TERMS OF USE.

Welcome to the MAGNIFICENTMACHINE.COM website.  By using and/or visiting this website (collectively, including all content available through the magnificentmachine.com domain name, the "Company's Website" or "Website"), you signify your assent to both these terms and conditions (the "Agreement") and the terms and conditions of the Company's privacy policy (the "Privacy Policy"), which are incorporated herein by reference.  If you do not agree to any of these terms, then please do not use the Company's Website or place any orders with the Company.  The Website is provided by Magnificent Machine, LLC, a Washington limited liability company (the "Company").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING/USING THE COMPANY'S WEBSITE OR ORDERING ANY PRODUCTS/PARTS FROM THE COMPANY.  By accessing/using the Website or ordering products/parts from the Company, you agree to be bound by the terms and conditions set forth in this Agreement, including users who are contributors of content, information, and other materials or services on the Website.  If you do not wish to be bound by this Agreement, you may not use the Website, access the Company's Website, or order any products from the Company.  If you access or utilize the Company's Website in a manner inconsistent with this Agreement, the Company may terminate your access, block your future access, and/or seek such additional relief as we deem appropriate in light of your misuse.  The Company reserves the right to modify this Agreement at any time, and such modifications shall be effective immediately upon the posting of the modified Agreement to the Company's Website.  You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Company's Website shall be deemed your conclusive acceptance of the Agreement as may be modified from time to time.

The Website may contain links to third party websites that are not owned or controlled by the Company.  The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  Furthermore, the Company will not and cannot censor or edit the content of any third-party site.  By using the Website, you expressly relieve the Company from any and all liability arising from your use of any third-party website linked from the Company's Website.  Accordingly, we encourage you to be aware when you leave the Company's Website and to read the terms and conditions and privacy policy of each other website that you visit.

Privacy Policy.

The Company's Privacy Policy explains the practices that apply to your information when you use the Company's Website.  Your ongoing use of the Company's Website signifies your consent to the information practices disclosed in our Privacy Policy.  You can review the Privacy Policy by clicking on the "Privacy Policy" link located on the Company's Website.

Your Responsibilities and Representations.

The content of the Company's Website are copyrighted under the United States copyright laws, and the owner of the copyrights is the Company.  It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.  All present and future rights in and to service marks, trademarks, trade secrets, patents, copyrights, know-how, and other proprietary rights of any kind under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Company's Website (the "Company's Intellectual Property Rights") shall, as between the Company and you, remain the sole and exclusive property of the Company.  All present and future right, title, and interest in and to the Company's Website are reserved to the Company.  Except as otherwise permitted under this Agreement, you shall not use the Company's Intellectual Property Rights or the Company's Website for any other purpose without the Company's prior written consent, or for any illegal purpose or in any manner inconsistent with this Agreement.  You agree to: (a) use the Website as permitted solely for your personal, noncommercial use except as may otherwise be expressly allowed by the Company; (b) not use, transfer, distribute, and dispose of any information contained in the Company's Website in any manner in competition with the Company; (c) protect the proprietary rights of the Company and all others having rights in the site during and after the term of this Agreement and to comply with all reasonable written requests made by the Company to protect the Company's contractual, statutory, and common law rights in the Company's Website; and (d) notify the Company in writing promptly upon becoming aware of any unauthorized access or use of the Company's Website by any party.  You acknowledge that the Company's Website has been developed through the expenditure of substantial time, effort, and resources by the Company, and that the Company's Website constitutes valuable intellectual property of the Company, and that your access to the Company's Website is sufficient consideration for your obligations and promises under this Agreement.  You further acknowledge that you are of an age at least eighteen (18) years or older.

