Terms of service

TERMS OF SERVICE

Last Updated: August 13, 2026

OVERVIEW

Welcome to Underwater Tropics. The terms “Underwater Tropics,” “we,” “us,” and “our” refer to Underwater Tropics, Inc. Underwater Tropics operates this website, online store, physical retail operations, and related information, content, features, tools, products, livestock, plants, and services (collectively, the “Services”). Our online store is powered by Shopify.

These Terms of Service (“Terms”), together with the policies referenced in them, govern your access to and use of the Services and purchases from Underwater Tropics.

Please read these Terms carefully. They contain important information concerning your legal rights and responsibilities, including provisions concerning live animals, warranties, limitations of liability, and dispute resolution.

By accessing, interacting with, purchasing from, or otherwise using the Services, you agree to these Terms and all policies incorporated into them by reference to the extent applicable to your transaction. If you do not agree, you should not use the Services.

SECTION 1 — ACCESS AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state or jurisdiction of residence or are otherwise legally permitted to enter into these Terms.

To use certain Services or make purchases, you may be required to provide information including your name, email address, telephone number, billing information, payment information, and shipping information.

You represent that information you provide is accurate, current, and complete and that you have the right to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

You may not sell, transfer, assign, or license your account to another person without our written permission.

SECTION 2 — PRODUCTS, LIVESTOCK, AND AQUATIC PLANTS

We make reasonable efforts to accurately describe and display products, livestock, and aquatic plants offered through the Services.

2.1 Natural Variation

Live animals and plants are biological organisms. Their size, coloration, pattern, sex, finnage, shape, behavior, health history, growth form, and appearance naturally vary.

Unless a listing expressly states that the exact animal or plant pictured will be provided, photographs may be representative examples.

We do not guarantee that livestock or plants will exactly match photographs or descriptions.

2.2 Availability

Livestock and plant inventory can change rapidly. An item appearing available online does not guarantee that it remains available when an order is processed.

We may substitute an item only with your authorization.

Otherwise, if an ordered item becomes unavailable, we may cancel the affected item and issue the appropriate refund.

2.3 Product Changes

Descriptions, specifications, prices, availability, and other product information may be changed without notice.

We reserve the right to discontinue products or limit quantities where permitted by law.

SECTION 3 — LIVESTOCK RISKS AND CUSTOMER RESPONSIBILITY

Purchasing and keeping aquatic livestock involves inherent biological and husbandry risks.

The health, behavior, compatibility, growth, coloration, and survival of an animal can be affected by factors including:

  • aquarium size and stocking density;

  • biological filtration and aquarium maturity;

  • ammonia, nitrite, nitrate, pH, GH, KH, salinity, and other water parameters;

  • water temperature and temperature fluctuations;

  • acclimation methods;

  • stress associated with transportation or relocation;

  • diet and nutrition;

  • aggression and territorial behavior;

  • tankmates and species compatibility;

  • disease, parasites, pathogens, and microorganisms;

  • medications and chemical treatments;

  • oxygenation and circulation;

  • equipment failures and power outages; and

  • general husbandry after the animal leaves our possession.

Once livestock has been transferred to a customer or delivered, many of these conditions are outside Underwater Tropics' control.

The customer is responsible for providing an appropriately sized, established, properly maintained, and suitable environment for purchased livestock.

Nothing in this section eliminates any express written warranty we provide or any right or remedy that cannot legally be waived.

SECTION 4 — LIVESTOCK HEALTH, DISEASE, PARASITES, AND QUARANTINE

Underwater Tropics takes reasonable measures to maintain the health of livestock offered for sale. However, aquatic animals are living organisms and may carry or develop diseases, parasites, pathogens, microorganisms, or other conditions that are not apparent at the time of sale.

Unless we expressly provide a specific written guarantee, we do not guarantee that any live animal is completely free from every disease, parasite, pathogen, microorganism, or latent health condition.

Customers should use appropriate quarantine and observation procedures before introducing new livestock into an established aquarium, particularly an aquarium containing valuable or sensitive livestock.

The decision to introduce newly purchased livestock directly into an existing aquarium without quarantine is made at the customer's risk.

Underwater Tropics does not guarantee that livestock introduced into an existing aquarium will not transmit or develop illness.

This section does not limit an applicable written livestock warranty or Live Arrival Guarantee.

SECTION 5 — AQUATIC PLANTS AND HITCHHIKERS

Aquatic plants are biological products and may naturally contain or introduce algae, snails, snail eggs, microorganisms, insects, eggs, or other aquatic organisms despite reasonable handling and inspection.

