FYBRONIX Inc. – Terms and Conditions
Welcome to Fybronix.com (the “Site”), which is owned and operated by FYBRONIX Inc. (“FYBRONIX,” “we,” “our” or “us”). These terms and conditions (the “Terms”) form a binding contract between you and FYBRONIX and govern your access to and use of the Site, as well as any purchase of products or services offered through the Site. By accessing or using the Site, creating an account or placing an order, you agree to be bound by these Terms and our Privacy Policy (collectively, the “Agreements”). If you do not agree to the Agreements, you must not use the Site or purchase our products.
1. General Conditions and Modifications
Binding Agreement. These Terms constitute a legally enforceable agreement between you and FYBRONIX. Your use of the Site constitutes your acceptance of the Terms. If you are acting on behalf of a company, you represent that you have authority to bind that company and all references to “you” in these Terms mean that entity.
Changes to Terms. We may modify these Terms at any time by posting a revised version on the Site. Unless otherwise stated, the revised Terms will become effective immediately upon posting and will apply prospectively to your use of the Site and to purchases made after the effective date. Continued use of the Site constitutes your acceptance of the updated Terms. We encourage you to review the Terms periodically.
Eligibility and Compliance. You must be at least 18 years old and have legal capacity to enter into these Terms. You agree to comply with all applicable laws and regulations when using the Site and purchasing products.
2. Products and Services
Product Information. We specialise in fibre‑optic patch cords and related accessories (collectively, the “Products”). Product descriptions, specifications and prices on the Site are subject to change without notice. We attempt to ensure that information on the Site is accurate; however, errors, inaccuracies or omissions may occur. We reserve the right to correct any errors and to update information at any time.
Custom and Special Orders. If you require custom lengths, connectors, labelling or packaging, you may contact us to request a custom order. We may require additional documentation or approvals for such orders. Unless expressly stated otherwise in a separate written agreement, these Terms apply to custom orders as well. You represent that you have the right to provide any logos, trademarks or other materials included in your custom order and you grant FYBRONIX a limited license to use them solely for the fulfilment of your order. You will indemnify and hold FYBRONIX harmless from any claims arising from our use of your materials.
Availability. All Products and services offered on the Site are subject to availability. We reserve the right to discontinue any Product at any time.
3. Account Registration and Security
Account Creation. To access certain features of the Site or place orders, you may need to create a user account. You must provide accurate and complete information during registration and promptly update your information if it changes.
Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not responsible for any loss or damage arising from unauthorized use of your account.
Termination or Suspension. We may, in our sole discretion, suspend or terminate your account or deny you access to the Site if we believe you have violated the Agreements or applicable law, or if your account has been inactive for an extended period.
4. Orders and Order Acceptance
Placing Orders. You may place orders by adding Products to your cart and following the checkout process. By submitting an order, you represent that all information provided is true and correct and that you are authorized to use the selected payment method. FYBRONIX may require additional verification or information before accepting any order.
Order Confirmation. After you place an order, you may receive an email acknowledging receipt of your order. This email is not acceptance of your order; it is confirmation that we have received it. Acceptance occurs when we send you a shipment confirmation or otherwise indicate that your order has been accepted.
Right to Refuse or Cancel Orders. We reserve the right, at our sole discretion and without prior notice, to refuse or cancel any order for any reason, including errors or inaccuracies in the description or price of a Product, limited availability, or if we suspect fraudulent or unauthorized activity. If we cancel an order after your payment method has been charged, we will issue a full refund to that payment method.
Changes to Orders. You may request changes to your order before it has entered the dispatch process by contacting us promptly. Orders containing customizations or special accommodations cannot be changed or cancelled once we begin processing the order.
5. Price, Payment and Taxes
Prices. Prices displayed on the Site are quoted in U.S. dollars unless otherwise noted and are subject to change without notice. Published prices may not include taxes, duties, fees or shipping charges. Applicable taxes and shipping charges will be added to your total at checkout. You are responsible for any customs duties or other fees imposed by government authorities for shipments outside the United States.
Payment Methods. We accept Stripe, major credit and debit cards and bank transfers (for approved customers). Your use of any payment method is subject to the applicable third‑party provider’s terms and conditions. By submitting payment information, you authorize us to charge the full amount of your order to your selected payment method. All payments must be made in the currency indicated on the Site.
Payment Terms. Orders are payable in full at the time of checkout unless we agree to extend trade credit.
Billing Accuracy. You agree to provide current, complete and accurate billing and contact information. We reserve the right to cancel any order if we suspect inaccurate information, potential fraud or unauthorized activity. If your payment fails or is declined, we may suspend or cancel your order and seek alternative payment options.
6. Shipping, Delivery and Risk of Loss
Shipping. We will arrange shipment of Products to the address you specify using carriers selected by us. Shipping times provided on the Site are estimates and not guarantees. We are not liable for delays in shipment. We may ship items in multiple packages.
Risk of Loss. Title to and risk of loss for Products pass to you upon our delivery of the Products to the carrier. You are responsible for filing any claims with carriers for lost or damaged shipments. If you need assistance, please contact us; we will cooperate reasonably with you and the carrier.
Shipping Address Changes. If you need to change your shipping address after placing an order, please contact us immediately. Additional fees may apply if the order is already in transit.
