Terms of Service and Privacy Policy

Privacy Policy

Effective Date: September 17, 2026

Thank you for visiting Hybridizing Dragon Fruit LLC. We respect your privacy and are committed to protecting the personal information you provide when you visit our website and purchase our dragon fruit plants online.

This Privacy Policy explains how we collect, use, protect, and disclose your information, and describes your rights under applicable privacy laws, including those in the State of Florida.

1. Information We Collect

a. Personal Information

When you place an order or contact us, we may collect:

• Your name
• Email address
• Shipping and billing address
• Phone number
• Payment information (processed securely via third-party payment processors)

b. Technical Information

When you use the site, we process technical information needed to deliver and protect it. When you accept the Exclusive Hybrid terms, we record your IP address and browser information with your acceptance record. This information is not anonymous.

2. How We Use Your Information

We use your information to:

• Process and ship your orders
• Communicate with you about your order or inquiries
• Send promotional emails (only if you opt in)
• Improve our website and customer experience
• Comply with applicable legal obligations

3. Sharing Your Information

We do not sell your personal data. We use service providers to process payments, deliver orders, host our website and email, and send order and donation notifications to us. Our phone-notification service, Pushover, receives the customer or donor information included in those notifications, which may include your name, email address, shipping address and purchase or donation details. We may also disclose information when required by law.

All third parties are contractually required to protect your information.

4. Cookies and Tracking Technologies

We use necessary cookies to support site functions and remember your cookie preferences. The current site does not activate analytics or advertising cookies through these preference controls.

You may set your browser to refuse cookies. However, this may limit some functionality of our site.

If we use cookies for marketing or analytics beyond site functionality, we will provide a clear opt-in or opt-out mechanism on our website.

5. Data Retention

We retain your personal information only as long as necessary to fulfill the purposes outlined in this Privacy Policy, or as required by law (e.g., for tax or accounting purposes).

6. Data Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect your personal information, including SSL encryption and secure data storage practices.

However, no system can be guaranteed 100% secure. Use of our website is at your own risk.

7. Your Privacy Rights (Florida Residents)

You may contact us to request access to, correction of, or deletion of the personal information we hold about you, subject to applicable legal exceptions. Your statutory rights depend on the laws that apply to you and to our business.

• Right to Know – You can request details about the personal data we have collected about you.
• Right to Correct – You may request corrections to inaccurate or outdated personal data.
• Right to Delete – You may request deletion of your personal information, subject to certain legal exceptions.
• Right to Opt Out – We do not sell your personal data, but you may opt out of the use of personal data for targeted advertising, if applicable.

To exercise any of these rights, please contact us at:

Email: support@hybridizingdragonfruit.com Address: 2219 SE 15th Ave, Cape Coral, FL 33990

Please include your name and the nature of your request. We may need to verify your identity before processing.

8. Children’s Privacy

Our website and services are not intended for children under 13. We do not knowingly collect personal information from children.

9. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Changes will be posted on this page with an updated effective date. We encourage you to review this policy periodically.

10. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us:

Hybridizing Dragon Fruit LLC Email: support@hybridizingdragonfruit.com Address: 2219 SE 15th Ave, Cape Coral, FL 33990

Terms of Service

Effective Date: September 17, 2026

Welcome to Hybridizing Dragon Fruit LLC. These Terms of Service ("Terms") govern your use of our website and any purchases or services offered through it. By accessing our website or placing an order, you agree to be bound by these Terms. If you do not agree, please do not use our website.

1. Eligibility

You must be at least 18 years old or have legal parental or guardian consent to use this website and make purchases. By using our site, you represent that you meet this requirement.

2. Products and Orders

We sell live dragon fruit plants and related botanical products. Product descriptions, pricing, and availability are subject to change at any time without notice.

Order Acceptance

We reserve the right to refuse or cancel any order at our sole discretion, including but not limited to:

• Pricing or availability errors
• Suspected fraud
• Violation of these Terms
• Legal or regulatory restrictions

You will be refunded for any order we cancel after payment is received.

Plant Condition Disclaimer

Live plants are perishable. While we take care to ship healthy specimens, we cannot guarantee performance after delivery due to climate, soil, care conditions, or handling by the carrier or customer.

3. Payment and Billing

Payments are processed through secure third-party payment processors (e.g., Stripe, PayPal). By submitting payment information, you represent that you are authorized to use the chosen payment method.

All prices are in U.S. dollars. Shipping and applicable taxes are calculated and shown at checkout.

4. Shipping and Delivery

We ship within the United States only. Estimated delivery times are provided for reference but are not guaranteed.

You are responsible for ensuring that your shipping address is accurate and complete. We are not liable for delayed or lost shipments due to incorrect or incomplete address details.

Title and risk of loss for products pass to you upon our delivery to the carrier.

5. Returns and Refunds

Due to the perishable nature of our products, all sales are final unless the item arrives damaged or unhealthy.

If your plant arrives in poor condition, you must contact us within 48 hours of delivery with photos and your order number at: support@hybridizingdragonfruit.com

We reserve the right to approve or deny refund or replacement requests at our discretion.

6. Intellectual Property

All content on this website—including text, images, logos, and product descriptions—is the property of Hybridizing Dragon Fruit LLC or its licensors, and is protected under U.S. copyright and trademark law.

You may not use, reproduce, modify, distribute, or exploit any content without expressed written permission.

7. Prohibited Use

You agree not to:

• Use the site for any unlawful or fraudulent purpose
• Attempt to gain unauthorized access to any part of the website or its infrastructure
• Upload malicious code or interfere with the site’s functionality or security
• Copy, scrape, or commercially exploit website content except as expressly permitted by our published content-use permissions, our written authorization, or applicable law

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.

8. Limitation of Liability

To the maximum extent allowed under Florida and U.S. law:

• We are not liable for indirect, incidental, punitive, or consequential damages arising from your use of our website or products.
• All products are provided “as is” and without warranties, express or implied, including merchantability or fitness for a particular purpose.

Some states, including Florida, may not allow certain limitations of liability, so some of these exclusions may not apply to you.

9. Privacy

Please refer to our Privacy Policy for details on how we collect, use, and protect your information.

10. Changes to These Terms

We reserve the right to modify or update these Terms at any time. If changes are made, we will revise the effective date above and may notify users by email or notice on the site.

Continued use of the website after changes are posted constitutes acceptance of those changes.

11. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law rules.

Any disputes arising out of or related to these Terms, your use of the website, or purchases made through it will be resolved exclusively in the state or federal courts located in Lee County, Florida. You consent to the jurisdiction and venue of those courts.

Nothing in these terms limits a remedy, refund right, shipping-delay protection or right to use a court that applicable law does not permit us to limit. Our delivery estimates and 48-hour damage-reporting request do not waive those rights.

12. Contact Us

For any questions about these Terms, please contact us at:

Hybridizing Dragon Fruit LLC Email: support@hybridizingdragonfruit.com Address: 2219 SE 15th Ave, Cape Coral, FL 33990