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**MAGCHECK LLC

TERMS OF USE AND TERMS OF SALE**

Effective Date: 1/1/2026
Company: MagCheck LLC
Website: www.magcheck.org
Contact: info@magcheck.org

These Terms of Use and Terms of Sale (“Terms”) govern your access to and use of the MagCheck LLC website, online store, product pages, product documentation, purchase process, customer portal, forms, communications, and related services, collectively referred to as the “Site” or “Services.”

These Terms also apply to purchases of MagCheck products, including the MagCheck electronic aviation monitoring device, associated sensors, wiring, connectors, firmware, software, accessories, documentation, and related components, collectively referred to as the “Product.”

By accessing the Site, purchasing a Product, accepting our End User License Agreement, registering a Product, submitting a warranty claim, or otherwise interacting with MagCheck, you agree to these Terms.

If you do not agree, do not use the Site, purchase the Product, install the Product, or use the Product.

1. Eligibility and User Responsibility

You represent that you are at least 18 years old and legally able to enter into binding agreements.

If you access the Site, purchase the Product, or use the Product on behalf of a company, aircraft owner, operator, flight school, maintenance facility, dealer, distributor, or other entity, you represent that you are authorized to bind that entity to these Terms.

You are responsible for ensuring that all information you provide to MagCheck is accurate, current, and complete.

2. Aviation Product Notice

The Product is aviation-related electronic equipment. Aviation products involve inherent risks, including risks associated with aircraft installation, aircraft electrical systems, maintenance practices, pilot decisions, operational environment, system compatibility, and regulatory compliance.

The Product is provided solely as supplemental, non-required electronic monitoring equipment.

The Product is not a primary flight, engine, ignition, navigation, or safety-of-flight instrument. It does not replace pilot judgment, mechanic judgment, required inspections, required maintenance, required instruments, aircraft manuals, operating limitations, or regulatory compliance.

The pilot in command remains solely responsible for determining aircraft airworthiness and for safe aircraft operation at all times.

3. No FAA Approval or Installation Authorization Unless Expressly Stated

Nothing on the Site, in product documentation, in marketing materials, in customer communications, or in these Terms shall be construed as:

  • FAA approval;

  • FAA certification;

  • PMA approval;

  • TSO authorization;

  • STC approval;

  • NORSEE authorization;

  • Field approval;

  • Installation approval;

  • A determination of eligibility for installation on any specific aircraft;

  • Authorization to deviate from Federal Aviation Regulations, aircraft manuals, approved data, accepted data, maintenance requirements, or aircraft operating limitations.

If MagCheck obtains any specific FAA authorization or approval for a Product, that authorization will be stated separately in writing and will be limited to its express scope.

The purchaser, aircraft owner, installer, mechanic, pilot, and operator are solely responsible for determining whether the Product may lawfully be installed and used on a particular aircraft.

4. Website Information Is Not Aviation Advice

Information on the Site is provided for general informational and commercial purposes only.

MagCheck does not provide legal advice, aviation maintenance advice, engineering approval, installation approval, airworthiness determinations, pilot training, or regulatory compliance advice through the Site.

You should consult appropriate qualified professionals, including FAA-certificated mechanics, avionics technicians, inspectors, aviation counsel, and applicable regulatory authorities, before installing or using the Product.

5. Product Descriptions and Availability

MagCheck attempts to provide accurate Product descriptions, pricing, specifications, images, availability information, and documentation. However, MagCheck does not warrant that all Site content is accurate, complete, current, error-free, or uninterrupted.

MagCheck reserves the right to:

  • Correct errors, inaccuracies, or omissions;

  • Change Product specifications;

  • Modify Product documentation;

  • Update pricing;

  • Limit quantities;

  • Discontinue Products;

  • Refuse or cancel orders;

  • Change estimated shipping times;

  • Modify the Site or Services at any time.

Product images may vary from final delivered products.

6. Orders, Acceptance, and Payment

Submitting an order does not guarantee acceptance of the order. MagCheck may accept or reject any order at its sole discretion.

