Agreement to Terms
These Terms and Conditions (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Mach Five Motors, LLC, a limited liability company organized and existing under the laws of the Commonwealth of Massachusetts ("Mach Five Motors," "we," "us," or "our"), governing your access to and use of the website located at machfivelabs.com and all associated subdomains, pages, content, features, and functionality (collectively, the "Site").
By accessing or using the Site in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Site.
If you are accessing the Site on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" include both you individually and that entity.
Please read these Terms carefully. They contain important information about your legal rights, including limitations on our liability, a mandatory arbitration clause, and a class action waiver. If you have any questions, contact us before using the Site.
Use of the Site
Permitted Use
Subject to your compliance with these Terms, Mach Five Motors grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal and internal business purposes — specifically, to learn about our company, products, and services, and to initiate contact with us regarding potential engagements.
Prohibited Conduct
You agree not to, and will not permit others to:
- Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content without express written permission from Mach Five Motors.
- Attempt to probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measure.
- Use any automated means — including bots, scrapers, spiders, crawlers, or similar tools — to access, collect, or index content from the Site without our prior written consent.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to the Site.
- Attempt to gain unauthorized access to any portion of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other user's use of the Site.
- Collect or harvest any personally identifiable information from the Site, including account names, without authorization.
- Impersonate or attempt to impersonate Mach Five Motors, any of its employees, another user, or any other person or entity.
- Use the Site to send unsolicited communications (spam), chain letters, or other unauthorized communications.
We reserve the right to terminate or restrict your access to the Site, without notice or liability, if we believe in our sole discretion that you have violated any provision of these Terms.
Age Requirement
The Site is intended for users who are at least 16 years of age. By using the Site, you represent and warrant that you meet this requirement. We do not knowingly collect information from or direct the Site toward children under the age of 16.
Intellectual Property
Ownership
The Site and all of its content, features, and functionality — including but not limited to all text, graphics, photographs, images, logos, design elements, audio, video, data compilations, page layouts, code, software, and trade dress — are owned by Mach Five Motors, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Mach Five Labs name, logo, and all related product and service names, design marks, and slogans are trademarks of Mach Five Motors, LLC or its affiliates. You may not use such marks without the prior written permission of Mach Five Motors. All other names, logos, product and service names, designs, and slogans appearing on this Site are the trademarks of their respective owners.
Limited License
Nothing in these Terms grants you any ownership interest in any content on the Site. You may print or download a single copy of portions of the Site solely for your own personal, non-commercial use, provided you do not modify the materials, remove any copyright or proprietary notices, or use any images, graphics, video, audio, or text separately from the accompanying text. No other use is permitted without prior written authorization from Mach Five Motors.
Technical Data & ITAR Notice
Certain content on this Site may constitute or reference technical data subject to the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120–130, or the Export Administration Regulations (EAR), 15 C.F.R. Parts 730–774. Such content is made available for informational purposes only and does not constitute a license to export, re-export, or transfer controlled technical data. Any person seeking access to controlled technical data must comply with all applicable export-control laws and regulations. See Section 07 for additional information.
User Submissions
When you submit information through the Site — including contact forms, RFQ requests, newsletter sign-ups, or any other communication — you grant Mach Five Motors a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display that information for the purpose of responding to your inquiry and conducting our business operations. This license does not cover personal information, which is governed by our Privacy Policy.
You represent and warrant that: (a) you own or have the necessary rights to submit any information you provide; (b) the submission does not violate the intellectual property rights, privacy rights, or any other rights of any third party; and (c) the submission does not contain any material that is false, misleading, defamatory, obscene, or otherwise unlawful.
Mach Five Motors is not obligated to review, post, or retain any submission, and we reserve the right to discard or decline any submission in our sole discretion.
Products & Services
Informational Purpose
All product descriptions, specifications, performance data, material properties, lead times, pricing indications, and availability information displayed on the Site are provided for informational purposes only and do not constitute a binding offer, warranty, or guarantee. Actual specifications, pricing, and availability are confirmed only through a separately executed written agreement or purchase order.