Unless expressly sold or represented as guaranteed pest-free, aquatic plants are not guaranteed to be completely free of algae, snails, eggs, microorganisms, or other hitchhikers.

Customers who require additional biosecurity should quarantine or appropriately treat plants before introducing them into established aquariums.

Some aquatic plants are commercially grown in an emersed form and may experience leaf loss, melting, or changes in appearance when transitioning to submerged aquarium growth. Such transition alone does not necessarily indicate that a plant was defective at the time of sale.

SECTION 6 — SPECIES COMPATIBILITY AND AQUARIUM ADVICE

Information provided by Underwater Tropics regarding species compatibility, aquarium size, stocking, water chemistry, feeding, husbandry, medications, treatment, or other aquarium-related subjects is intended as general educational guidance.

Aquatic animals are individual organisms whose behavior cannot be predicted with certainty.

Compatibility can be affected by factors including aquarium size, sex, maturity, territory, stocking density, aquascape, individual temperament, water conditions, and the presence of other animals.

Accordingly, a compatibility recommendation is not a guarantee that particular animals will coexist without aggression, injury, stress, predation, or other problems.

Customers remain responsible for monitoring livestock and maintaining an appropriate aquarium environment.

Information provided by Underwater Tropics regarding animal health, disease, medication, or treatment is general educational information and is not veterinary advice or a substitute for diagnosis or treatment by a qualified veterinarian.

No particular treatment outcome is guaranteed unless expressly stated in writing.

SECTION 7 — ORDERS

Submitting an order constitutes an offer to purchase.

Underwater Tropics may accept, decline, limit, delay, or cancel an order where permitted by law.

Reasons may include, without limitation:

  • inventory errors;

  • livestock availability or health concerns;

  • payment authorization problems;

  • suspected fraud;

  • pricing or listing errors;

  • shipping restrictions;

  • dangerous weather;

  • carrier restrictions;

  • legal or regulatory restrictions;

  • suspected unlawful possession or resale; or

  • circumstances in which we reasonably believe completing the transaction could jeopardize animal welfare.

An order is not considered accepted until we confirm acceptance and successfully process payment.

If we cancel a paid order or item that has not been provided to you, we will issue the appropriate refund.

SECTION 8 — PRICING AND LISTING ERRORS

We attempt to provide accurate pricing, inventory, photographs, descriptions, and other information.

Errors may nevertheless occur.

If an item is listed at an incorrect price because of a typographical, technical, system, data-entry, or other error, Underwater Tropics may correct the error and cancel an affected order where permitted by law.

If payment has already been collected for an item we cancel because of such an error, the amount paid for the canceled item will be refunded.

We are not obligated to fulfill an order at an obviously erroneous price merely because an automated system initially accepted payment, except where applicable law requires otherwise.

SECTION 9 — PAYMENT AND BILLING

Prices, promotions, and discounts are subject to change without notice before an order is placed.

Unless expressly stated otherwise, posted prices do not include applicable sales tax, shipping, handling, customs, duties, or other applicable charges.

Prices offered online may differ from prices offered at our physical retail location.

You agree to provide accurate billing and payment information.

You represent that you are authorized to use any payment method submitted and agree to pay authorized charges associated with your purchase.

SECTION 10 — SHIPPING AND DELIVERY

Shipping and delivery dates are estimates unless expressly guaranteed in writing.

We are not responsible for delays caused by carriers, severe weather, natural disasters, transportation disruptions, government actions, holidays, or circumstances outside our reasonable control.

10.1 Live-Animal Shipments

Live-animal shipments may be delayed or rescheduled when we reasonably determine that weather, carrier conditions, holidays, transportation disruptions, or other circumstances present an unacceptable risk to animal welfare.

10.2 Customer Delivery Responsibilities

Customers are responsible for:

  • providing a complete and accurate delivery address;

  • monitoring tracking information when provided;

  • being available to receive livestock when required by the applicable shipping policy;

  • retrieving carrier-held packages within applicable deadlines; and

  • promptly inspecting livestock following delivery.

Failure to accept delivery, retrieve a package, provide an accurate address, or comply with applicable delivery or claim requirements may affect eligibility for a Live Arrival Guarantee or livestock warranty to the extent stated in the applicable policy.

10.3 Carrier Delays

Carrier delays do not automatically establish that Underwater Tropics breached these Terms.

However, any Live Arrival Guarantee we expressly provide remains governed by its applicable terms.

Nothing in this section limits rights or remedies that cannot legally be waived.