An order is accepted only when MagCheck confirms acceptance, processes payment, or ships the Product.

You agree to pay all charges associated with your order, including Product price, shipping, handling, taxes, and any other applicable fees.

Payment processing may be handled by third-party payment processors or ecommerce platforms. MagCheck does not intentionally store full payment card numbers or payment security codes.

7. Taxes, Shipping, Delivery, and Risk of Loss

You are responsible for all applicable taxes, duties, fees, and charges associated with your purchase.

Shipping dates and delivery estimates are estimates only and are not guaranteed unless expressly stated in writing.

Risk of loss passes to the purchaser upon delivery of the Product to the shipping carrier, unless otherwise required by applicable law or expressly agreed in writing by MagCheck.

You are responsible for inspecting shipments upon receipt and promptly notifying MagCheck of shipping damage, missing items, or delivery issues.

8. Returns, Cancellations, and Refunds

Returns, cancellations, and refunds are governed by MagCheck’s posted return policy, if any, and any written terms provided at the time of purchase.

MagCheck may refuse returns of Products that have been installed, attempted to be installed, altered, damaged, used, modified, or returned without prior written authorization.

Shipping, handling, installation, removal, reinstallation, inspection, troubleshooting, and labor costs are not refundable unless expressly required by applicable law or agreed in writing by MagCheck.

9. Required Acceptance Before Purchase or Use

MagCheck may require you to accept certain legal terms before purchase, registration, download, installation, activation, support, or warranty service, including:

  • These Terms;

  • MagCheck’s Limited Product Warranty;

  • MagCheck’s End User License Agreement;

  • MagCheck’s Privacy Policy;

  • Installation disclaimers;

  • Product registration terms;

  • Safety notices or acknowledgments.

MagCheck may require click-through acceptance, scroll-to-end acknowledgment, checkbox confirmation, timestamped acceptance logging, and other acceptance records before allowing purchase, download, activation, or use.

You agree that electronic acceptance records, including timestamps, IP address if collected, user agent, email address, order number, Product serial number, and EULA version, may be used to prove acceptance.

10. Product Warranty

The Product is subject only to MagCheck’s written Limited Product Warranty, which is incorporated into these Terms by reference.

The Limited Product Warranty is limited to one year from the original date of purchase for manufacturer’s defects in materials and workmanship only.

Except as expressly provided in the Limited Product Warranty, the Product is provided “as is” and “as available” to the maximum extent permitted by applicable law.

You should review the full Limited Product Warranty before purchasing. Online warranty terms should be made available before sale in a clear and accessible manner, and written warranties should use clear, conspicuous terms.

11. Installation Responsibility

MagCheck does not install the Product, supervise installation, inspect installation, approve installation workmanship, or certify any installer, mechanic, technician, maintenance facility, owner, operator, or pilot.

Installation, attempted installation, removal, reinstallation, inspection, maintenance, troubleshooting, and continued aircraft operation after installation are performed entirely at the risk of the purchaser, installer, aircraft owner, pilot, and operator.

You are solely responsible for:

  • Determining whether the Product is appropriate for the aircraft and intended use;

  • Determining whether installation and use are lawful for the specific aircraft;

  • Verifying compatibility with aircraft systems;

  • Ensuring proper installation by a qualified person;

  • Maintaining aircraft airworthiness;

  • Complying with FAA regulations, aircraft maintenance requirements, aircraft manuals, approved data, accepted data, operating limitations, and applicable laws;

  • Operating the aircraft safely and lawfully.

12. No Reliance on Product Alerts or Data

The Product provides supplemental informational output only.

MagCheck makes no representation or warranty that any alert, indication, signal, warning, notification, or data output will be accurate, complete, timely, uninterrupted, predictive, or error-free.

The Product may fail to detect a condition, may generate an inaccurate indication, may generate no indication, may generate a delayed indication, or may generate an indication that is misunderstood, ignored, delayed, or misinterpreted.

You agree not to rely on the Product as a substitute for inspections, maintenance, troubleshooting, pilot judgment, mechanic judgment, required instruments, or regulatory compliance.

