct regular follow-ups to ensure customer satisfaction
  • Cultivate new sales opportunities with existing customers
  • Prepare and deliver product training presentations to sales partners
  • Refine installation procedures
  • Conduct research on market trends, analyze emerging competitive trends, and provide feedback to management
  • Participate in seminars, conferences, and meetings to represent and promote the company and its products

Preferred Requirements:

  • Bachelor’s degree in engineering or science or an associate degree in an electrical or mechanical field
  • At least 2 years of hands-on experience in a customer-facing role
  • Strong interpersonal and organizational skills
  • Excellent written and verbal communication skills, including the ability to develop and deliver clear and concise presentations to technical audiences
  • Strong technical acumen; able to evaluate and assess situations in real-time in the field, coordinate resources, and deliver solutions that meet or exceed our customers’ expectations
  • Strong interest in learning about the data center industry, developing and nurturing industry relationships, and helping Ebullient become a trusted leader in thermal management solutions
  • Versatile, flexible, creative, and resourceful with sound business acumen
  • Able to work fluidly with internal staff and build positive relationships with external partners
  • Able to lift and carry boxes weighing up to 50 pounds
  • Ability to travel extensively in the U.S. and occasionally overseas

Company

Ebullient makes precision cooling systems for electronic hardware. Our mission is to revolutionize the way electronic hardware is designed, developed, and deployed. Our relentless pursuit of groundbreaking innovation has lead to Ebullient® DirectJet™ Technology, which is featured in our precision cooling systems for servers and workstations.

Culture

Ebullient’s culture is rooted in trust: the trust we earn from our customers, the trust we place in our partners and suppliers, and the trust we have in our team. To succeed in this environment, we look for people who value honesty, fairness and authenticity. We hire exceptional people and provide the tools and training they need to be exceptional employees. We are proud to foster an environment that embraces and encourages learning, growth, and development to ensure our employees have the skills, knowledge, and experience they need to be successful employees today and well-positioned to achieve their future career aspirations.

Ebullient is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, gender, sexual orientation, gender identity or expression, religion, national origin, marital status, age, disability, veteran status, genetic information, or any other protected status.

To Apply: Email careers@ebullientcooling.com with the title of the position in the subject line and your resume attached.

Location:

Madison, Wisconsin

General Description:

The Product Development Engineer will support development of new products as well as production and testing of existing products.  Working with the Ebullient product development team, the engineer will be responsible for designing, testing, and facilitating the manufacture of new DirectJet products.

Principal Duties and Responsibilities:

  • Develop CAD models of new products
  • Develop testing protocols and test components to evaluate compatibility with Ebullient products
  • Fabricate and test prototype cooling systems
  • Work with production partners to ensure high-quality and low-cost final parts
  • Other duties as required

Preferred Requirements:

  • Bachelor’s degree in mechanical engineering with at least 2 years of relevant experience
  • A self-starter with strong interpersonal and organizational skills
  • Strong interest in computer cooling, learning about the data center industry, and helping Ebullient become a trusted leader in thermal management solutions
  • Proficiency with CAD software desired (SolidWorks preferred)
  • Basic to intermediate fabrication skills (metal working, modelmaking, etc.) desired
  • Knowledge of pumps and fluid distribution/flow desired
  • Must be able to work independently, be self-driven and be able and willing to learn new skills quickly
  • Interest in heat transfer and thermodynamics desirable
  • Valid driver license and access to vehicle for travel within greater-Madison area desirable
  • Excellent written and verbal communication skills

Company

Ebullient makes precision cooling systems for electronic hardware. Our mission is to revolutionize the way electronic hardware is designed, developed, and deployed. Our relentless pursuit of groundbreaking innovation has lead to Ebullient® DirectJet™ Technology, which is featured in our precision cooling systems for servers and workstations.

Culture

Ebullient’s culture is rooted in trust: the trust we earn from our customers, the trust we place in our partners and suppliers, and the trust we have in our team. To succeed in this environment, we look for people who value honesty, fairness and authenticity. We hire exceptional people and provide the tools and training they need to be exceptional employees. We are proud to foster an environment that embraces and encourages learning, growth, and development to ensure our employees have the skills, knowledge, and experience they need to be successful employees today and well-positioned to achieve their future career aspirations.

Ebullient is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, gender, sexual orientation, gender identity or expression, religion, national origin, marital status, age, disability, veteran status, genetic information, or any other protected status.

To Apply: Email careers@ebullientcooling.com with the title of the position in the subject line and your resume attached.

Location:

Madison, Wisconsin

General Description:

The Engineering Intern will support development of new products as well as production and testing of existing products.  Working with the Ebullient product development engineering team, the intern will have the opportunity to be involved in the design, testing, and manufacturing of products/prototypes.

