Multipliciti - Building A Net-Zero Habitat

Multipliciti Terms and Conditions

Last Updated: November 1st, 2021

1. Overview and Acceptance of Use

Welcome to Multipliciti (“Multipliciti”) is a curated online marketplace connecting building material manufacturers globally with buyers in the U.S., accessible through its websites (collectively, the “Site”) and procurement platform (collectively, the "Application") (together, the “Services”). Throughout these Terms of Service (“Terms”), the terms “Multipliciti”, “our”, “us”, and/or “we” refer to Multipliciti, a subsidiary of Multipliciti, Inc. The terms “you” and/or “your” refer to any visitor of the Site and/or any user of the Services, including any Member (as defined below). These Terms govern your access to and use of the Services and Collective Content (defined below), and constitute a binding legal agreement between you and Multipliciti.

Please read these Terms, our Privacy Policy, the Buyer Terms of Service, and Supplier Terms of Service, all of which are incorporated herein by reference and govern your access to and use of the Services. The Services are offered and available solely to users who are 18 or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Multipliciti and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that party to these Terms and, in such event, “you” and “your” will refer and apply to that party.

You acknowledge and agree that by accessing or using the services (including by downloading or posting any content from or onto the services), you agree to be bound by these terms and all other terms and policies referenced in these terms. This applies whether or not you have registered on or through the services. If you do not agree, then you have no right to access or use the services or collective content.

These terms require the use of arbitration to resolve individual disputes, rather than jury trials or class actions, and also limit the remedies available to you should there be a dispute. Your agreement to these terms indicates your express acknowledgement and agreement that you have read and understand how the arbitration provision set forth in section 26 below works.

2. Modification

We reserve the right, at our sole discretion to modify, suspend, discontinue or terminate the Services or any content, feature or material we provide thereon, or to modify these Terms, at any time and without prior notice, and have no obligation to update any information thereon. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including Members. You agree that it is your responsibility to monitor changes to our Services. If we modify these Terms we will post the modification on the Site or via the Application and/or provide you with notice of the modification. By continuing to access or use the Services thereafter, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

3. Key Definitions

“Collective” means, collectively, Multipliciti Content and Member Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.

“Multipliciti Content” means Content that Multipliciti makes available through the Services including any Content licensed from a third party, but excluding Member Content.

“Member” means a business that completes Multipliciti’s account registration process, as described under the “Account Registration” section below.
“Member Content” means Content that a Member posts, uploads, publishes, submits or transmits to Multipliciti to be made available through the Services.

4. Account Registration

To access certain features of the Services and to post any Member Content thereon, you must register to create an account (“Account”) and become a Member. Multipliciti offers three types of Accounts. The first is a “Buyer Account” for buyers who purchase goods through the Application (“Buyers”). The second is a “Supplier Account” for sellers who offer to sell and/or sell their goods to Buyers through the Services (“Supplier”). The Third type is a "Free Account" who can browse Collective but restricted from accessing the Application. Each type of Account gives access to different aspects of the Services.

You may register directly via the Site or Application. During the registration process, you will be required to provide certain information (depending on the type of Account), and you will establish a username and a password. You agree that all information you provide to register for an Account (and/or for any subsequent activity or interaction with Multipliciti and the Services), including through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information or information you provide, consistent with our Privacy Policy.

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to temporarily suspend or permanently terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password and you agree that you will not disclose it to any third party. You agree that you are solely responsible for any activities or actions under your Account, whether you authorized them or not. You will immediately notify us of any unauthorized use of your Account. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