By submitting information to the Company, you grant the Company a limited, royalty-free, and non-exclusive license to use, adapt, transmit, transfer, store, copy, and display the information solely in connection with our providing the Website, products, or services to you.  You represent and warrant to us that you have all right, title, and interest in such information for all purposes related to the Website, and that the information does not violate or infringe upon the rights (including privacy, moral, and publicity rights) of others.  You agree to indemnify and hold the Company (and our agents and fulfillment services) harmless from and against any and all losses, damages, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of your breach of the foregoing representation and warranty, or arising out of any claim by a third party that the information (or the use thereof) constitutes an infringement or violation of a third party's intellectual property or other rights.  The Company also reserves the right to decide whether content or a user submission to the Company's Website is appropriate and complies with this Agreement.  The Company may remove such user's submissions and/or terminate a party's access for uploading material in violation of this Agreement at any time, without prior notice and at the Company's sole discretion.

You may not submit to the Company any information that is libelous, defamatory, obscene, pornographic, profane, unlawful, or offensive.  The Company reserves the right at all times to review your information and to disclose the information to law enforcement authorities.  The Company also reserves the right to reject such information and to refuse the rendering of any service involving such information that is objectionable in the Company's sole discretion.

You represent and warrant to the Company that the information you submit to the Company will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.  The Company reserves the right to prosecute such offenses to the fullest extent of the law, and to disclose such offenses to government authorities.

LICENSE.

You acquire absolutely no rights or licenses in or to the Company's Website or the materials contained within the Company's Website other than the limited right to utilize the Website in accordance with this Agreement.

LIMITATIONS ON LIABILITY.

The Company is not responsible for returning any information submitted to the Company by you, or for any damage to your computer system or loss of data that may result in the download or upload of any material from or to the Company's Website.  In no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of Website content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored thereon; (iv) any interruption or cessation of transmission to or from the Company's Website or servers; or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Company's Website, whether based on warranty, contract, tort, or any other legal theory or basis. The foregoing limitations on liability shall apply to the fullest extent permitted by law.

You further agree to indemnify, defend, and hold the Company harmless, its officers, directors, employees, agents, licensors, suppliers, members, managers, and any third party providers to the Website or the Company from and against all losses, expenses, damages, and costs, including without limitation reasonable attorneys' fees, resulting from: (i) any violation or breach of this Agreement by you; (ii) any representation or warranty by you; and (iii) use of the goods, products, or services provided by the Company to you.  Your obligations to indemnify, defend, and hold the Company harmless in accordance with this Agreement shall survive any termination or expiration of this Agreement.

Legal Disclaimer.

The Company's Website, any site links, and all other documentation and products are provided by the Company "AS-IS."  The Company makes no promises, warranties, or representations of any kind, and the Company specifically disclaims all warranties and conditions, express, implied, statutory, or otherwise with respect to the subject matter hereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  The Company makes no representation or warranty that the operation of the Company's Website will be uninterrupted or error free or that the Company's Website will always be available.

While the Company helps TO address the needs of recreational aircraft hobbyists in making available aircraft parts for experimental purposes, the parts have not been approved by the FAA or otherwise for aircraft use.  The Company sells experimental (i.e. non-PMA'd) aircraft parts, which are provided "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT OR REPRESENT THAT ANY PARTS, PRODUCTS, OR SERVICES PROVIDED BY THE COMPANY WILL: BE airworthy, BE FUNCTIONAL, FREE OF DEFECTS, THAT ANY DEFECTS WILL BE CORRECTED, qualify for certification by aviation authorities, OR THAT ANY INSTRUCTIONS OR SPECIFICATIONS THEREFOR WILL BE ACCURATE.  ACCORDINGLY, BY ordering or PURCHASING PARTS, PRODUCTS, OR SERVICES FROM THE COMPANY YOU AGREE THAT THE COMPANY (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, MEMBERS, AND AFFILIATES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND OR DEATH.

FORCE MAJEURE CONDITION.

The Company shall not be held responsible for any delay or failure in the performance of any part of this Agreement or the delivery of products/parts to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, act of God, or other similar causes beyond its control (a "Force Majeure Condition").  If any Force Majeure Condition occurs, the Company may elect to suspend this Agreement or performance for the duration of the Force Majeure Condition and, once the Force Majeure Condition ceases, resume performance under this Agreement.  