Principal Duties and Responsibilities:

  • Develop CAD models of new and existing products
  • Develop testing protocols and test components to evaluate their suitability for Ebullient products
  • Fabricate and test prototype cooling systems
  • Work with production partners to ensure high-quality and low-cost final parts
  • Other duties as required

Preferred Requirements:

  • Student of an engineering discipline in an accredited engineering program, preferably within 2 years of graduation
  • Strong interest in computer cooling, learning about the data center industry, and helping Ebullient become a trusted leader in thermal management solutions
  • Proficiency with CAD software desired (SolidWorks preferred)
  • Basic to intermediate fabrication skills (metal working, modelmaking, etc.) desired
  • Must be able to work independently, be self-driven and be able and willing to learn new skills quickly
  • Interest in fluid flow, heat transfer and thermodynamics desirable
  • Valid driver license and access to vehicle for travel within greater-Madison area
  • Excellent written and verbal communication skills, including the ability to develop and deliver clear and concise presentations to technical audiences

Company

Ebullient makes precision cooling systems for electronic hardware. Our mission is to revolutionize the way electronic hardware is designed, developed, and deployed. Our relentless pursuit of groundbreaking innovation has lead to Ebullient® DirectJet™ Technology, which is featured in our precision cooling systems for servers and workstations.

Culture

Ebullient’s culture is rooted in trust: the trust we earn from our customers, the trust we place in our partners and suppliers, and the trust we have in our team. To succeed in this environment, we look for people who value honesty, fairness and authenticity. We hire exceptional people and provide the tools and training they need to be exceptional employees. We are proud to foster an environment that embraces and encourages learning, growth, and development to ensure our employees have the skills, knowledge, and experience they need to be successful employees today and well-positioned to achieve their future career aspirations.

Ebullient is an equal opportunity employer. All qualified applicants will receive consideration for employment without regard to race, color, gender, sexual orientation, gender identity or expression, religion, national origin, marital status, age, disability, veteran status, genetic information, or any other protected status.

To Apply: Email careers@ebullientcooling.com with the title of the position in the subject line and your resume attached.

News-E-Logo Legal

Policies & Procedures

Return Process

  1. Material returned to Ebullient is required to have a Return Material Authorization (RMA) Number for tracking purposes.
  2. To receive an RMA Number, please complete an RMA Form and submit the completed form to support@ebullientcooling.com.
  3. Upon receipt of the completed form and approval by Ebullient, an RMA Number will be assigned to the unit being returned. The RMA Number must appear on all packages and documents sent with the unit to be returned.
  4. Material should be returned to Ebullient’s Headquarters at: 100 S. Baldwin St., Suite 200, Madison, WI 53703.
  5. Questions? Please contact us by phone (1-608-455-6280) or email (support@ebullientcooling.com).

Shipping costs: As noted in Ebullient's Terms & Conditions, shipping and transport costs for material returned to Ebullient are the responsibility of the customer. In the event material is being returned due to failure under an active Warranty, Ebullient will cover shipping and transport costs so long as shipping and transport arrangements are made in advance by Ebullient in cooperation with the customer.

Terms & Conditions

Ebullient, Inc. is herein referred to as the "Seller" and the customer or person or entity purchasing goods and/or services ("Goods") and/or licensing software and/or firmware, which are preloaded, or to be used with Goods ("Software") from Seller is referred to as the "Buyer." These Terms and Conditions, any price list or schedule, quotation, acknowledgment, Seller’s scope of work, or invoice from Seller relevant to the sale of the Goods and licensing of Software and all documents incorporated by specific reference herein or therein, constitute the complete and exclusive statement of the terms of the agreement governing the sale of Goods and/or license of Software by Seller to Buyer. Seller’s acceptance of Buyer’s purchase order is expressly conditional on Buyer’s assent to all of Seller’s terms and conditions of sale, including terms and conditions that are different from or additional to the terms and conditions of Buyer’s purchase order. Buyer's acceptance of the Goods and/or Software will manifest Buyer's assent to these Terms and Conditions. Seller reserves the right in its sole discretion to refuse orders.

1. PRICES: Unless otherwise specified in writing by Seller, the price quoted or specified by Seller for the Goods and/or Software shall remain in effect for thirty (30) days after the date of Seller's quotation provided an unconditional authorization from Buyer for the shipment of the Goods and/or Software is received and accepted by Seller within such time period. If such authorization is not received by Seller within such thirty (30) day period, Seller shall have the right to change the price for the Goods and/or Software to Seller's price for the Goods and/or Software at the time of shipment. All prices and licensee fees are exclusive of taxes, transportation and insurance, which are to be borne by Buyer. Unless otherwise specified by Seller, parts (“Parts”) that are required for the performance of services will be furnished at Seller’s then prevailing prices. Seller assigns to Buyer any warranties which are made by manufacturers and suppliers of Parts and which are assignable. Except as specified above, Parts furnished hereunder are furnished AS IS, WHERE IS, WITH NO WARRANTY WHATSOEVER.

2. TAXES: Any current or future tax or governmental charge (or increase in same) affecting Seller's costs of production, sale, or delivery or shipment, or which Seller is otherwise required to pay or collect in connection with the sale, purchase, delivery, storage, processing, use or consumption of Goods, Parts, and/or Software, shall be for Buyer's account and shall be added to the price or billed to Buyer separately, at Seller’s election.

