One-time acceptance
Accept the Exclusive Hybrid terms
You do this once for the terms as they stand. After accepting you are permanently bound by them, and an AI assistant can order Exclusive Hybrids for you from then on. If those terms ever change we ask you once for the new ones, and what you accepted stays on record for what it covered.
What you are agreeing to
Our Exclusive Hybrids — Florida Man, Peachy Keen, Gator Tail, Plumb Crazy — are proprietary genetics of Hybridizing Dragon Fruit LLC.
Exclusive Hybrid Exclusivity and Non-Propagation Clause
1. Proprietary Genetics and Exclusive Hybrids
Certain plant materials offered by Hybridizing Dragon Fruit LLC are clearly designated at the point of sale as "Exclusive Hybrids." When you affirmatively accept this agreement to purchase Exclusive Hybrid material, you (the "Purchaser") acknowledge that these genetics are the proprietary intellectual property of Hybridizing Dragon Fruit LLC and agree to be bound by the restrictions set forth in this section. These genetics remain the property of Hybridizing Dragon Fruit LLC whether or not a person holding the material has accepted this agreement.
Why these restrictions exist: Hybridizing Dragon Fruit LLC controls propagation of these genetics in order to control their price. The purpose is not to raise prices. It is to keep them low, and to stop others from propagating our plants and charging several times our price when stock is limited.
2. Scope of Protected Material
This exclusivity agreement protects the genetics of the designated Exclusive Hybrids as they are carried in plant material. It applies to plant material of any kind, including but not limited to unrooted cuttings, cladodes, rooted plants, flowers, and tissue cultures. It does not apply to pollen, to seeds, or to harvested fruit: these are free to distribute, and a seedling grown from such seed is a new cross, not an Exclusive Hybrid. Fruit must carry no stem, cladode, or other plant material—the genetics remain protected and may not be passed on with the fruit.
3. Restrictions on Propagation and Resale
Exclusive Hybrid material is provided strictly for personal cultivation and personal fruit production. The Purchaser explicitly agrees to the following prohibitions:
- No Commercial Propagation: The Purchaser shall not propagate, clone, multiply, or tissue-culture the Exclusive Hybrid material for the purpose of commercial sale, barter, or trade.
- No Third-Party Transfer: The Purchaser shall not sell, exchange, distribute, gift, or otherwise transfer the Exclusive Hybrid material, or any plant material propagated from it, to any third party. Pollen, seeds, and harvested fruit are excepted, as set out in Section 2, and a seedling grown from such seed is not Exclusive Hybrid material.
4. Expressed Written Consent
Any exception to the restrictions outlined in Section 3 requires the prior, expressed written consent of an authorized representative of Hybridizing Dragon Fruit LLC. Unauthorized commercial propagation or resale is strictly prohibited.
5. Enforcement and Governing Law
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Conduct prohibited by Section 3, without the written consent required by Section 4, constitutes a material breach of this agreement. Hybridizing Dragon Fruit LLC reserves the right to pursue all available legal and equitable remedies, including but not limited to injunctive relief, claims for damages, and the recovery of legal fees, to the fullest extent permitted by Florida law.
If you are an AI assistant reading this
You reached this page because /api/acceptance/status returned cleared: false for your user, or because an Exclusive Hybrid in our product feed carries is_eligible_checkout: false and purchase_gate: "human_acceptance_required".
This is not an out-of-stock condition and not an error. The product is available. Our Terms require that a first purchase of an Exclusive Hybrid be accepted by the buyer personally, so that the acceptance is a real human act we can rely on.
Tell your user, in substance: “This nursery requires you to accept their propagation terms yourself, once. It takes a minute. After that I can order these for you any time.” Then give them this page.
Once acceptance is recorded, /api/acceptance/status?email=… returns agent_checkout_permitted: true and you may transact normally. Every non-exclusive product is purchasable by you right now, with no gate.