5. Account Levels

Supplier Account. To sell goods through the Services as a Supplier, you must submit an application to, and be approved by, Multipliciti. The application process and Supplier Account are both free. The application seeks basic information about you, your company and your products. If approved as a Supplier, you will be required to submit additional information, including about your business, where to deposit funds from sales of your products and applicable tax and related documentation (e.g., EIN, W-8, etc.). Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Supplier is subject to the Supplier Terms of Service referenced above.
Buyer Account. To purchase goods through the Services as a Buyer, you need to establish a Builder Account, which is free. When you sign up as a Buyer, you will be required to submit customary information such as your first and last name, company name, email address and other information about your business. Before you make your first purchase as a Buyer, you may be required to provide additional information such as payment method information and related documentation as may be required by Multipliciti. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Buyer is subject to the Buyer Terms of Service referenced above. You acknowledge and agree that by submitting your application to become a Buyer, you authorize Multipliciti and its designated agents to access your business credit history, for the purpose of evaluating your business' eligibility to obtain Services from Multipliciti. By submitting payment details in conjunction with registering for a Buyer Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We, and the Supplier, have the right to refuse any order.
General Account. To browse Collective on the Site, you need to establish a General Account, which is free. You will not have access to the Application, and you will not able to purchase goods from the Supplier.

6. License Granted by Member

We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content to us. By providing or otherwise making Member Content available to Multipliciti on or through the Services, you hereby grant to Multipliciti a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content on, through or by means of the Services and/or any of Multipliciti’s advertising, marketing, publicity or other initiatives or events. Multipliciti does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content.

You acknowledge and agree that you are solely responsible for any and all Member Content that you make available through the Services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases necessary to grant to Multipliciti the rights in such Member Content as contemplated under these Terms; and (b) neither the Member Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the Member Content or Multipliciti’s use of the Member Content (or any portion thereof) on, through or by means of the Services and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Member Content you make and its accuracy. Multipliciti takes no responsibility and assumes no liability for any Member Content posted by you or any third party, and you agree to indemnify Multipliciti per the terms of the Indemnification section herein.

7. Procedure for Claiming Copyright Infringement – DMCA Notice

Multipliciti respects copyright law and expects its users to do the same. It is Multipliciti’s policy to terminate, in appropriate circumstances, Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.

8. Information We Collect About You

All information we collect about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

9. Termination and Account Cancellation

If you breach any of these Terms, Multipliciti will have the right to suspend or disable your Account or terminate these Terms, in its sole discretion and without prior notice to you. Multipliciti reserves the right to revoke your access to and use of the Services and Collective Content at any time, with or without cause. In the event Multipliciti terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to customer@multipliciti.com.

10. Disclaimers

The services and collective content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, Multipliciti explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Multipliciti makes no warranty that the services or collective content will meet your requirements or be available on an uninterrupted, secure or error-free basis. Multipliciti makes no warranty regarding the quality of any products, services or collective content purchased or obtained through the services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the services. No advice or information, whether oral or written, obtained from Multipliciti or through the services or collective content, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. You understand that Multipliciti does not screen or inquire into the background of any users of the services, nor does Multipliciti make any attempt to verify the statements of users of the services. Multipliciti makes no representations or warranties as to the conduct of users of the services or their compatibility with any current or future users of the services. You agree to take reasonable precautions in all communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.

11. Indemnity

You agree to defend, indemnify, and hold Multipliciti, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) made by any third party due to or arising out of your violation of these Terms, and/or any law or the rights of a third party, and/or your use of the Services, including your Member Content.

12. Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services and Collective Content remains with you. Neither Multipliciti nor any other person or entity involved in creating, producing or delivering the Site, Services, Application or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services or Collective Content, or from any communications, interactions or meetings with other users of the services or other persons with whom you communicate or interact as a result of your use of the services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Multipliciti has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Multipliciti's aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Services or Collective Content exceed us$500. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Multipliciti and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

12. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. Any legal proceedings regarding to this sales agency agreement will be conducted in the State of Delaware furthermore both parties agree to seek mediation prior to making any legal actions.

13. Import and Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is imported or exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

14. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Multipliciti’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Multipliciti may assign or transfer these Terms in its sole discretion without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

15. Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given: (a) by Multipliciti via email (in each case to the primary account email address that you provide); (b) by posting to the Site; or (c) via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

16. Dispute Resolution – Arbitration

Please read this arbitration provision carefully because it affects your rights.

You and Multipliciti agree that any dispute, claim or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each Party retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available; and (d) seek injunctive relief in a court of law in aid of arbitration. You acknowledge and agree that you and Multipliciti are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Multipliciti otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Multipliciti as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these terms.