3. TERMS OF PAYMENT: Unless otherwise specified by Seller, terms are net thirty (30) days from date of Seller's invoice in U.S. currency. Seller shall have the right, among other remedies, either to terminate this agreement or to suspend further performance under this and/or other agreements with Buyer in the event Buyer fails to make any payment when due, which other agreements Buyer and Seller hereby amend accordingly. Buyer shall be liable for all expenses, including attorneys' fees, relating to the collection of past due amounts. If any payment owed to Seller is not paid when due, it shall bear interest, at a rate to be determined by Seller, which shall not exceed the maximum rate permitted by law, from the date on which it is due until it is paid. Should Buyer's financial responsibility become unsatisfactory to Seller, cash payments or security satisfactory to Seller may be required by Seller for future deliveries of Goods and/or Software. If such cash payment or security is not provided, in addition to Seller's other rights and remedies, Seller may discontinue deliveries. Buyer hereby grants Seller a security interest in all Goods and/or Software sold to Buyer by Seller, which security interest shall continue until all such Goods and/or Software are fully paid for, and Buyer, upon Seller's demand, will execute and deliver to Seller such instruments as Seller requests to protect and perfect such security interest.

4. SHIPMENT AND DELIVERY: While Seller will use all reasonable commercial efforts to maintain the delivery date(s) and/or performance dates acknowledged or quoted by Seller, all shipping dates and/or performance dates are approximate and not guaranteed. Seller reserves the right to make partial shipments. Seller, at its option, shall not be bound to tender delivery of any Goods, Parts, and/or Software for which Buyer has not provided shipping instructions and other required information. If the shipment of the Goods, Parts, and/or Software is postponed or delayed by Buyer for any reason, Buyer agrees to reimburse Seller for any and all storage costs and other additional expenses resulting therefrom. For sales in which the end destination of the Goods, Parts, and/or Software is outside of the United States (except for those international sales to Seller’s affiliated companies), risk of loss and legal title to the Goods, Parts, and/or Software shall transfer to Buyer immediately after the Goods, Parts, and/or Software have passed beyond the territorial limits of the United States. For international sales to Seller’s affiliated companies, all shipments of Goods, Parts, and/or Software are made on a Delivered at Terminal (DAT) basis, per Incoterms 2010, with freight charges from Seller’s facility to destination terminal invoiced to buyer either on a Prepaid or PPD/Add basis, as agreed to by Seller and Buyer. All other shipments of Goods, Parts, and/or Software are made on an Ex Works (EXW) Seller’s Shipping Point basis, per Incoterms 2010, with Seller responsible to load goods on Buyer’s nominated vehicle. Any claims for shortages or damages suffered in transit are the responsibility of Buyer and shall be submitted by Buyer directly to the carrier. Shortages or damages must be identified and signed for at the time of delivery.

5. LIMITED WARRANTY: Subject to the limitations of Section 6, Seller's standard warranty that is applicable to the Goods and/or Software at the time of purchase is the only warranty applicable to the sale of Seller's Goods and/or Software and its terms, conditions and limitations are incorporated by reference herein. THE WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION 8 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE GOODS AND/OR SOFTWARE AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE, AND WHETHER OR NOT SELLER'S PRODUCTS ARE SPECIFICALLY DESIGNED AND/OR MANUFACTURED BY SELLER FOR BUYER'S USE OR PURPOSE.

SELLER'S WARRANTY EXTENDS ONLY TO PURCHASERS WHO BUY FOR INDUSTRIAL OR COMMERCIAL USE. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and/or Software and the preparation of Seller's quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods and/or Software, either alone or in combination with other products/components.

6. LIMITATION OF REMEDY AND LIABILITY: THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER (OTHER THAN THE WARRANTY PROVIDED UNDER SECTION 8) SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT, OR REFUND OF THE PURCHASE PRICE UNDER SECTION 5. SELLER SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC GOODS, PARTS, AND/OR SOFTWARE PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

BUYER AGREES THAT SELLER'S LIABILITY TO BUYER AND/OR ITS CUSTOMERS SHALL NOT EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term "consequential damages" shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use, revenue, reputation and data, costs incurred, including without limitation, for capital, fuel, power and loss or damage to property or equipment. It is expressly understood that any technical advice furnished by Seller with respect to the use of the Goods and/or Software is given without charge, and Seller assumes no obligation or liability for the advice given, or results obtained, all such advice being given and accepted at Buyer's risk.

7. INSURANCE: Seller shall maintain the following insurance or self-insurance coverage: Worker’s Compensation in accordance with the statutory requirements of the state in which the work is performed. Employer’s Liability with a limit of liability of $1,000,000 per occurrence for bodily injury by accident or bodily injury by disease. Commercial General Liability (CGL) for bodily injury and property damage with a limit of $1,000,000 per occurrence and aggregate. CGL includes Contractual Liability. CGL does not include Products and Completed Operations coverage, which is self-insured. Automobile Liability insurance that covers usage of all owned, non-owned and leased vehicles and which is subject to a combined single limit per occurrence of $1,000,000. Automobile Liability insurance includes Contractual Liability, but no special endorsements. Buyer expressly acknowledges and agrees that Seller has set its prices and entered into this Agreement in reliance upon the limitations of liability, insurance coverage, and other terms and conditions specified herein, which allocate the risk between Seller and Buyer and form a basis of this bargain between the parties.

