Terms Of Service

Terms of Service

OVERVIEW

Welcome to Grafting Dragon Fruit! The terms "we," "us," and "our" refer to Grafting Dragon Fruit, operated by GDF LLC.

GDF LLC operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). Grafting Dragon Fruit is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make every effort to accurately represent our products and services in our online store. However, colors, appearance, and other visual characteristics may differ depending on your device and display settings.

Because dragon fruit cuttings, plants, and other agricultural products are natural and living materials, their size, shape, color, and appearance may vary from the images shown on our website.

We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be identical to the images displayed in our online store.

Product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue products or limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. GDF LLC reserves the right to accept or decline your order for any lawful reason at its discretion.

Your order is not accepted until GDF LLC confirms acceptance. Payment must be received and processed before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided at checkout.

Your purchases are subject to returns or exchanges only in accordance with our Return & Exchange Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed, as reflected in your order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices displayed in our online store may differ from those offered through other sales channels or third-party retailers.

We may offer promotions governed by separate terms and conditions. If a promotion's terms conflict with these Terms of Service, the promotion's specific terms will govern.

You agree to provide accurate, current, and complete purchase, payment, and account information and to update this information as necessary.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.

  2. You are authorized to use the payment method provided.

  3. Your payment provider will honor the charges incurred.

  4. You will pay all applicable charges, including shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates and are not guaranteed.

GDF LLC is not responsible for delays caused by shipping carriers, customs processing, weather conditions, holidays, or circumstances outside our reasonable control.

Once products are transferred to the shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.

For additional information regarding processing times, shipping availability, delivery estimates, and damaged shipments, please review our Shipping Policy [LINK].

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, educational content, displays, images, graphics, product reviews, videos, audio, and their design, selection, and arrangement, are owned by GDF LLC, its affiliates, or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit materials from our Services without prior written consent, except as permitted by applicable law.

Nothing in these Terms grants you a license or ownership rights to any patent, trademark, copyright, or other intellectual property belonging to GDF LLC, Shopify, or third parties.

All rights not expressly granted are reserved by GDF LLC.

The Grafting Dragon Fruit name, logos, product names, designs, and slogans are trademarks or other protected brand identifiers of GDF LLC or its affiliates or licensors. Unauthorized use is prohibited.

Shopify's name, logos, product names, and related branding are trademarks of Shopify. Other trademarks appearing on our Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not monitor, control, or operate.

Such tools are provided "as is" and "as available," without warranties, representations, or endorsements of any kind.

To the extent permitted by law, GDF LLC assumes no liability arising from your use of optional third-party tools.

Your use of these tools is at your own risk and discretion. You are responsible for reviewing and accepting the terms and conditions established by the applicable third-party providers.

We may introduce additional tools, resources, or features in the future. Such additions will be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites, products, services, or embedded functionality.

We are not responsible for reviewing or evaluating the accuracy, reliability, or content of third-party websites.

If you choose to access third-party websites or services, you do so at your own risk.

To the extent permitted by law, GDF LLC is not responsible for damages or losses arising from your use of third-party websites, products, or services.

Please review the applicable third party's policies before engaging in transactions. Questions or disputes concerning third-party products or services should be directed to the relevant provider.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Grafting Dragon Fruit is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases you make in our store are made directly with GDF LLC.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and GDF LLC, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with GDF LLC.

SECTION 10 - PRIVACY POLICY

All personal information collected through our Services is subject to our Privacy Policy [LINK].

Certain personal information may also be subject to Shopify's Privacy Policy, available at:

https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have read these privacy policies.

Because our Services are hosted by Shopify, Shopify collects and processes personal information concerning your access to and use of the Services to provide and improve your shopping experience.

Information submitted through our Services may be shared with Shopify and third-party service providers, including providers located outside your country of residence, as necessary to operate the Services.

Please review our Privacy Policy [LINK] for additional information about how GDF LLC, Shopify, and our partners collect, process, and use personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise provide ideas, suggestions, reviews, proposals, photographs, comments, or other content (collectively, "Feedback"), you grant GDF LLC a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

We may use Feedback to operate, evaluate, improve, and promote our Services.

You represent and warrant that:

  1. You own or possess the necessary rights to submit the Feedback.

  2. You have disclosed any compensation or incentives received in connection with your Feedback.

  3. Your Feedback complies with these Terms and applicable laws.

We are not obligated to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine violates these Terms, applicable laws, intellectual property rights, or standards of acceptable conduct.

You agree not to submit Feedback that is unlawful, defamatory, abusive, obscene, misleading, or infringes on the rights of others.

You may not submit Feedback containing malware, viruses, or other harmful code, impersonate another individual, or misrepresent the source of Feedback.

You are solely responsible for the accuracy and content of your Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information displayed through our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or product availability.

We reserve the right to correct such errors, update information, or cancel orders affected by inaccurate information at any time, including after an order has been submitted, subject to applicable law.

SECTION 13 - PROHIBITED USES

You may access and use our Services only for lawful purposes.