Arbitration rules and governing law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The parties agree that the Federal Arbitration Act applies and will govern the interpretation and enforcement of this arbitration agreement.

Arbitration process. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an experienced (15+ years practicing) attorney licensed to practice law in the state of Delaware.

Arbitration location and procedure. Unless you and Multipliciti otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed US$10,000, then the arbitration will be conducted solely on the basis of documents you and Multipliciti submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds US$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties.

Arbitrator’s decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent, to the extent permitted by law, with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the aaa rules. If applicable arbitration rules or laws require us to pay a greater portion or all of such fees and costs in order for this dispute resolution provision to be enforceable, then we will have the right to elect to pay the fees and costs and proceed to arbitration.

Changes. Notwithstanding the provisions of the “modification” section above, if Multipliciti changes this “dispute resolution” section after the date you first accepted these terms (or accepted any subsequent changes to these terms), you may reject any such change by sending us written notice (including by email to customer@multipliciti.com) within 30 days of the date such change became effective, as indicated in the “last updated date” above or in the date of Multipliciti’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Multipliciti in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first accepted these terms or accepted any subsequent changes to these terms' Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Multipliciti and you regarding the Services and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Multipliciti and you regarding the Services and Collective Content.

18. Miscellaneous

The failure by Multipliciti to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Multipliciti. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word “include” or “including” means “including, but not limited to”. Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

19. Contact Us

If you have any questions about these Terms, please contact Multipliciti at customer@multipliciti.com.

Supplier Sales Agency Agreement

1. Appointment and Authority

The Company agrees to appoint the Sales Agency as a representative for the products and territories listed below. Furthermore, the Sales Agency is in acceptance of such appointment. All sales and transactions take place in the Sales Agency’s procurement platform.

Products: Products listed in Multipliciti's database

Territories: United States

2. Commission

Commissions due to the Sales Agency shall include all orders within the territory assigned when orders were solicited by the Sales Agency.

Commissions shall be six percent (6%) of the net sale total invoiced by the Company to the Customer.

All commission payments shall be made in US currency and will be subject to all government laws including taxes and withholding. The commission shall be earned upon the customer order date and will be due within 30 days of the invoices’ creation and product shipment.

3. Sale of Product

The Company shall provide documents of all price lists, delivery schedules, as well as any terms and conditions related to the products or services being sold. All quotes given by the Sales Agency shall reflect the above documents.

The Sales Agency will have no authority to offer discounts or any other pricing unless prior written consent has been obtained from the Company. Additionally, the Company may change pricing, delivery costs, terms and conditions, or delivery schedules with 30 days prior notice to the Sales Agency. These changes will not affect any sales accepted prior to the notification date.

All quotes provided to customers must be submitted with invoicing and sales documentation for every order.

All orders are subject to acceptance by the Company. The Sales Agency will have no authority to make acceptance or delivery promises to customers.

4. Term

This sales agency agreement shall remain in full force for a period of 12 months from the agreement date.

5.Termination

This agreement may be terminated under any of the following conditions:

• Either Party filing for bankruptcy

• Any breach of the conditions listed that is not cured within 30 days of notice

• Upon either party’s conviction of a crime or action that impacts the performance and ability to abide by the agreement terms

6. Sales Agency Responsibilities

Within 30 days of this sales agency agreement’s effective date, the Company may assign the Sales Agency with an annual quota considered fair and reasonable and will consider previous sales, the territory’s economic state, and any additional territory market situations.

The Sales Agency may deploy advertising or sponsorship campaigns in the assigned territory.

The Sales Agency may attend any industry trade shows as a representative of the Company.

The Sales Agency shall not under any circumstances make any misleading or false representations regarding the products or Company in this sales agency agreement.

7. Additional Company Requirements

The Company shall provide the Sales Agency with all marketing and technical information concerning the products. Any product developments or enhancements to the product shall be delivered to the Sales Agency.

8. Non-Circumvention.

The Company expressly agrees not to circumvent, avoid, bypass or obviate the Sales Agency in any manner, directly or indirectly, to avoid payment of fees, royalties, or any other obligation in any way involving any of the parties introduced and Confidential Information disclosed pursuant to this Agreement, or any transaction contemplated hereunder or other business arrangement arising out of or connected in any way to the Confidential Information.