8. PATENTS AND COPYRIGHTS: Subject to the limitations of the second paragraph of Section 6, Seller warrants that the Goods and/or Software sold, except as are made specifically for Buyer according to Buyer's specifications, do not infringe any valid U.S. patent or copyright in existence as of the date of shipment. This warranty is given upon the condition that Buyer promptly notify Seller of any claim or suit involving Buyer in which such infringement is alleged and cooperate fully with Seller and permit Seller to control completely the defense, settlement or compromise of any such allegation of infringement. Seller's warranty as to utility patents only applies to infringement arising solely out of the inherent operation according to Seller's specifications and instructions of such Goods and/or Software. In the event (i) such Goods and/or Software are held to infringe such a U.S. patent or copyright in such suit, and the use of such Goods and/or Software is enjoined, or (ii)a compromise or settlement is made by Seller, Seller shall have the right, at its option and expense, to procure for Buyer the right to continue using such Goods and/or Software, or replace them with non-infringing Goods and/or Software, or modify same to become non-infringing, or grant Buyer a credit for the depreciated value of such Goods and/or Software and accept return of them. In the event of the foregoing, Seller may also, at its option, cancel the agreement as to future deliveries of such Goods and/or Software, without liability.

9. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non-performance due to acts of God; acts of Buyer; war; epidemic; fire; flood; weather; sabotage; strikes or labor disputes; civil disturbances or riots; governmental requests, restrictions, allocations, laws, regulations, orders or actions; unavailability of or delays in transportation; default of suppliers; or unforeseen circumstances or any events or causes beyond Seller's reasonable control. Deliveries or other performance may be suspended for an appropriate period of time or canceled by Seller upon notice to Buyer in the event of any of the foregoing, but the balance of the agreement shall otherwise remain unaffected as a result of the foregoing. If Seller determines that its ability to supply the total demand for the Goods, Parts, and/or Software, or to obtain material used directly or indirectly in the manufacture of the Goods, Parts, and/or Software, is hindered, limited or made impracticable due to causes set forth in the preceding paragraph, Seller may allocate its available supply of the Goods, Parts, Software, and/or such material (without obligation to acquire other supplies of any such Goods, Parts, Software, or material) among its purchasers on such basis as Seller determines to be equitable without liability for any failure of performance which may result therefrom.

10. CANCELLATION: Buyer may cancel orders only upon reasonable advance written notice and upon payment to Seller of Seller's cancellation charges which include, among other things, all costs and expenses incurred, and, to cover commitments made, by the Seller and a reasonable profit thereon. Seller's determination of such cancellation charges shall be conclusive.

11. CHANGES: Buyer may request changes or additions to the Goods and/or Software consistent with Seller's specifications and criteria. In the event such changes or additions are accepted by Seller, Seller may revise the price, license fees, and dates of delivery and/or performance dates. Seller reserves the right to change designs and specifications for the Goods, Parts, and/or Software without prior notice to Buyer, except with respect to Goods and/or Software being made to order for Buyer. Seller shall have no obligation to install or make such change in any Goods and/or Software manufactured prior to the date of such change.

12. NUCLEAR/MEDICAL: GOODS, PARTS, AND SOFTWARE SOLD HEREUNDER ARE NOT FOR USE IN CONNECTION WITH ANY NUCLEAR, MEDICAL, LIFE-SUPPORT AND RELATED APPLICATIONS. Buyer accepts Goods, Parts, and Software with the foregoing understanding, agrees to communicate the same in writing to any subsequent purchasers or users and to defend, indemnify and hold harmless Seller from any claims, losses, suits, judgments and damages, including incidental and consequential damages, arising from such use, whether the cause of action be based in tort, contract or otherwise, including allegations that the Seller’s liability is based on negligence or strict liability.

13. ASSIGNMENT: Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Seller, and any such assignment, without such consent, shall be void.

14. SOFTWARE: Notwithstanding any other provision herein to the contrary, Seller or applicable third party licensor to Seller shall retain all rights of ownership and title in its respective Software, including without limitation all rights of ownership and title in its respective copies of such Software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, non-transferable royalty free license to use the Software incorporated into the Goods solely for purposes of Buyer properly utilizing such Goods purchased from Seller. All other Software shall be furnished to, and used by, Buyer only after execution of Seller's (or the licensor’s) applicable standard license agreement, the terms of which are incorporated herein by reference.

15. TOOLING: Tool, die, and pattern charges, if any, are in addition to the price of the Goods and are due and payable upon completion of the tooling. All such tools, dies and patterns shall be and remain the property of Seller. Charges for tools, dies, and patterns do not convey to Buyer, title, ownership interest in, or rights to possession or removal, or prevent their use by Seller for other purchasers, except as otherwise expressly provided by Seller and Buyer in writing with reference to this provision.

16. DOCUMENTATION: Seller shall provide Buyer with that data/documentation which is specifically identified in Seller's quotation. If additional copies of data/documentation are to be provided by Seller, it shall be provided to Buyer at Seller's applicable prices then in effect.