COMPONENT PART LEAD TIMES.

The Company uses just-in-time manufacturing from a wide variety of suppliers to help keep costs down and maintain quality.  If particular products/parts have an unexpectedly strong demand, they may be out of stock for an extended period.  Many component assemblies (Heads, Dual Ignition Distributors, Oil Accessory Cases, etc.) are also built-to-order so in the event one component part is missing, the entire assembly must be back-ordered.  The Company recommends that in an effort to avoid delays, order items well in advance of when they will be needed.  Current lead times for specific items can be obtained from the Company by phone, fax, or email.

Part Returns or Exchanges.

The Company values each and every customer.  If there is a problem with any part or service provided by the Company, please contact us immediately.  Claims for defective or missing parts must be made within thirty (30) days from the date of shipment by the Company.  Accordingly, inspect your shipment immediately upon receipt.  All product/part returns must be pre-authorized in writing by the Company before they are returned for repair, replacement, exchange, or refund, all of which will be done at the Company's sole and absolute discretion.  Returns can best be accomplished by sending an email to: tech@magnificentmachine.com with an explanation of the issue(s) and detailed images where appropriate.  If an issue is found, the Company will issue a Return Material Authorization number ("RMA") with instructions for returning the part or assembly for repair, replacement, exchange, or refund.  All returns are subject to a restocking charge of twenty percent (20%).  Any part returned without an RMA will be rejected by the Company and only returned to the sender upon prepayment to the Company of the applicable shipping charges and insurance.  All repair or replacement parts shipped to the Company shall be by standard ground shipping and shipped at the sender's expense.

CANCELLATION POLICY.

Orders placed with the Company may be canceled within fifteen (15) days following the date of order without the Company's advance approval, provided, however, a ten percent (10%) cancellation charge will be assessed if the order has not yet shipped, or a twenty percent (20%) cancellation charge if the goods were shipped and timely returned to the Company.  Any delivered order not picked-up or accepted by the buyer for more than thirty (30) days shall automatically be deemed to be forfeited to the Company along with any deposits and payments associated therewith.  Any orders subject to incorrect shipping address information/instructions, insufficient payment, or any other delays caused by the purchaser will be canceled automatically and any deposits therefor will be forfeited to the Company.

SHIPPING.

Unless specified otherwise, all of the Company's prices are F.O.B Poulsbo, WA and subject to change without advance notice.  Delivery to the shipper shall constitute the delivery to the purchaser, and thereafter, the Company will have no responsibility for the goods in transit.  A Bill of Lading (or Way-Bill) is sufficient evidence of the date of shipment.  Claims for damage in transit shall be made to the carrier and not to the Company.  If any shipment appears to be damaged in transit, it should be opened and inspected before the acceptance thereof from the carrier, and a statement of damage made immediately to the carrier.  Insurance of goods in transit is the option and responsibility of the purchaser.

Jurisdiction and Venue.

Any legal action brought against the Company shall be governed by the laws of the State of Washington without regard to conflicts of laws principles.  The sole jurisdiction and venue for any litigation arising out of this Agreement or any transactions with the Company shall be an appropriate federal or state court located within King County, Washington.  Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.  Otherwise, the claim or cause of action is barred.  The Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.  If a court should find that one or more rights or provisions set forth in this Agreement is invalid, you agree that the remainder of this Agreement remains enforceable to the fullest extent permitted by law.  The Company may assign its rights and duties under this Agreement to any party at any time without notice to you.  Unless otherwise specified, the materials and/or the Website are directed solely at persons who access this site from the United States of America.  We do not represent that the materials on the Website are appropriate or available for use in other locations, and accessing this site from certain locations outside the United States may be illegal or prohibited.  If you access this site from a location other than the United States, you do so at your own initiative and we are not responsible for your compliance with any applicable local laws.  You may not access or use this site if it is prohibited by any such local laws.