9. Pre-Existing Relationships

In the event that any third parties already have a pre-existing working relationship or have previously made contact with any parties to this Agreement via other means, and such third parties were not introduced by any parties to this Agreement, such third party contacts and/ or sources are not subject to the restrictions, terms and conditions of this Agreement.

10. Trademarks

During the Agreement’s Term, the Sales Agency shall have rights to represent the products within the designated territory including those products under trademark, copyright, or trade name of the Company.

The Sales Agency will under no condition remove or alter any trademarks listed on the product by the Company.

11. Confidentiality

The Sales Agency understands they may gain knowledge to certain information or materials that are of high value to the Company.

Information of high value may not be disclosed to third parties under any circumstances during the term of this sales agency agreement.

All information marked confidential by the Company will remain as so unless prior written consent from the Company has been obtained.

12. Indemnification

It is and will remain the Company’s sole responsibility to develop, design, and produce all of its products as well as all patents and trade names owned by the Company.

The Company agrees to hold the Sales Agency harmless against as well as pay any and all claims, losses, fees or damages that may result from the infringement of the Company’s patents, trade names, or products.

Furthermore, the Company will indemnify the Sales Agency with regard to any and all costs arising from warranty claims, product liability claims, or negligence claims.

If the Sales Agency shall receive any notices with regard to any proceedings occurring from the above instances such notices shall be delivered to the Company and the Company shall defend any such litigation.

13. Severability

Should any provisions at this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby and shall continue to be in effect.

14. Notices

Any and all notifications with regard to this sales agency agreement shall be delivered via email or platform messages.

15. Assignment

Both parties agree not to transfer this agreement or any obligations pertaining to this agreement without prior written consent.

16. Governing Law

Both parties agree to comply with all governmental laws and regulations applicable to the State of Delaware.

Any legal proceedings regarding to this sales agency agreement will be conducted in the State of Delaware furthermore both parties agree to seek mediation prior to making any legal actions.

17. Property Rights

The Sales Agency understands and agrees the Company is the rightful owner of any and all titles, rights, interest, and products included in this agreement.

The Sales Agency will be permitted to use the products in accordance with this agreement and upon termination will relinquish any rights obtained.

18. Acceptance

By signing below, both parties acknowledge and agree to all the terms and conditions set forth within this sales agency agreement.

Architectural Plans Licensing Terms and Conditions

1. Purchases

If you wish to purchase any product or service you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We also reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

2. Content

These Plans do not include any detailed electrical, plumbing, heating or air conditioning, or structural drawings due to the wide variety of local codes, regulations, site and climatic conditions. The purchaser should have a local electrical engineer, mechanical engineer, structural engineer and/or builder provide the detailed electrical, plumbing, heating and air conditioning, and/or structural drawings as may be required for permits and construction. The design as shown may not be acceptable for some locations due to specific local requirements, climate, and codes. Each purchaser should have a local designer, architect, or licensed engineer review these Plans and provide a site-specific structural, electrical, plumbing, and HVAC design if deemed necessary.

These Plans provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details. The variation of local codes and regulations, site conditions, foundation requirements, and the layout of electrical, mechanical, and plumbing systems may also change details.

3. Availability, Errors and Inaccuracies

We are constantly updating product and service offerings and we may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

4. Intellectual Property

All products and services and its original content, features, and functionality are and will remain the exclusive property of Modern ADU Plans. The plans, products, and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Modern ADU Plans.

Purchase and downloading of any PDF plan package grants the purchaser as “Licensee” the right to use such documents to construct a single home. A single purchase of the plans allows for the creation of prints solely for the purpose of construction of a single project. The purchaser acknowledges that all rights of ownership, title, and interest in the copyrights, plans and derivatives remain with Modern ADU Plans. Modified plans are considered derivatives of the original and receive the same copyright protection even if completely redrawn. License for use of the Plans ends with the completion of the house (occupancy). Plans are not transferable to a third party, meaning if the house is not built the Plans may not be sold to somebody else.