17. INSPECTION/TESTING: Buyer, at its option and expense, may observe the inspection and testing by Seller of the Goods and/or Software for compliance with Seller's standard test procedures prior to shipment, which inspection and testing shall be conducted at Seller's plant at such reasonable time as is specified by Seller. Any rejection of the Goods and/or Software must be made promptly by Buyer before shipment. Tests shall be deemed to be satisfactorily completed and the test fully met when the Goods and/or Software meet Seller's criteria for such procedures. If Buyer does not inspect the Goods and/or Software at Seller's plant as provided herein, Buyer shall have ten (10) days from (i) the date of delivery of goods and/or Software and (ii) from the date of completion of each portion of the services to inspect the Goods and/or Software, and in the event of any non-conformity, Buyer must give written notice to Seller within said period stating why the Goods and/or Software are not conforming. Failure by Buyer to give such notice constitutes unqualified acceptance of the Goods and/or Software. Buyer’s sole remedy for non-conforming services shall be correct performance of services incorrectly performed by Seller.

18. RETURNED GOODS: Advance written permission to return Goods and/or Software must be obtained from Seller in accordance with Seller’s then current Return Procedure and a Return Material Authorization (RMA) number issued. Such Goods and/or Software must be (i) current, unused Goods and/or Software, (ii) free of all liens, encumbrances, or other claims, and (iii) shipped, transportation prepaid, to Seller’s specified location. Returns made without proper written permission will not be accepted by Seller. Seller reserves the right to inspect Goods and/or Software prior to authorizing return. In the event material is being returned due to failure under an active Warranty, Ebullient will cover shipping and transport costs so long as shipping and transport arrangements are made in advance by Ebullient in cooperation with the customer.

19. BILLABLE SERVICES: Additional charges will be billed to Buyer at Seller’s then prevailing labor rates and Parts prices for any of the following: a) any services not specified in Seller’s quotation, Seller’s order acknowledgement, or other documents referenced herein and therein; b) any services performed at times other than Seller’s normal service hours; c) if reasonable site and/or equipment access is denied the Seller service representative; and d) if it is necessary, due to local circumstances, to use union labor or hire an outside contractor, Seller service personnel will provide supervision only and the cost of such union or contract labor will be charged to Buyer.

20. DRAWINGS: Seller's prints and drawings (including without limitation, the underlying technology) furnished by Seller to Buyer in connection with this agreement are the property of Seller and Seller retains all rights, including without limitation, exclusive rights of use, licensing and sale. Possession of such prints or drawings does not convey to Buyer any rights or license, and Buyer shall return all copies (in whatever medium) of such prints or drawings to Seller immediately upon request therefor.

21. BUYER SUPPLIED DATA: To the extent that Seller has been provided by, or on behalf of, Buyer any specifications, description of operating conditions or other data and information in connection with the selection or design of the Goods and/or Software, and/or the provision of Services, and the actual operating conditions or other circumstances differ from those provided by Buyer and relied upon by Seller, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.

22. EXPORT/IMPORT: Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and the European Union, and the jurisdictions in which the Seller and Buyer are established or from which Goods, Parts, Software, and Services may be supplied, will apply to their receipt and use. In no event shall Buyer use, transfer, release, import, export, Goods, Parts, or Software in violation of such applicable laws, regulations, orders or requirements.

23. NON-SOLICITATION: Buyer shall not solicit, directly or indirectly, or employ any employee of Seller during the period any Goods are being provided to Buyer and for a period of one (1) year after the last provision of Goods.

24. GENERAL PROVISIONS: These terms and conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon the Seller unless made in writing and signed on its behalf by a duly authorized representative of Seller. No conditions, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound, and no modification or additional terms shall be applicable to this agreement by Seller's receipt, acknowledgment, or acceptance of purchase orders, shipping instruction forms, or other documentation containing terms at variance with or in addition to those set forth herein. Any such modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein. No waiver by either party with respect to any breach or default or of any right or remedy, and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by Seller in any quotation, acknowledgment or publication are subject to correction.

25. The validity, performance, and all other matters relating to the interpretation and effect of this agreement shall be governed by the law of the state of Ohio without regard to its conflict of laws principles. Buyer and Seller agree that the proper venue for all actions arising in connection herewith shall be only in Ohio and the parties agree to submit to such jurisdiction. No action, regardless of form, arising out of transactions relating to this contract, may be brought by either party more than two (2) years after the cause of action has accrued. The U.N. Convention on Contracts for the International Sales of Goods shall not apply to this agreement.

26. INDEMNITY: Each party shall indemnify and hold the other party harmless from loss, damage, liability or expense resulting from damage to personal property of a third party, or injuries, including death, to third parties to the extent caused by a negligent act or omission of the party providing indemnification or a party’s subcontractors, agents or employees during performance of services hereunder. Such indemnification shall be reduced to the extent damage or injuries are attributable to others. The indemnifying party shall defend the other party in accordance with and to the extent of the above indemnification, provided that the indemnifying party is: i) promptly notified by the other party, in writing, of any claims, demands or suits for such damages or injuries; ii) given all reasonable information and assistance by the other party; iii) given full control over any resulting negotiation, arbitration or litigation, including the right to choose counsel and settle claims, or the indemnifying party’s obligations herein shall be deemed waived.

