Terms of service

TERMS OF SERVICE

Last updated: Jan 23, 2024

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the uscitrus.com website (the “Service”) operated by US Citrus(“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

WARRANTY:

If you received fruit or leaves that were damaged or are not of good quality you must send a picture of your product as you received it WITHIN 24 hours of delivery. It is at the discretion of US Citrus to issue any sort of replacement or partial or full refund.

We cannot accept returns of citrus fruit or leaves to our groves for phytosanitary reasons. Please do not send your purchase back to US Citrus LLC.

Photographic documentation should be sent via email directed to tropicaltrees@uscitrusnursery.com. The customer agrees and acknowledges that emails sent of photographs after 24 hours, means that it is up to the sole discretion of US CItrus to give any partial or full refund or replacement. The customer has forfeited any guarantee of fruit quality upon delivery if receipt of photographs by email is after 24 hours from when the carrier confirms delivery. US Citrus will provide a full refund, minus discounts that have been given, or a replacement product, per the discretion of US Citrus to the customer. By signing this agreement, the customer realizes they are purchasing a perishable product, and as such, there are significant responsibilities related to the care of the product, and that care must begin upon delivery. Damage, neglect, and poor storage incurred after 24 hours of receipts of the product will NOT be covered by any warranty, as US Citrus has provided the fruit or leaves in an acceptable, edible state.

REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant that: (a) you will not upload, post or transmit to or distribute or otherwise publish through our Web Site any materials which (i) restrict or inhibit any other user from using and enjoying our Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.
Accounts
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

INDEMNIFICATION
You agree to indemnify, defend and hold US Citrus, LLC., and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use, your use of our website or your foregoing representations, warranties and covenants, including without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without our prior written consent.

DISCLAIMER
THE US CITRUS, LLC WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OUR WEB SITE, IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, US CITRUS, LLC, AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEB SITE OR ANY LINKED SITE.
FURTHER, US CITRUS, LLC. AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. US CITRUS, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE US CITRUS, LLC WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. US CITRUS, LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF OUR WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
YOU AGREE THAT US CITRUS, LLC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOST PROFITS, PUNITIVE DAMAGES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES PROVIDED AT OR THROUGH THE SITE) ARISING OUT OF USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, EVEN IF US CITRUS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF US CITRUS, LLC. (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM OUR SITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE SITE, IF ANY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION, THEY MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE CERTAIN ADDITIONAL RIGHTS.

Links To Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by USCITRUS.COM and has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that USCITRUS.COM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas and the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us
If you have any questions about these Terms, please contact us.

Privacy Policy:
US Citrus, LLC respects the privacy of visitors to our website and the privacy of our customers. We take your privacy seriously. We will not collect personal information about any visitor to our website unless the visitor is made aware that we are collecting such information. We ensure that any information that is collected is collected in a secure and safe encrypted manner.

Currently, we would collect personal information for the following reasons:
We receive and store certain types of activity whenever you interact with us. Just like many web sites, we use “cookies,” and obtain certain types of information when your web browser accesses uscitrus.com or advertisements and other content served by or on behalf of uscitrus.com on other Web sites.
Product Purchase: We will use your information ONLY to process your order, ship your order, answer questions about products, and advise you of other product-related information.

Promotional Material/Specials:
We will use your information ONLY to email you promotions/specials that we may be offering from time to time.

We would/will collect the following kinds of information:
Your name, address, email address, phone number(s), credit card number, and/or billing information. This information is used ONLY to process your order, charge your debit/credit card for payment and ship your order.

Credit Card information is NOT kept or seen in any way by US Citrus, only by its e-commerce platform: Shopify.

We will not make personal information available to outside organizations, except for organizations that work with us on US Citrus, LLC promotions. In such a case, such personal information is used only for purposes related to the administration of the promotions.

US Citrus, LLC., does not store personal or credit card information on its website. It is not responsible for any security breaches of any third party involved in payment processing and encryption of the payment and personal information.

Product and Legal Responsibilities in the Transport of Citrus:

The products are not intended nor is it cleared for resale. US Citrus, LLC., is not responsible for any insect or disease burden to the fruit or leaves after it has been sold from the facilities owned by US Citrus, LLC.

 

US Citrus, LLC, will accept payment for the product only through major credit card companies. No other retail form of payment will be accepted via e-commerce. A customer may cancel the order prior to processing and shipping of the product. No returns for the plant will be accepted for dissatisfaction in preference of variety or the product upon receipt.

EXCEPT AS SET FORTH ABOVE, US CITRUS, LLC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDING ANY PRODUCT PURCHASED FROM US CITRUS, LLC, AND US CITRUS, LLC SPECIFICALLY DISCLAIMS ANY AND ALL SUCH WARRANTIES. THE REMEDIES SET FORTH ABOVE CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO CUSTOMER. US CITRUS, LLC SHALL NOT, IN ANY EVENT, BE LIABLE FOR DAMAGES IN AN AMOUNT GREATER THAN THE ORIGINAL PURCHASE PRICE OF ANY PLANT.

All prices are subject to change without notice.

US Citrus, LLC, will ship the plants using the carrier listed on the website at the time of the purchase and will use Shopify as its e-commerce platform.