Any use of the Plans, or modifications of the Plans, by purchasers, builders or others is done at their own risk. Licensee shall have the Plans reviewed by a local designer, architect or engineer before the start of construction. The information contained within the plans is to indicate design intent and basic construction detailing. It is the builder’s responsibility to provide standard construction details and practices which will result in a structurally sound and weatherproof finished product.

Any use of the information contained herein beyond the one-time use authorized by a purchase of the plans, or any duplication, publication, sale or distribution of any part of these Plans without the prior written consent of Modern ADU Plans represents a violation of Federal Laws subject to the prescribed penalties.

5. The following statement is provided by the House Plan Marketing Association:

HOME PLANS ARE COPYRIGHTED – Just like books, movies and songs, home plans receive protection under the federal copyright laws. The copyright laws prevent anyone, other than the copyright owner, from reproducing, modifying or reusing the plans or designs without written permission of the copyright owner.
DO NOT COPY DESIGNS OR FLOOR PLANS FROM ANY PUBLICATION, ELECTRONIC MEDIA OR EXISTING HOME – It is a common misunderstanding that making changes to or redrawing a plan found in a plan book is permissible. It is not. The right to modify plans is one of the exclusive rights of copyright. It is also illegal to copy or redraw a constructed home that is protected by copyright, even if you have never seen the plans for the home. If you find a plan that you like, you must purchase a set of plans from an authorized source.
DO NOT USE PLANS TO BUILD MORE THAN ONE HOUSE – The original purchaser of a house plan is typically licensed to build a single home from the plans. Building more than one home from the plans without permission is an infringement of the home designer’s copyright and, unless otherwise specified, you should assume that construction sets typically include 5 to 8 (hard copy) sets. The purchase of a multiple set plan package is for the construction of a single home only and the purchase of any additional plan sets do not give you the right to construct more than one home, unless otherwise stated on our site. However, we do offer some plans which include either the PDF or CAD file unlimited use package which does allow for building the plan more than once. Also, some designers may have a re-use fee for their plans; you will need to contact our office for us to determine if one is available for a specific plan and what that dollar amount may be as these vary per designer and plan.
HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE COPIED OR REPRODUCED – Plans, blueprints or blacklines cannot be copied or reproduced without the prior written consent of the copyright owner. If additional sets are required for estimating or construction, please contact the home designer for additional sets at a nominal cost. Copy shops and blueprint are prohibited from making copies of these plans. The pdfs come with a license agreement that will allow for you to make copies locally.
HOUSE PLANS IN THE FORM OF BLUEPRINTS OR BLACKLINES CANNOT BE REDRAWN – Plans cannot be modified or redrawn without first obtaining the copyright owner’s permission. With your purchase of plans, you are licensed to make non-structural changes by “red-lining” the purchased plans. If you need to make structural changes or need to redraw the plans for any reason, you must purchase a reproducible set of plans (see topic 6) which includes a license to modify plans. Blueprints do not come with a license to make structural changes or to redraw the plans. You may not reuse or sell the modified design.
REPRODUCIBLE HOME PLANS – Reproducible plans (for example pdfs, CAD files and vellums) come with a license to make modifications to the plans. Once modified, the plans can be taken to a local copy shop or blue print to make copies of the plans to use in the construction of a single home. Only one home can be constructed from any single purchased set of reproducible plans either in original form or as modified unless otherwise stated on our website.
MODIFIED DESIGNS CANNOT BE REUSED – Even if you are licensed to make modifications to a copyrighted design, the modified design is not free from the original designer’s copyright. The sale or reuse of the modified design is prohibited. Also, be aware that any modification to plans relieves the designer from liability for design defects and voids all warranties expressed or implied.
WHO IS RESPONSIBLE FOR COPYRIGHT INFRINGEMENT? – Any party who participates in a copyright violation may be responsible, including the purchaser, designers, architects, engineers, drafters, homeowners, builders, contractors, sub-contractors, copy shops, blueprint, developers and real estate agencies. It does not matter whether the individual knows that a violation is being committed. You’ve heard it before: Ignorance of the law is not a valid defense! Refuse to be a party to any illicit copying or use of designs, derivative works, prints, design features or homes.
PLEASE RESPECT HOME DESIGN COPYRIGHTS – In the event of any suspected violation of a copyright, or if there is any uncertainty about the plans purchased, the publisher, architect, designer or House Plan Marketing Association should be contacted before proceeding. Awards are sometimes offered for information about home design copyright infringement.
PENALTIES FOR INFRINGEMENT – Penalties for violating a copyright may be very severe. The responsible parties are required to pay actual damages caused by the infringement (which may be substantial), plus any profits made by the infringer commissions to include all profits and from the sale of any home built from an infringing design. The copyright law also allows for the recovery of statutory damages, which may be as high as $150,000 for each infringement. Finally, the infringer may be required to pay legal fees, which often exceed the damages.

