(Contains legal information, including the Terms and Conditions and Code of Conduct applicable to this website. PLEASE READ THIS CAREFULLY!)
This internet website is the property of Araium, LLC. References to “Araium,” “Araium Power Consultants,” “Araium online services,” or “this website” shall also be deemed to be references to the owners of this domain.
Araium, LLC provides access to this website and any related services provided hereon (the “Araium online services”) subject to your compliance with the following terms and conditions. These terms and conditions constitute an agreement between you and Araium (“agreement”) that governs the relationship between you and Araium with respect to your use of this website and the Araium online services. Thus, it is important that you read carefully and understand these Terms and Conditions.
Opinions, views and conclusions expressed on araium.com are those of the content authors and not necessarily those of Araium, LLC. Publication on this website does not constitute or imply endorsement of any opinion, product, or service by the owners of this domain.
Araium makes no endorsement, representation or warranty as to any opinion, product or service referenced or advertised on this domain. Araium expressly disclaims any and all liability to any consumer, purchaser or any other person using any product or service referenced or advertised on this domain for any injuries or any consequential, punitive, special, incidental, direct or indirect damages. Araium further disclaims any and all warranties, express of implied, including, but not limited to, any implied warranty of fitness for a particular purpose.
WARRANTY DISCLAIMER
Araium has provided links and pointers to internet sites maintained by third parties (“third party sites”) and may, from time to time, provide third party materials on this website. Neither Araium, its parent or subsidiary companies, nor their affiliates, operate or control in any respect any information, products, or services on these third party sites. The materials in this website and the third party sites are provided “as is” and “as available” with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this website and the Araium online services.
Araium, its affiliates, and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this website, Araium online services, or any third party sites. Your sole remedy for dissatisfaction with this website, Araium online services, and/or any third party sites is to stop using the website(s) concerned and/or those services. Araium does not warrant that the functions contained in this website, the Araium online services and/or any third party sites will be uninterrupted or error-free, that defects will be corrected, or that this website or any third party sites, or the servers that make them available, are or will be free of viruses or other harmful components.
Araium does not warrant or make any representations regarding the use or the results of the use of the materials on this website, the Araium online services, or any third party sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not Araium) assume the entire cost of all necessary maintenance, repair, or correction of any such materials. For the avoidance of doubt, Araium makes no representations or warranties regarding how often the materials or information posted on this website will be updated (if at all) or the number or identification of the authors or other individuals (if any) that will be featured on this website.
TERMS AND CONDITIONS
By visiting this website you are bound by these terms and conditions whether you read them or not.
TRADEMARK AND COPYRIGHT INFORMATION
The material used on this website, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, or licensed to Araium and is protected by copyright, trademark, and other intellectual property rights. Material on this website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Araium in each instance. You may download material intentionally made available for downloading from this website for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
FAIR USE
The use of any unlicensed copyrighted material on this website is provided for the purposes of commentary, teaching, scholarship, or research, and is therefore considered to be covered as “fair use” as specified in 17 USC 107 – Limitations on exclusive rights: Fair use. If you are the owner of copyrighted material on this website and feel that our use of such material is not covered under 17 USC 107, please contact us via email: legal@araium.com
DESIGNATED AGENT UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT
The Digital Millennium Copyright Act (DMCA) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that Araium should be notified of a possible online copyright infringement involving any Araium website, please notify Araium’s designated agent: legal@araium.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. Sec. 512(c)(3)) before sending your notice of claim.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Araium online services on this website (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Araium, its affiliates, or any person or property associated with Araium, the Araium online services, this website, or any other website in the Araium family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using this website and/or the Araium online services, that: (1) you will not use this website or any of the Araium online services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying this website or any of the Araium online services provided hereon (for example, by means of hacking or defacement); (3) you will not post any copyrighted material on this website or any of the Araium online services provided hereon unless you own the copyright in and to such material; (4) you will not post or transmit any information or software that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (6) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of this website, the Araium online services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of this website or any of the Araium online services.
All posts express the views of the author, and neither the owners of this domain, nor the developers of third-party software used on this domain, will be held responsible for the content of any message. Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Araium and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s).
Conduct yourself as you would in a public setting. The owners of this domain reserve the right to remove, edit, move or close any content item for any reason and without notice. We ask that you report this type of content so it can be removed immediately. We reserve the right to reveal your identity (including whatever information we know about you) in the event of a criminal complaint or legal action arising from any message posted by you.
Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Araium websites and any related Araium Online Services (including bulletin boards and chat rooms).
VOID WHERE PROHIBITED
Although this website is accessible worldwide, not all products or services discussed or referenced on this website are available to all persons or in all geographic locations. Araium reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this website is void where prohibited.
LICENSE TO ARAIUM
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this website, you are granting Araium a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.
END USER LICENSE AGREEMENT (EULA)
This product is licensed, not sold, to You for use only under the terms of this license. The licensor (“Application Provider,” or “Operator”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application,” “Application,” and “Software.”
Subject to these Terms, the Application Provider grants you a non-exclusive, non-transferable license to use the Application on any compatible device that You own or control for your own non-commercial entertainment purposes. You agree not to use the Application for any other purpose or share your license with another party.
You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, decrypt, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
MAKING PURCHASES
If you wish to purchase products or services described on this website, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Araium and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions. Araium reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
LITIGATION ISSUES
This Agreement is entered into in United States and shall be governed by, and construed in accordance with, the laws of the United States, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in United States, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party to this Agreement further agrees as follows: (i) any claim brought to enforce this Agreement must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint. As far as the law allows, the total liability to you for claims of any kind that are related to the Araium online services or content on the Araium family of websites will be limited to $50.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto with respect to the subject matter of this Agreement are expressly canceled. Araium may modify the terms of this Agreement by posting notice of such modification before taking effect.
These terms were last updated on 12/31/2022, and may be updated again. The owners of this domain will post all updates to the forum. For updates that contain substantial changes, the company agrees to e-mail you, if you’ve created an account and provided a valid e-mail address. The company may also announce updates with special messages or alerts on the forum. Once you get notice of an update to these terms, you must agree to the new terms in order to keep using Araium online services.