13. Prohibited Uses

You may not use the Site, Services, Product, documentation, software, firmware, or MagCheck materials to:

  • Violate any law or regulation;

  • Interfere with Site security or functionality;

  • Attempt unauthorized access to MagCheck systems;

  • Reverse engineer, decompile, disassemble, copy, modify, or create derivative works from Product software or firmware except as permitted by law;

  • Remove proprietary notices;

  • Misrepresent Product approval, eligibility, certification, capabilities, or installation authorization;

  • Resell the Product in violation of dealer or distributor terms;

  • Use MagCheck names, trademarks, logos, images, or materials without permission;

  • Submit false warranty, registration, installation, support, or legal acceptance information;

  • Use the Product in any unlawful, unsafe, or unauthorized manner.

14. Intellectual Property

The Site, Product, Product design, documentation, text, images, graphics, logos, software, firmware, trade names, trademarks, trade dress, and other materials are owned by MagCheck or its licensors and are protected by intellectual property laws.

No ownership rights are transferred by your access to the Site or purchase of the Product.

You are granted only a limited, revocable, non-exclusive, non-transferable right to access and use the Site and Product documentation for personal or internal business purposes related to evaluating, purchasing, installing, registering, supporting, or using the Product.

15. Software and Firmware

Any Product software or firmware is licensed, not sold.

You may use Product software or firmware only as embedded in or provided for use with the Product and only in accordance with these Terms and any applicable End User License Agreement.

MagCheck may provide updates, patches, or revisions but is not obligated to do so unless expressly stated in writing.

You may not copy, modify, distribute, sublicense, reverse engineer, decompile, disassemble, or attempt to derive source code from Product software or firmware except to the extent such restriction is prohibited by applicable law.

16. Privacy

MagCheck’s collection, use, storage, and disclosure of personal information are governed by MagCheck’s Privacy Policy, which is incorporated into these Terms by reference.

By using the Site, purchasing a Product, registering a Product, submitting a warranty claim, or accepting legal terms, you agree to MagCheck’s Privacy Policy.

17. Third-Party Services

The Site or purchase process may rely on third-party services, including website hosting, payment processing, ecommerce platforms, shipping providers, analytics tools, email services, and support tools.

MagCheck is not responsible for third-party websites, platforms, policies, security, availability, errors, delays, or acts or omissions.

Your use of third-party services may be subject to their separate terms and privacy policies.

18. Assumption of Risk

To the maximum extent permitted by law, by purchasing, installing, using, or permitting installation or use of the Product, you knowingly and voluntarily assume all risks associated with the Product, including risks arising from:

  • Installation errors or omissions;

  • Product malfunction or non-function;

  • Incorrect, delayed, absent, incomplete, or misleading alerts;

  • Aircraft system incompatibility;

  • Damage to aircraft systems;

  • Continued aircraft operation with or without Product indications;

  • Operational decisions made before, during, or after Product use.

19. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless MagCheck LLC, its members, managers, officers, employees, contractors, agents, representatives, dealers, distributors, insurers, successors, and assigns from and against any and all third-party claims, demands, causes of action, damages, losses, liabilities, judgments, settlements, costs, and expenses, including attorneys’ fees and expert witness fees, arising from or related to:

  • Your use of the Site;

  • Your purchase, installation, attempted installation, use, misuse, non-use, removal, reinstallation, inspection, maintenance, troubleshooting, or modification of the Product;

  • Aircraft operation before, during, or after Product installation;

  • Reliance upon, failure to rely upon, interpretation of, or response to Product alerts, data, warnings, or indications;

  • Aircraft system incompatibility, aircraft maintenance condition, pilot action or inaction, mechanic action or inaction, owner/operator decisions, or third-party conduct;

  • Violation of these Terms, the EULA, Warranty, Privacy Policy, or applicable law;

  • Alleged Product failure, malfunction, defect, warning defect, design defect, manufacturing defect, negligence, strict liability, breach of warranty, or failure to warn, to the extent such claim arises from or is contributed to by installation, aircraft systems, maintenance, operation, misuse, unauthorized modification, or third-party conduct.