Privacy Policy

The Ebullient, Inc. (“Company”) Privacy Policy was updated on May 21, 2015. The website located at www.ebullientcooling.com (the “Website”) is operated by Company (Company may hereinafter be referred to as “us,” “we,” and “our”). Company has created this privacy policy to demonstrate our firm commitment to the privacy of our visitors and customers. Company is committed to respecting your privacy and recognizing your need for appropriate protection and management of personally identifiable information you share with us (the phrases “personally identifiable information” and “personal information” mean any information by which you, individually, can be identified, such as your name, address, telephone number, etc.). The purpose of this privacy policy is to inform you when you visit our Website how we use such information, and the choices you have regarding our use of, and your ability to review and correct, your information.

A Special Notice about Children
Children (under the age of 18) are not eligible to use the Website unsupervised, and we ask that children do not submit any personal information to us. If you are under the age of 18, you may only use this Website in conjunction with, and under the supervision of, your parents or guardians.

General
In general, you may visit many pages of the Website without telling us who you are or revealing any personal information about yourself. We may track the Internet domain address from which people visit the Website and analyze this data for trends and statistics, but individual users will remain anonymous unless they voluntarily tell us who they are.

Sometimes (such as when you purchase or order a product, subscribe to a service, register to receive catalogs, or participate in contests or promotions) we will ask you to provide personal information about yourself, such as your name, shipping/billing addresses, telephone number, e-mail address, credit card information, birth date, gender, occupation, or personal interests. We also maintain a record of your online purchases. Whether or not you choose to provide the information we request is entirely up to you. But if you choose not to provide the information we request, you may be unable to purchase products, or access certain services, offers, and content on the Website.

Collection and Use of Personal Information
If you choose to provide information to us through our online registration, you may be asked to provide us with personal information, including your name, address, postal address and telephone number, your e-mail address, a password, and other identifying information (such as your mother’s maiden name, city of birth, or pet name). If you choose to purchase a product from us, we will collect additional personal information, including your billing address, shipping address, and credit card number and expiration date in order to process your purchase properly. We also may ask you for personal information when you ask us for information, subscribe to a Company service or publication, or download information.

Your personal information enables us to provide you with the information you have requested, provide you with information regarding the status of your assets and transactions, fulfill your purchases, and provide you with information regarding future products and services that may suit your particular interests. We also use your personal information to help identify you if you lose your password and to help you quickly find information on the Website.

If you believe that any of your personal information is incorrect, or has been changed since your registration at the Website, please contact Company through the Website or write to us at Attn: Website Administrator, Ebullient, Inc., 100 S. Baldwin St., Suite 200, Madison, WI 53703 explaining the correction or change and provide any relevant confirmation or reference number.

Safe Harbor
Company adheres to the U.S. safe harbor policy privacy principles of notice, choice, onward transfer, security, data integrity, access, and enforcement, and is registered with the U.S. Department of Commerce’s safe harbor program (www.export.gov/safeharbor). If you have any questions regarding this policy, contact Company through the Website or write to us at Attn: Legal Administrator, Ebullient, Inc., 100 S. Baldwin St., Suite 200, Madison, WI 53703. Cookies The Website uses cookie technology to improve the quality of your experience. A cookie is a small file that contains information sent by a website that is saved on your hard disk by your computer’s browser. Cookies store information that a website may need in order to personalize your experience and gather website statistical data. Any time you visit the Website to browse or to read or download information, we collect and store the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Website; and the Internet address of the website from which you linked directly to the Website. We use this information to measure the number of visitors to areas of the Website, and to help us make the Website more useful and interesting to our visitors. We use information from cookies in the aggregate to analyze for trends and statistics, and then discard it—we do not track individuals, only instances of entry onto the Website.

Some consumers may not know that cookies are being placed on their computers when they visit websites. If you want to know when this happens, or to prevent it from happening, you can set your browser to advise you when a website attempts to place a cookie on your computer.

Do We Share Your Information?
We will share your personal information with our partners and with third-party independent contractors for purposes of: (1) performing functions on behalf of Company, such as processing credit card transactions; (2) providing you with product offers via email or postal mail; and (3) tracking information generated through the Website. Our partners and third-party independent contractors are obligated contractually not to use or share your personal information for unauthorized purposes. Company also may disclose your personal information to comply with a court order, subpoena, search warrant, or other legal process; to comply with legal, regulatory, or administrative requirements of any governmental authorities; to protect and defend Company, its subsidiaries and affiliates, and their officers, directors, employees, attorneys, agents, contractors, and partners, in connection with any legal action, claim, or dispute; to enforce the Terms and Conditions of Use of the Website; to prevent imminent physical harm; and in the event that we find that your actions on the Website violate any laws, our Terms and Conditions of Use, or any of our usage guidelines for specific products or services.

We reserve the right to transfer your personal information to a third party in the event of a transfer of all or substantially all of Company’ assets, provided that the third party agrees to adhere to the terms of this privacy policy.