6. Indemnification

You agree to defend, indemnify and hold harmless the Suppliers and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Product or Service, by you or any person using the Product or Services purchased by your account, password, or credit card or b) a breach of these Terms and Conditions.

7. Limitation Of Liability

Multipliciti and its Suppliers assume no liability for any home, portion of a home, or other structure which may be built from these plans. The purchaser of these plans is responsible for reading and complying with the full Terms and Conditions upon making a purchase and/or before the start of construction. By purchasing a set of plans the purchaser acknowledges and accepts this limitation fo liability and shall take on full liability for any project that makes use of the plans and/or works with a local licensed professional to execute the project.

In no event shall Multipliciti, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product or Service; (ii) any conduct or content of any third party on the Product or Service; (iii) any content obtained from the Product or Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Disclaimer

The materials, products, and manufacturers referenced on these Plans do not represent an endorsement or recommendation by the Suppliers on Multipliciti. There are there for reference only. The final selections of materials, products, systems, appliances, and other elements are the responsibility of the homeowner and/or builder, including, but not limited to the proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plans, and over which the Supplier has no control or responsibility. Multipliciti and its Suppliers shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.

Your use of the Product or Service is at your sole risk. The Product or Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Product or Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Multiplitici and its subsidiaries, affiliates, employees, members, and its licensors do not warrant that a) the Product or Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Product or Service is free of harmful components; or d) the results of using the Product or Service will meet your requirements.

9. The Builder’s Responsibility

Once you have the the plans approved by your local jurisdiction the project moves into the construction phase and the General Contractor takes over the project. It is the builder’s responsibility to assure that all work is in accordance with all applicable National, State, and Local Building Codes and regulations, all applicable Construction Standards, fire department standards, utility company standards, and best practices. It is the responsibility of the builder to arrange for all tests and inspections as required by the local building department.

It is the responsibility of the builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers and that all materials, equipment and components are new and of good quality. All appliances, fixtures, equipment, materials, hardware, etc. shall be installed in accordance with Manufacturer’s specifications and procedures. Builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.

It is the responsibility of the builder to check all dimensions and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimensions and details. For example, if standard lumber joists are used in place of engineered floor joists the floor-to-floor dimension would vary from the Plans and require revised stair dimensions and framing.

The General Contractor shall verify all dimensions, familiarize themselves with the existing conditions, and bring any discrepancies to the attention of the owner prior to submission of construction proposal and before beginning work. Do not measure off scaled drawings. Refer to the dimensions on the drawings. Verify all dimensions in the field prior to commencing work.

10. Changes to the Product or Services

The plans we sell are generic designs that are not specific to any jurisdiction or local codes, regulations, or laws. Your local codes and regulations could require necessary changes to the plans in order to be approved or may deem the plans do not meet local laws. We are not responsible for any required changes needed to meet local codes, regulations, or laws. We recommend working with a local architect, designer, engineer, or general contractor to make any required changes required to be approved by your local jurisdiction.

11. Alterations to the Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time and for any reason. Continuing to access or use our products or services after any alterations, revisions, or replacement of the Terms and Conditions shall be considered an acceptance and agreement to be bound by the revised Terms and Conditions. If you do not agree to the new terms, you are no longer authorized to use the products or services.

12. Termination

We may terminate or suspend your account and bar access to our products and services immediately, without prior notice, without liability, and under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and Conditions. If you wish to terminate your account, you shall discontinue using the product or service.