This obligation survives termination of these Terms and discontinuation of Product use.

20. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED PRODUCT WARRANTY PROVIDED SEPARATELY BY MAGCHECK, THE SITE, SERVICES, PRODUCT INFORMATION, DOCUMENTATION, SOFTWARE, FIRMWARE, AND PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

MAGCHECK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY;

  • IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE;

  • IMPLIED WARRANTIES OF NON-INFRINGEMENT;

  • WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;

  • WARRANTIES THAT THE SITE, PRODUCT, SERVICES, DATA, ALERTS, OR DOCUMENTATION WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR RELIABLE.

Some jurisdictions do not allow limitations on implied warranties, so some limitations may not apply to every purchaser.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGCHECK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED, OR ECONOMIC DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of aircraft;

  • Loss of use;

  • Aircraft downtime;

  • Loss of income;

  • Loss of profits;

  • Business interruption;

  • Loss of data;

  • Inspection costs;

  • Maintenance costs;

  • Removal or reinstallation costs;

  • Substitute equipment costs;

  • Shipping delays;

  • Hangar, storage, transportation, ferry, or travel costs;

  • Damage to other aircraft systems or components.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAGCHECK’S TOTAL AGGREGATE LIABILITY, WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY OF LAW, SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE ACTUALLY PAID TO MAGCHECK FOR THE PRODUCT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability to the extent such exclusion or limitation is prohibited by applicable law.

22. Force Majeure

MagCheck shall not be liable for delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, transportation delays, government actions, regulatory delays, power outages, internet failures, cyber incidents, manufacturer delays, material shortages, or other events outside MagCheck’s reasonable control.

23. Changes to Site, Product, Documentation, or Terms

MagCheck may update the Site, Product information, documentation, policies, EULA, Warranty, Privacy Policy, and these Terms from time to time.

Changes are effective when posted unless a later effective date is stated.

Continued use of the Site, purchase of Product, Product registration, support request, or use of Product after changes are posted constitutes acceptance of the updated terms.

For material changes to terms accepted through checkout or EULA, MagCheck may require renewed electronic acceptance.

24. Account Security

If you create an account, customer profile, dealer profile, or product registration account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

You agree to notify MagCheck promptly of unauthorized access or suspected compromise.

25. Electronic Communications and Records

You consent to receive communications from MagCheck electronically, including emails, website notices, purchase confirmations, warranty communications, legal notices, Product updates, safety notices, and acceptance records.

You agree that electronic records, electronic signatures, click-through acceptance, checkbox acceptance, and timestamped acceptance logs satisfy any legal requirement that communications or agreements be in writing, to the extent permitted by applicable law.

26. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to conflict-of-law principles.

Any dispute, claim, or legal action arising from or related to the Site, Product, purchase, installation, use, alleged failure of the Product, these Terms, EULA, Warranty, Privacy Policy, or communications concerning the Product shall be brought exclusively in a court of competent jurisdiction located in [Insert County and State], unless prohibited by applicable law.

27. Severability

If any provision of these Terms is found invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

Any invalid, unlawful, or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intended effect as closely as possible.

28. No Waiver

MagCheck’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

Any waiver must be in writing and signed by an authorized representative of MagCheck.

29. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without MagCheck’s prior written consent.

MagCheck may assign or transfer these Terms, in whole or in part, in connection with a merger, acquisition, sale of assets, financing, reorganization, corporate transaction, or by operation of law.

30. Entire Agreement

These Terms, together with MagCheck’s Limited Product Warranty, End User License Agreement, Privacy Policy, return policy, checkout acknowledgments, product documentation, and any written terms provided at purchase, constitute the entire agreement between you and MagCheck regarding the Site, Services, and Product.

If there is a conflict between these Terms and the EULA or Limited Product Warranty regarding Product use, warranty scope, installation responsibility, or liability limitations, the more specific and more protective provision for MagCheck shall apply to the maximum extent permitted by law.

31. Contact Information

Questions about these Terms may be directed to:

MagCheck LLC

info@magcheck.org

www.magcheck.org

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