Opt Out
You may “opt out” of having your personal information shared for purposes of receiving product offers via e-mail or postal mail, and from receiving product offers directly from us via e-mail or postal mail, by providing us written notice identifying which communications you choose not to receive by writing us at: Attn: Opt Out Administrator, Ebullient, Inc., 100 S. Baldwin St., Suite 200, Madison, WI 53703.

If you choose not to give us your personal information at all, you can still access the Website; however, you will not be able to access areas that require registration or personal information.

Third-Party Hosting
Company contracts with a third party to maintain and host the Website. Therefore, any information you submit, including personal information, will be placed and stored on a computer server maintained by this third-party host. The third party has agreed to implement technology and security features and strict policy guidelines to safeguard the privacy of your personal information from unauthorized access or improper use.

Site Technologies
Company does not provide the technologies used to build the Website, and therefore, neither recommends nor endorses the same. Any information regarding identified technologies, including their capabilities, limitations, and applications, should be sought directly from their manufacturers. Company hereby disclaims any rights to trademarks, service marks, trade names, logos, copyrights, patents, domain names, or other intellectual
property interests of third parties.

Links to Other Materials
The Website contains links to other sites. These links are an accommodation to the respective third-party site owners and for your convenience. Sites linked to and from the Website are not necessarily under the control of Company, and Company shall have no responsibility or liability whatsoever for the content or privacy practices of any linked sites, or any link or linking program at any time. You should read and understand Company’s policies with respect to such third-party links, as stated in the Terms and Conditions of Use of the Website. Security The Website has security measures in place to protect the loss, misuse, and alteration of the information under our control. All credit card information utilizes stateof-the-art encryption technology. Effective Date This privacy policy is effective as of May 21, 2015. Company reserves the right to modify the terms of this privacy policy at any time and in its sole discretion, by posting a change notice on this page. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING OUR POSTING OF A CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THOSE CHANGES.

Ebullient, Inc., 100 S. Baldwin St., Suite 200, Madison, WI 53703

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Terms of Use

The Ebullient, Inc. (“Company”) Terms and Conditions of Use were updated on May 21, 2015.

Welcome to www.ebullientcooling.com (the “Website”). Company provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification.

If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website. If you visit the Website, you accept these terms and conditions of use. Please read them carefully.

Privacy
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

Geographic Scope
The Website may be viewed internationally, and may contain references to products or services not available in all countries. References to a particular product or service do not imply that the Company intends to make such products or services available in such countries.

Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing.

Copyright
All content included on the Website, including, but not limited to, text, design, graphics, logos, button icons, images, audio clips, digital downloads, interfaces, data compilations, software, and code, is the property of Company, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of Company, its affiliates, or its content suppliers, and is protected by U.S. and international copyright laws. All software used on the Website is the property of Company, its affiliates, or its software suppliers and is protected by United States and international copyright laws. For purposes of these terms and conditions of use, the term “affiliates” means any entity or person, directly or indirectly, owning a controlling interest in, or under common ownership control with, Company, or any entity or person in which Company, directly or indirectly, owns a controlling interest. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Website without the express, written consent of Company.

Trademarks
Company is the owner of unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin that appear on this Website, including, without limitation, the following:
Ebullient Cooling ™
Real World Two-Phase Cooling ™
Ebullient Precision Cooling System ™
Ebullient Fluid Distribution Unit ™
DirectJet Fluid Distribution Unit ™
Ebullient DirectJet ™
DirectJet ™
DirectJet 32 ™
DirectJet 120 ™
DirectJet 480 ™
DirectJet Pro ™
DirectJet Extreme ™
DirectJet Manifold ™
DirectJet Module Loops ™
DirectJet Module ™
Increase Uptime. Decrease Cost. ™
Overclock. Under Control. ™

The registered and unregistered trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates may not be used in connection with any business, product, or service whose source is not Company or one of its affiliates, in any manner that is likely to cause confusion among customers, the trade, or the public, or in any manner that disparages or discredits Company or any of its affiliates. All other trademarks, service marks, trade names, and logos not owned by Company or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company or its affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, service marks, trade names, graphics, logos, page headers, button icons, scripts, trade dress, or other indicia of trade origin of Company or its affiliates displayed or contained in the Website without the express, written consent of Company or its affiliates.

Patents
One or more patents apply to the Website and to the features, products, and services accessible via the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the foregoing patents, licensed patents, or the patentable inventions contained therein without the express, written consent of Company.

License and Website Access
Company grants you a nonexclusive, nontransferable, limited right and license to access and make personal use of the Website and the material provided hereon for your personal, noncommercial use, provided that you fully comply with the terms and conditions of use of the Website. You agree not to download (other than page caching) or modify the Website, or any portion of it, except with express, written consent of Company.

This license does not include any rights of resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express, written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, without limitation, images, text, page layout, or form) of Company or its affiliates without its or their respective express, written consent. You may not use any metatags or any other “hidden text” utilizing Company’s or its affiliates’ name or trade names, trademarks, or service marks without the express, written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company so long as the link does not portray Company, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any proprietary graphic, trade name, trademark, or service mark of Company or any of its affiliates as part of the link without the express, written consent of Company.

Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Children
Company does sell products for children, but it sells them to adults, who can purchase the products with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian.