Accuracy of Information
We make reasonable efforts to keep product and service information current and accurate. However, we do not warrant that such information is complete, reliable, current, or error-free. Specifications are subject to change without notice as part of our continuous engineering improvement process. We are not responsible for decisions made based on outdated or inaccurate information published on the Site.
Prototype & Custom Programs
References to prototype development, rapid-response manufacturing, or custom engineering programs on this Site describe capabilities and general program structures. Engagement in any such program is subject to a separately negotiated statement of work, non-disclosure agreement, and applicable purchase terms. Nothing on this Site creates an obligation to accept any project or to perform services on any particular timeline or at any particular price.
Orders & Commercial Terms
These Terms govern your use of the Site only. They do not govern the purchase, manufacture, or delivery of products or services by Mach Five Motors. All commercial transactions — including purchase orders, statements of work, quality agreements, non-disclosure agreements, and delivery terms — are governed exclusively by the written agreement executed between Mach Five Motors and the relevant customer or partner.
In the event of any conflict between these Terms and a separately executed commercial agreement, the commercial agreement will control with respect to the subject matter of that agreement.
Submission of a Request for Quotation (RFQ) through the Site does not create a binding contract and does not obligate Mach Five Motors to provide a quotation, accept an order, or perform any services. A binding contract is formed only upon execution of a written purchase order or agreement by an authorized representative of Mach Five Motors.
Export Controls & Compliance
Mach Five Motors operates in industries subject to extensive U.S. and international export-control, sanctions, and trade-compliance regulations. Your use of the Site and any interaction with Mach Five Motors is subject to these laws, including but not limited to:
- ITAR — International Traffic in Arms Regulations, administered by the U.S. Department of State, Directorate of Defense Trade Controls (DDTC).
- EAR — Export Administration Regulations, administered by the U.S. Department of Commerce, Bureau of Industry and Security (BIS).
- OFAC Sanctions — regulations administered by the U.S. Department of the Treasury, Office of Foreign Assets Control.
- DFARS / FAR — Defense Federal Acquisition Regulation Supplement and Federal Acquisition Regulation, as applicable to defense-related programs.
By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. government embargo, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree not to access, transfer, or use any content, technical data, or services provided through the Site in violation of applicable export-control laws.
Violations of export-control laws are serious criminal and civil offenses. If you are uncertain about compliance obligations applicable to your specific situation, consult qualified legal counsel before engaging with any controlled content on this Site.
Disclaimers
THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, Mach Five Motors expressly disclaims all warranties, express, implied, statutory, or otherwise, including but not limited to:
- Any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.
- Any warranty that the Site will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components.
- Any warranty as to the accuracy, reliability, completeness, or currency of any information, content, or materials on the Site.
- Any warranty that defects will be corrected or that the Site or its server are free of viruses or other harmful elements.
- Any warranty regarding the results that may be obtained from use of the Site.
No advice or information — whether oral or written — obtained by you from Mach Five Motors or through the Site shall create any warranty not expressly stated in these Terms.
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above disclaimers apply to the maximum extent permitted by applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MACH FIVE MOTORS, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND — including but not limited to loss of revenue, loss of profits, loss of business, loss of data, loss of goodwill, or cost of substitute goods or services — arising out of or in connection with:
- Your access to or use of (or inability to access or use) the Site or any content thereon.
- Any conduct or content of any third party on or through the Site.
- Any unauthorized access to or use of our servers or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Site.
- Any bugs, viruses, Trojan horses, or similar harmful code that may be transmitted through the Site by any third party.
- Any errors or omissions in any content or materials, or any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site.
These limitations apply regardless of the theory of liability — whether based in contract, tort, negligence, strict liability, or any other legal theory — and regardless of whether Mach Five Motors has been advised of the possibility of such damages.
To the extent that Mach Five Motors's liability cannot be excluded under applicable law, our total aggregate liability to you for any claims arising from or related to your use of the Site shall not exceed one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, these limitations apply to the maximum extent permitted by applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Mach Five Motors and its members, managers, officers, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your access to or use of the Site.
