These Terms of Use (“Terms”) represents the entire agreement between Multi-Tech Systems, Inc. (“Multi-Tech Systems”) and You (defined below) related to Your use of MultiTech.net (the “Service”). By clicking “I Agree” when provided as an option, or by using the Service, You are accepting these Terms and agreeing to abide and comply with them. Despite these Terms, You use the Service at Your own risk. “You” or “Your” refers to: (1) the user of the Service, if an individual, (2) the employer, if the user is acting on behalf of his/her employer, or (3) a third party, if the user is acting on behalf of that third party.

You should print and/or save a copy of these Terms for Your records.

1. Registration.

You may be asked to register by providing limited information to participate in or access the Service. You agree to provide accurate, up-to-date information as requested. In registering, You will create a username and password to set-up Your profile for Your access to the Service. You are solely responsible for all activities associated with Your profile, including maintaining the confidentiality of Your password. If Your profile or password is used without Your authorization, immediately notify the Service administrator. Your information collected through registration is subject to Multi-Tech Systems’ Privacy Statement.

2. Using the Service.

In using the Service, You agree to abide by the following:

• Respect Multi-Tech Systems and Other Users, including their ideas, their privacy, their work, their intellectual property/proprietary rights, and their time.
• Respect the Service, and do not access it through any interface other than the one provided or through automated means, and further, do not engage in activity that interferes with or disrupts the Service.
• No Solicitations, advertisements, promotions, campaigns, petitions, or to seek investigative information for any purpose whatsoever.
• Use Good Judgment, and refrain from using profanity, obscenities, swear words, crude or sexual language.
• Be Lawful, and do not impersonate or misrepresent Yourself, others, or Your work. Defamatory, false, misleading, threatening, insulting, abusive, offensive and discriminatory submissions are not tolerated. Similarly, submission of Content (defined below) that infringes or violates another’s work or rights is in violation of these Terms.
• No Use of Multi-Tech Systems’ Identity (defined below), such that You agree You will not use Multi-Tech Systems’ Identity in any way without the prior signed permission of Multi-Tech Systems.

3. Content

3.1 “Content” means all information, software and material incorporated in the Service or provided by others to the Service.

3.2 Your Content. When You submit Content, you retain all copyright and other rights You may hold in such Content, except You grant Multi-Tech Systems a perpetual, worldwide, royalty free, nonexclusive, transferable, irrevocable license to use, reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute the Content You submit. You warrant that You have all right, power and authority necessary to grant this license and You agree that You are solely responsible for any Content You create, transmit, display or submit in conjunction with the Service and for the consequences of any such actions.

3.3 Multi-Tech Systems’ Content. Content provided by Multi-Tech Systems may change at any time for any reason and without notice to You. You acknowledge and agree that Multi-Tech systems owns all right, title and interest in and to the Service and its Content. Any Content provided by Multi-Tech Systems is subject to these Terms.

3.4 Other Content. Other users may submit Content to the Service, and such Content is the sole responsibility of the user from whom the Content originated. Content incorporated in the Service may be protected by intellectual property or other proprietary rights of Multi-Tech Systems or the originating user and You agree to respect such rights.

3.5 Content Filtering. Multi-Tech Systems reserves the right (but has no obligation whatsoever) to pre-screen, flag, filter, modify, review, refuse or remove any or all Content from the Service at any time for any reason. Multi-Tech Systems may use tools, programs or software to filter Content and may limit Your or other users’ access to all or any portion of the Content.

4. Trademarks

4.1 Nothing in these Terms gives You a right to use any of Multi-Tech Systems’ trade names, trademarks, service marks, logos, domain names or other distinctive brand features (collectively, “Multi-Tech Systems’ Identity”).

4.2 You agree that You will not remove, obscure, or alter any proprietary rights notices, including without limitation, trademark or copyright notices, which may be affixed to or contained in the Service.

5. Disclaimer of All Warranties

5.1 TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, MULTI-TECH SYSTEMS DISCLAIMS ALL WARRANTIES, PROMISES, AND REPRESENTATIONS RELATED TO THE SERVICE AND ANY CONTENT, INCLUDING THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE AND ALL CONTENT IS PROVIDED “AS AVAILABLE” AND “AS IS”.

5.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MULTI-TECH SYSTEMS OR THROUGH OR FROM MULTITECH.NET OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

5.3 YOUR JURISDICTION MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND MULTI-TECH SYSTEMS’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

6. No Liability

TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, MULTI-TECH SYSTEMS IS NOT LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE OR THE CONTENT, EVEN IF THE POSSIBILITY OF SUCH LIABILITY IS FORESEEABLE OR KNOWN. IF MULTI-TECH SYSTEMS IS EVER DEEMED LIABLE TO YOU, ITS AGGREGATE LIABILITY, WHETHER BASED IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $100.

7. Indemnification

You agree to indemnify Multi-Tech Systems, its shareholders, directors, employees, agents, representatives and affiliates against all demands, claims, suits, or otherwise (collectively, a “Claim”), giving rise to liability (e.g. damages, costs, attorneys fees, legal expenses, etc.) that arise from Your use of the Service or the Content (whether provided by You or others) or Your breach of these Terms. Upon the request of Multi-Tech Systems, You agree to immediately mitigate any liability, hire an attorney to respond to any Claim, and to allow Multi-Tech Systems to approve any settlement of such Claim.

8. Termination

You may terminate Your use of the Service and these Terms by notifying Multi-Tech Systems at any time using the contact information below and terminating Your profile. Multi-Tech Systems may terminate Your use of the Services at any time if: You breach or threaten to breach these Terms, Multi-Tech Systems is required to do so by law or governmental order, or Multi-Tech Systems chooses to discontinue the Service. Your obligations and any rights You have granted Multi-Tech Systems contained in the following provisions of these Terms shall survive any termination: Sections 2, 3, 4, 5, 6, 7, 8, and 9.

9. General Terms

9.1 These Terms of Use: (a) contain the complete and exclusive agreement regarding the Service; (b) supersede any and all prior or contemporaneous written or oral agreements, representations, promises and understandings regarding the Service; (c) may be modified, supplemented or amended by Multi-Tech Systems at any time with or without notice and your continued use of the Service is deemed your acceptance of such modifications, supplements, or amendments; (d) is governed by Minnesota law, without regard to its choice of law provisions; (e) may only be waived by Multi-Tech Systems in a signed writing; and (f) all rights and remedies are available to Multi-Tech Systems.

9.2 You acknowledge that portions of the Service and the Content may be governed by other terms, including without limitation, licenses generally referred to as “open source”. Such portions of the Service and the Content are governed by those terms.

9.3 If any provision of these Terms is ruled to be invalid by a court of competent jurisdiction, then such provision is to be modified so as to best maintain the spirit of these Terms and promote the intent of protecting Multi-Tech Systems from any and all liability to the maximum extent allowable by the law.

9.4 You agree to submit to the exclusive jurisdiction of the state courts in Ramsey County, Minnesota to resolve any dispute arising from these Terms, the Service or the Content. Notwithstanding anything herein, Multi-Tech Systems is entitled to seek injunctive relief in any jurisdiction.

10. Contact Us

If you have any questions, comments or suggestions related to Multi-Tech Systems, the Service or the Content, please contact:

Multi-Tech Systems, Inc.
2205 Woodale Drive
Mounds View, MN 55112
(763) 785-3500
Info@MultiTech.net