Marcus is CEO of Marc-Tech, a high-tech startup company that develops software out of New York. He designed a website to gain name recognition for his company and promote sales. While customers cannot purchase Marc-Tech's products directly over the internet, the website does allow customers to interact by exchanging information, such as their personal contact data and the contact information of Marc-Tech's regional sales managers, which a customer can email to order products. Under these circumstances, under the Zippo sliding-scale test, what will a court do to determine whether a customer from California whose network was allegedly crashed by Marc-Tech software may sue Marc-Tech in their home state of California?

Multiple Choice

• Ask if it was reasonably foreseeable that Marc-Tech's actions could have an injurious effect on the customer in California.
• Apply a totality test.
• Rule that Marc-Tech may be sued in California, as a company may always be sued in the home state of a customer if the product may be purchased online.
• Consider the nature and level of the information exchange to determine if minimum contacts with the customer forum were established.