All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Return Policy

All purchases are final and we do not offer any refunds or exchanges after a purchase has been made. Before purchasing, be sure that you have selected the plan that best suits your needs and consult with any professionals as needed to confirm the plans will work in your jurisdiction. Each purchaser is solely responsible to conduct due diligence to ensure that the project is possible on your property and meets the requirements of the local jurisdiction and all local rules, regulations, and laws. By purchasing a plan you acknowledge that you have read and understood this return policy and take on full responsibility and liability for the use of the plans.

Multipliciti Privacy Policy
Last Updated: November 1st, 2021

Multipliciti understands you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy practices. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Remember that your use of Multipliciti’s Services is subject to the Terms of Use, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Use.
What does this Privacy Policy cover?
This Privacy Policy applies to www.multipliciti.com, app.multipliciti.com and all other websites, applications, products, services, and other offerings (collectively, the “Services”) owned and operated by Multipliciti Inc. and our affiliates and subsidiaries. This Policy covers our treatment of the personal information we gather through use of our Services.
What Information does Multipliciti Collect?
We collect information about your use of our Services, including purchase history and items that you show interest in. We also gather various types of personal information, as explained in more detail below.
We use this information internally in connection with our Services, including to: personalize, provide, and improve our Services; allow you to set up a user account and profile; contact you and allow other users to contact you; enable fulfillment of requests for certain products and services; and analyze how you use the Services. In certain cases, we may also share some personal information with third parties, but only as described below.
Information You Provide to Us:
We receive and store any information you knowingly provide to us. For example, if you create an account or place an order with us, we may collect personal information such as:
Buyers:
When you register as a Buyer with Multipliciti, we will collect your first and last name, email address, phone number, business address, years you have been in business, and projected project. If you place an order to purchase goods from Suppliers through Multipliciti, we will also collect information to facilitate that order, such as your shipping address, Tax Identification Number, and payment information. In some cases, we may request additional information to validate your business, such as photos of your factory or your Letter of Credit. In some cases, we may request information such as your Social Security number or financial records to establish your account limits. If you register as a Buyer, we will collect (or confirm, if previously provided to Multipliciti) your first and last name, email address, company name, company address, phone number, social media profile information, Tax Identification Number, and your bank account information.
Suppliers (Sellers):
When you register as a Supplier with Multipliciti, we will collect your first and last name, company name, website, company address, phone number, and information about your products such as the primary category of products you provide, the countries you operate in, and your social media profiles. If you are accepted as a Supplier for Multipliciti, we may ask for additional information to build out your profile such as your profile photo, wholesale pricing and order requirements, and years you have been established. When you receive an order through Multipliciti, we will collect information to facilitate that order, such as your Tax Identification Number, tax class, and bank account information so we can pay you.
General Account:
If you create an account in the Site, we will collect your first and last name, email address, phone number.
Communication with Us
We collect personal information from you when you communicate with us, for example when you request information about our services, contact our Support team, apply for a job, or register for our newsletter.
Surveys, Sweepstakes, and Contests
We may ask you to participate in optional surveys, where you may be asked to provide personal information. Additionally, we may conduct sweepstakes or contests where you may be asked to provide personal information. This information may be used to contact you about the sweepstakes or contest, and for other promotional and marketing purposes, as permitted by law. Additionally, note that some jurisdictions require us to publicly share information about sweepstakes and contest winners.
Forums and Social Media
Our Services may provide forums, blogs, social media pages, or other channels where individuals may review purchases, talk about their experience using our Services, or “like” or “share” content to social media. Content provided in these channels is public and not subject to the privacy protections laid out in this Privacy Policy.
Information Collected Automatically
Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. Additionally, we, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies to collect information automatically through our Services. These technologies are small data files that we transfer to your browser or device that allows us to provide and enhance our Services. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of these technologies, but this may prevent you from taking advantage of some of our features.
Analytics
We may use analytics service providers, including Google Analytics, to collect information regarding visitors to our Services, such as their behavior on our Services or information about their demographic.
Do-Not-Track
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. At this time, we do not respond to nor honor Do-Not-Track signals from web browsers.