- Your violation of any provision of these Terms.
- Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or right of publicity.
- Any content or information you submit through the Site.
- Your violation of any applicable law, rule, or regulation.
- Any claim that your submission caused damage to a third party.
Mach Five Motors reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. This obligation survives these Terms and your use of the Site.
Third-Party Links & Services
The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Mach Five Motors. These links are provided solely for convenience and informational purposes. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party sites.
Our inclusion of a link to a third-party website does not constitute or imply our endorsement, recommendation, or approval of that website or its operator. You access and use linked third-party sites entirely at your own risk and subject to those sites' terms and conditions.
The Site may incorporate third-party services — including web fonts, analytics platforms, and content delivery networks — that operate under their own privacy policies and terms. By using the Site, you acknowledge that such services may collect data about your interaction with the Site as described in our Privacy Policy.
Confidentiality
Any technical, commercial, or business information that Mach Five Motors shares with you through the Site or in connection with an inquiry — whether designated as confidential or not — should be treated as proprietary and confidential. You agree not to disclose such information to any third party without our prior written consent.
Conversely, information you submit through the Site may be received and stored by Mach Five Motors as described in our Privacy Policy. If you require a formal mutual non-disclosure agreement prior to sharing sensitive technical or business information, please request one before submitting any such information through the Site. Unsolicited confidential disclosures made without a signed NDA in place are made entirely at your own risk.
Mach Five Motors operates in defense and aerospace markets where information security is paramount. We take the protection of confidential information seriously and maintain internal policies consistent with our quality certifications and applicable government contracting obligations.
Dispute Resolution
Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact Mach Five Motors at crew@machfivemotors.com and provide a written description of the dispute, the relief sought, and your contact information. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days of receipt of your notice. If the dispute is not resolved within that period, either party may proceed to arbitration as described below.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Site that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. The arbitration shall be conducted in Worcester, Massachusetts, unless otherwise mutually agreed. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You may opt out of this arbitration provision by sending written notice to Mach Five Motors within thirty (30) days of first accepting these Terms. Your opt-out notice must be sent to crew@machfivemotors.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other provision of these Terms.
Class Action Waiver
You and Mach Five Motors agree that any claims will be brought only in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. No arbitration or proceeding may be consolidated with another without the prior written consent of all parties.
Exceptions
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or trade secrets.
Governing Law
These Terms and any dispute arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law provisions.
To the extent that any matter is not subject to arbitration under Section 13, you and Mach Five Motors each consent to the exclusive personal jurisdiction of the state and federal courts located in Worcester County, Massachusetts, for the resolution of any such dispute, and waive any objection to the laying of venue in such courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Modifications
Mach Five Motors reserves the right to modify these Terms at any time and in our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page. Changes are effective immediately upon posting unless otherwise stated.
Your continued use of the Site following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Site.
We also reserve the right to modify, suspend, or discontinue the Site (or any portion thereof) at any time with or without notice, and we will not be liable to you or any third party for any such modification, suspension, or discontinuation.
Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and any applicable commercial agreements executed in writing by authorized representatives, constitute the entire agreement between you and Mach Five Motors with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms, without affecting the validity and enforceability of the remaining provisions.
Waiver
No failure or delay by Mach Five Motors in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right preclude any other or further exercise thereof or the exercise of any other right.
Assignment
You may not assign or transfer these Terms or any of your rights or obligations hereunder — by operation of law or otherwise — without our prior written consent. Any attempted assignment in violation of this provision is null and void. Mach Five Motors may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
No Third-Party Beneficiaries
These Terms are for the sole benefit of Mach Five Motors and you. Nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of these Terms.
Force Majeure
Mach Five Motors shall not be liable for any failure or delay in performance under these Terms arising from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, government actions, embargoes, labor disputes, power failures, telecommunications failures, or acts of war or terrorism.
Headings
Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision hereof.
Legal Inquiries
For questions about these Terms, to report a potential violation, or to correspond with us on legal matters, please contact us directly. We aim to acknowledge all legal inquiries within 48 hours on business days.
crew@machfivemotors.com ↗