7. Returns
Returns. Except for customised or special order Products, you may return unused Products in their original condition and packaging within Seven (7) days after delivery. To initiate a return, contact us for a Return Merchandise Authorization (RMA). Returns without an RMA may not be accepted. You are responsible for return shipping costs unless the return is due to our error.
Refunds. Products sold through the website or otherwise are non-refundable, except where required by applicable law.
8. Intellectual Property Rights
Ownership. All rights, title and interest in and to the Site, its content (including website design, layout, text, graphics, images and photographs), the Products and all trademarks and service marks displayed on the Site are owned by FYBRONIX or its licensors and are protected by copyright, trademark and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you.
Limited License. Subject to your compliance with these Terms, FYBRONIX grants you a personal, non‑exclusive, non‑transferable, revocable license to access and use the Site solely for the purpose of browsing, evaluating and purchasing Products. You may not reproduce, distribute, modify, publicly display or create derivative works of any content on the Site without our prior written consent. Prohibited uses include copying or imitating our website design or using data‑mining tools or automated scripts to extract information.
Third‑Party Marks and Materials. Certain products or services may include materials or trademarks provided by third parties. All third‑party marks remain the property of their respective owners. Use of third‑party marks is subject to the applicable owner’s terms and conditions.
Intellectual Property Complaints. If you believe that content on the Site infringes your intellectual property rights, please notify us at support@fybronix.com. Include a description of the alleged infringement and sufficient information for us to locate the material. We will respond and, if appropriate, remove or disable access to the allegedly infringing content.
9. User Conduct and Prohibited Activities
Acceptable Use. You agree to use the Site only for lawful purposes in accordance with these Terms. You may not:
Violate any applicable law or regulation;
Upload, post, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, infringing, invasive of another’s privacy, hateful or otherwise objectionable;
Use the Site to transmit unauthorized advertising, promotional materials, junk mail, spam, chain letters or any other form of solicitation;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Attempt to gain unauthorized access to the Site or interfere with or disrupt servers or networks connected to the Site;
Use any robot, spider, scraper, data‑mining tool, data‑gathering and extraction tool or other automated means to access, copy or monitor the Site without our prior written permission; or
Assist any third party in engaging in any of the foregoing activities.
Account Suspension and Removal. We may remove content, suspend or terminate accounts, or take any other action we deem necessary to enforce these Terms and protect our rights and the rights of others.
10. Third‑Party Links and Services
The Site may contain links to third‑party websites or services that are not owned or controlled by FYBRONIX. We provide these links solely for convenience and do not endorse or assume any responsibility for any such third‑party sites. Your use of third‑party sites is at your own risk and subject to the terms and policies of those sites. We are not responsible for the content or practices of third‑party sites.
11. Communications and Feedback
Electronic Communications. By using the Site or sending us emails, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that communications be in writing.
Feedback and Suggestions. Any comments, feedback, ideas or suggestions you provide regarding the Site or our Products (“Feedback”) are voluntary and, by providing Feedback, you grant FYBRONIX a perpetual, irrevocable, worldwide, royalty‑free license to use and incorporate the Feedback without any obligation to you.
12. Indemnification
You agree to indemnify, defend and hold harmless FYBRONIX, its affiliates and their respective officers, directors, employees and agents from and against any claims, demands, actions, liabilities, damages, losses and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Site or the Products; (b) your violation of these Terms or any applicable law or regulation; (c) your infringement of any third party’s rights, including intellectual property rights; or (d) any content you submit to the Site.
13. Disclaimer of Warranties
THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, FYBRONIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON‑INFRINGEMENT[1]. FYBRONIX DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR‑FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYBRONIX, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR OTHER ECONOMIC DAMAGE, ARISING OUT OF OR RELATED TO THE SITE, PRODUCTS OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS GIVING RISE TO THE CLAIM, OR, IF NO PURCHASE WAS MADE, US $100. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SURVIVE TERMINATION OF THESE TERMS.
15. Governing Law and Dispute Resolution
These Terms and any dispute arising hereunder will be governed by and construed in accordance with the laws of the State of Ohio, USA, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms, the Site or any Products shall be resolved exclusively in the state or federal courts located in Cuyahoga County, Ohio, and the parties consent to the personal jurisdiction of such courts.
16. Export and Compliance
You agree to comply with all export and import laws and regulations that may apply to your purchase and use of the Products. You will not export or re‑export the Products or any technical data in violation of U.S. export laws or regulations or other applicable laws. You represent and warrant that you are not located in a country subject to U.S. government embargo or designated as a “terrorist supporting” country and you are not listed on any U.S. government list of prohibited or restricted parties.
17. Miscellaneous
Entire Agreement. These Terms, together with the EULA, Privacy Policy and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and FYBRONIX regarding the subject matter hereof and supersede all prior or contemporaneous agreements and understandings, whether written or oral.
Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
Waiver. No waiver by FYBRONIX of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FYBRONIX to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure. Neither party will be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, acts of government, natural disasters, labour disputes or other events of force majeure.
18. Contact Information
If you have any questions about these Terms or any other aspect of the Site or our Products, please contact us:
Email: support@fybronix.com
Phone: +1 469‑225‑5229
Mail: FYBRONIX Inc., 9194 Cedar Rd, Chesterland, OH 44026, USA