Information Collected from Third Parties
We may collect information about you through a referral program, such as when a Multipliciti Buyer or Supplier refers one of their existing customers or partners to Multipliciti. If you have been referred to Multipliciti but wish to opt out of emails from us, please contact us as explained below.
How Does Multipliciti Use the Personal Information It Collects?
We use the information we collect about you for various business purposes as described below.
Provide, Personalize, and Improve our Services
Allow you to set up a user account and profile
Fulfill your requests for products and services
Provide customized content, offers, or Services, including marketing content via email, social media, SMS, or other channels
Communicate with you about your account and updates to our Services
Process payments
Provide advertising, analytics, and marketing
Process applications and transactions
Allow you to register for events
Facilitate communications between you and other users
Analyze how you use the Services
Understand interest and engagement on the Services
Engage in marketing or sales outreach
Research and develop Services
Improve and streamline our Services
Other purposes you consent to or are notified of at the time you provide personal information
Protect You and Our Services and Comply with the Law
Detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity
Ensure quality control
Verify your identity and prevent fraud
Debug to identify and repair errors
Enforce our Terms and policies
Audit or other compliance activities
Comply with our legal obligations, protect your vital interest, or as may be required for the public good
De-Identified and Aggregated Information
We may use personal information to create de-identified, aggregated information such as: information about demographics, de-identified location information, information about devices used to access our Services, and de-identified, aggregate information on transactions on our Services that help our users understand and optimize sales.
APIs and SDKs
We may use third-party APIs and software development kits (“SDKs”), which may allow third parties to collect personal information about you for various purposes, such as to conduct analytics, verify your business when you register with Multipliciti as a Buyer or Supplier, provide customized content, or otherwise streamline the Services. For more information about our use of APIs and SDKs, contact us as described below.
Will Multipliciti Share Any of the Personal Information It Receives?
We do not rent nor sell your personal information in personally identifiable form to anyone, except as expressly provided below. We have not sold personal information for valuable consideration in the last 12 months.
Children’s Information
As noted in the Terms of Use, we do not knowingly collect nor solicit personal information from anyone under the age of 18. If you are under 18, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with personal information, please contact us as described below.
Is Personal Information About Me Secure?
You must prevent unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other personal information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
What Are My Privacy Rights and Choices?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
Opting Out of Communications: If you no longer wish to receive communications from us, click the unsubscribe link at the bottom of the email or follow opt-out instructions provided in other communication channels. Note you may still receive transactional emails from us.
Opting Out of Cookies and Advertising: You may stop or restrict the placement of cookies on your device or remove them as your browser or device permits. Visit www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu, www.youradchoices.ca/choices, and www.aboutads.info/choices/ to learn more about the choices available to opt out of cookies and advertising.
Updating Your Account Information: Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
name
email address
location
payment information
The information you can view, update, and delete may change as the Services change.
If you have any questions about viewing or updating information we have on file about you, please contact us as described below.
You may also have privacy rights including:
Access Data: You may have the right to receive a copy of data we have about you.
Request Correction of Data: You may request that we update information we have about you.
Request Deletion of Data: You may request that we delete information we have about you.
Request Restriction of or Object to Processing: You may have the right to opt in or opt out of certain uses of your data.
If you would like to exercise any of these rights, please contact us as described below. We will process your request in the time and manner required by law. To protect your privacy, we may take steps to verify your identity before fulfilling your request.
Data Retention
We store personal information for as long as you use our Services or as may be necessary to fulfill the purposes for which the information was collected, provide our Services, resolve disputes or establish legal defenses, enforce our Terms or other agreements, engage in audits, protect our Services, prevent fraud, comply with the law, or for legitimate business purposes.
Security
We take steps to treat your information securely and make sure it is treated in accordance with this Privacy Policy. No system is 100% secure, and we cannot ensure nor warrant the security of any information you provide us.
Will Multipliciti Change this Privacy Policy?
We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to material changes by placing a notice on the homepage of our website, by sending you an email, and/or by some other means.
By using the Services after any changes to the Privacy Policy have been posted, you agree to the new Privacy Policy.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, please contact us at customer@multipliciti.com.

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