Reviews, Comments, Communications, and Other Content
Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Visitors may not post reviews, comments, and other content, send e-cards and other communications, or submit suggestions, ideas, comments, questions, or other information, any of which is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grantCompany and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, including, without limitation, any ideas, concepts, know-how, or techniques contained in any communications, content, or materials you send to the Website for any purpose whatsoever, including, without limitation, developing, manufacturing, providing, or promoting new products or services using such information and things. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and Conditions of Use and will not cause injury to any person or entity; and that you will indemnify Company, its related entities, and its affiliates for all claims resulting from content you supply.

From time to time, Company may monitor and edit or remove any activity or content, but it has no obligation to do so. Company takes no responsibility and assumes no liability for any content posted by you or any third party. Harassment in any manner or form on the Website, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors to the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or that constitutes or encourages a criminal offense, violates the rights of any party, or otherwise gives rise to liability or violates any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any commercial online service or other organization.

Risk of Loss
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions
In the interest of product improvement, product specifications may be changed from time to time without notice. Company does not warrant that product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to notify Company immediately and return it in unused condition.

Pricing
With respect to items sold by Company, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: (1) if an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; OR (2) if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by Company.

Links
These terms and conditions of use apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, services, or other materials on or available from such other websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products, services or other resources available from any other website (regardless of whether we directly or indirectly link to such content, advertisements, products, services, or other resources). You should direct any concerns with respect to any other websites to that website’s administrator or webmaster.

Copyright Complaints
Company respects the intellectual property rights of others, and we ask our users to do the same. In appropriate circumstances and in our discretion, we may terminate the rights of any user to use of the Website (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent” specified below: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed upon; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You may send any notices, including notices of copyright infringement under the Digital Millennium Copyright Act, to Company’s designated agent for notice of claims of copyright infringement on the Website at the following addresses:

Attn: Copyright Agent
Ebullient, Inc.
100 S. Baldwin St., Suite 200
Madison, WI 53703

Please note that this procedure is exclusively for notifying Company and its affiliates that your copyrighted materials have been infringed.

THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT

Disclaimer of Warranties and Limitation of Liability
The Website is provided by Company on an “as is” and “as available” basis. Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk. To the fullest extent permissible by applicable law, Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Company does not warrant that the Website, its servers, or e-mail sent from Company are free of viruses or other harmful components. Company will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have
additional rights.

Governing Law
The Website was developed in the United States of America in accordance with and shall be governed by the laws of the state of Wisconsin. By visiting the Website, you agree that the laws of the state of Wisconsin, without regard to principles of conflict of laws, will govern these terms and conditions of use, and any dispute of any sort that might arise between you and Company or its affiliates.

Disputes
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential arbitration in Madison, Wisconsin, of the United States of America, except that, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the state of Wisconsin, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these terms and conditions of use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms and conditions of use shall be joined to an arbitration involving any other party subject to these terms and conditions of use, whether through class arbitration proceedings or otherwise.

Site Policies, Modification, and Severability
As noted above, you are encouraged and advised to review the terms and conditions of use and the Privacy Policy posted on the Website. These policies also govern your visit to the Website. By using the Website, you agree to be bound by and to abide by these policies, just as if you had signed an agreement. If you do not comply with these Terms and Conditions of Use at any time, we reserve the right, if applicable, to terminate your password, user account, or your access to the Website (or any part thereof). You agree that any termination or cancellation of your access to, or use of, the Website, may be effected without prior notice. Further, you agree that we will not be liable to you or to any third party for any termination or cancellation of your access to, or use of, the Website.

We reserve the right, in our sole discretion, to change, modify, add to, or remove portions of the Website, the Terms and Conditions of Use and the Privacy Policy at any time. You should check these Terms and Conditions of Use and Privacy Policy periodically for changes. By using the Website after we post any changes to the Terms and Conditions of Use or the Privacy Policy, you agree to accept those changes, regardless of whether you have reviewed them. If you do not agree to these Terms and Conditions of Use and the Privacy Policy, you should not use the Website and, if applicable, you should arrange to cancel your registered user account or subscription with us. If any of these terms or conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severed and will not affect the validity and enforceability of any remaining term or condition.

Ebullient, Inc., 100 S. Baldwin St., Suite 200, Madison, WI 53703

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Unsolicited Submissions Policy

It is our policy not to accept or consider unsolicited ideas. Please do not submit any unsolicited ideas, original creative artwork, suggestions, or other works (“Submissions”) in any form using this Contact page. Any unsolicited submissions, regardless of the contents contained therein, shall be governed by the terms below.

You agree that:
1. your Submissions and their contents will automatically become the property of Ebullient, Inc. (“Company”) without any compensation to you;
2. Company may use or redistribute the Submissions and their contents for any purpose and in any way;
3. there is no obligation for Company to review or return the Submissions; and
4. there is no obligation for Company to keep the Submissions confidential, and Company shall not be liable for any use or disclosure of the Submissions. In addition, except as provided in our Privacy Policy, any feedback or other comments you provide using this form shall be deemed to be non-confidential. Company shall be free to use such information on an unrestricted basis.

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