You may not use the Services to:

  1. Engage in unlawful, fraudulent, or malicious activities.

  2. Violate applicable laws, regulations, or ordinances.

  3. Infringe upon the intellectual property rights of GDF LLC or others.

  4. Harass, threaten, defame, abuse, or intimidate others.

  5. Submit false, inaccurate, or misleading information.

  6. Distribute spam, unsolicited advertising, or unauthorized promotional material.

  7. Impersonate another person, company, or organization.

  8. Upload viruses, malware, or other harmful code.

  9. Reproduce, extract, resell, or commercially exploit the Services without authorization.

  10. Collect or misuse the personal information of others.

  11. Use unauthorized automated systems, bots, scraping tools, or AI agents to access or extract information from the Services.

  12. Circumvent security features, access restrictions, or technical safeguards.

  13. Interfere with the operation, security, or availability of the Services.

We reserve the right to suspend, restrict, or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1 Applicability

This section ("Agent Terms") applies if you use, enable, authorize, or deploy an Agent to access or interact with our Services.

An "Agent" means software or a service that performs autonomous or semi-autonomous actions on behalf of a person or entity without continuous direct supervision.

14.2 Agent Access Requirements

No Agent may access or interact with the Services unless it identifies itself and complies with the requirements described below.

Agents must not access the Services if GDF LLC has expressly requested that such access cease.

14.3 Access Restrictions

We may implement technical or operational measures to limit or control Agent access to the Services.

14.4 Identification and Compliance

Agents must:

  1. Identify themselves in HTTP/HTTPS requests by including the following user-agent format: Agent/[agent name].

  2. Avoid concealing or misrepresenting their automated nature.

  3. Refrain from mimicking human behavior to circumvent detection.

  4. Not bypass CAPTCHAs or other measures designed to distinguish human users from automated systems.

  5. Respond truthfully when asked whether an interaction originates from a human or an automated system.

  6. Comply with all access restrictions, security controls, and technical measures established by GDF LLC.

SECTION 15 - TERMINATION

We may terminate this agreement or restrict your access to the Services, in whole or in part, at our discretion and without prior notice, to the extent permitted by law.

You remain responsible for all amounts owed up to and including the termination date.

Provisions that, by their nature, are intended to survive termination will remain effective, including those concerning intellectual property, feedback, warranty disclaimers, limitations of liability, indemnification, severability, governing law, and privacy.

SECTION 16 - DISCLAIMER OF WARRANTIES

Information provided through our Services is intended for general informational and educational purposes.

While we strive to provide accurate and helpful information about dragon fruit cultivation, grafting, plant care, and related subjects, we do not guarantee that all information will be complete, accurate, or suitable for every growing environment.

Plant growth and performance may vary depending on climate, soil conditions, watering practices, growing methods, and other factors outside our control.

Any reliance on information provided through our Services is at your own discretion and risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED BY GDF LLC, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

We do not guarantee that the Services will be uninterrupted, secure, timely, or error-free.

Some jurisdictions do not permit certain warranty exclusions, and these disclaimers may not apply to you in full.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, GDF LLC, ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, and other similar damages, whether based on contract, tort (including negligence), strict liability, or another legal theory, even if advised of the possibility of such damages.

To the extent permitted by law, these limitations also apply to claims involving errors, omissions, or inaccuracies in content made available through the Services.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless GDF LLC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against third-party claims, liabilities, damages, losses, and reasonable attorneys' fees arising from:

  1. Your breach of these Terms of Service or incorporated policies.

  2. Your violation of applicable laws or third-party rights.

  3. Your access to or misuse of the Services.

We will notify you of any indemnifiable claim. Failure to provide prompt notice will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such claims at your expense, including selection of legal counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You agree to cooperate in the defense of such claims, including providing relevant information and documentation.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

Any unenforceable portion will be severed without affecting the validity or enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service, together with all policies and operating rules referenced or posted on our website, constitute the entire agreement between you and GDF LLC concerning your use of the Services.

These Terms supersede prior or contemporaneous agreements, communications, and proposals relating to the Services, whether written or oral.

Any ambiguity in the interpretation of these Terms shall not automatically be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not transfer, delegate, or assign your rights or obligations under these Terms without prior written consent from GDF LLC.

Any attempted assignment without the required consent will be invalid.

GDF LLC may transfer, assign, or delegate these Terms and its rights or obligations without your consent or prior notice, subject to applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which GDF LLC provides Services shall be governed by and construed in accordance with the applicable laws of the jurisdiction in which GDF LLC maintains its principal place of business, without regard to conflict-of-law principles.

Subject to applicable law, you and GDF LLC consent to the jurisdiction and venue of the competent courts located in that jurisdiction.

SECTION 23 - HEADINGS

The headings included in these Terms are provided for convenience only and do not limit or otherwise affect the interpretation of these Terms of Service.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You may review the most current version of these Terms of Service at any time on this page.

GDF LLC reserves the right to update, modify, or replace any portion of these Terms by posting revisions on our website.

It is your responsibility to periodically review these Terms for updates.

We will provide notice of material changes when required by applicable law. Such changes will become effective on the date specified in the notice.

Your continued use of the Services after updated Terms become effective constitutes your acceptance of those changes, to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions regarding these Terms of Service should be directed to:

Grafting Dragon Fruit (GDF LLC)

Email: graftingdragonfruit@gmail.com