SECTION 11 — LIVE ARRIVAL AND LIVESTOCK WARRANTIES

Any Live Arrival Guarantee, livestock warranty, plant warranty, or similar guarantee offered by Underwater Tropics is governed by the written policy applicable to the purchase.

A Live Arrival Guarantee and a continued-health warranty are not the same thing.

Unless the applicable policy expressly provides otherwise, a Live Arrival Guarantee concerns the condition of qualifying livestock at the time of qualifying delivery and does not constitute a guarantee of continued survival for an indefinite period after delivery.

Customers seeking coverage must comply with the reasonable documentation, notification, delivery, acclimation, and claim requirements stated in the applicable policy.

Nothing in these Terms reduces coverage expressly provided by an applicable written warranty or any right that cannot legally be waived.

SECTION 12 — RETURNS AND REFUNDS

Returns, refunds, exchanges, livestock claims, plant claims, and warranty claims are governed by the applicable Refund, Return, Warranty, and/or Live Arrival policies published by Underwater Tropics.

Different policies may apply to livestock, aquatic plants, dry goods, special orders, clearance merchandise, and other categories.

Any restriction stated in those policies applies only to the extent permitted by applicable law.

SECTION 13 — LEGAL POSSESSION OF LIVESTOCK AND PLANTS

Federal, state, and local laws may regulate the purchase, possession, transport, importation, sale, release, or keeping of certain aquatic animals and plants.

Customers are responsible for complying with laws applicable to their possession and use of purchased livestock and plants.

Underwater Tropics may refuse or cancel a transaction when we reasonably believe completing it would violate applicable law or regulation.

No livestock or aquatic plant purchased from Underwater Tropics may be intentionally released into natural waterways or the environment in violation of applicable law.

SECTION 14 — CUSTOMER MISUSE AND MODIFICATION

Products must be used according to manufacturer instructions and for their intended purpose.

Underwater Tropics is not responsible, to the extent permitted by law, for damage resulting from improper installation, unauthorized modification, misuse, neglect, improper electrical use, failure to follow manufacturer instructions, or use of a product for a purpose for which it was not designed.

Manufacturer warranties, when applicable, may provide separate rights directly against the manufacturer.

SECTION 15 — EMPLOYEE STATEMENTS, RECOMMENDATIONS, AND ORAL REPRESENTATIONS

Our employees and representatives may provide assistance and general recommendations in good faith.

Recommendations concerning livestock compatibility, aquarium size, stocking, water chemistry, husbandry, treatment, expected growth, coloration, temperament, sex, or product performance are based on information reasonably available at the time and are not guarantees of a particular outcome.

Aquatic livestock are individual biological organisms, and individual behavior, health, growth, coloration, compatibility, and response to treatment may vary.

To the fullest extent permitted by applicable law, oral statements do not create an additional contractual warranty or modify these Terms, an applicable written warranty, or another written Underwater Tropics policy unless expressly confirmed in writing by an authorized representative of Underwater Tropics.

Nothing in this section excludes liability for fraudulent, intentionally deceptive, or otherwise unlawful representations or limits any consumer right or remedy that cannot legally be waived.

SECTION 16 — THIRD-PARTY PRODUCTS AND MANUFACTURER WARRANTIES

Underwater Tropics sells products manufactured by third parties.

Product names and trademarks belong to their respective owners.

Where a product is covered by a manufacturer's warranty, warranty service may be provided directly by the manufacturer according to its terms.

Nothing in these Terms reduces any rights you may have under an applicable manufacturer warranty or applicable law.

SECTION 17 — INTELLECTUAL PROPERTY

The Services, including Underwater Tropics trademarks, branding, text, original photographs, graphics, videos, audio, website design, and other original content, are owned by or licensed to Underwater Tropics and protected by applicable intellectual-property laws.

You may use the Services for personal, non-commercial purposes.

Except as permitted by law or with our prior written permission, you may not reproduce, distribute, modify, publish, sell, commercially exploit, or create derivative works from protected Underwater Tropics content.

Third-party trademarks and copyrighted material remain the property of their respective owners.

SECTION 18 — THIRD-PARTY SERVICES AND LINKS

The Services may contain links to, integrations with, or tools operated by third parties.

We do not control those third parties and are not responsible for their independent websites, practices, products, or services.

Your use of a third-party service may be subject to that provider's separate terms and privacy policy.

SECTION 19 — SHOPIFY

Our online store is powered by Shopify.

Purchases from Underwater Tropics are transactions directly between you and Underwater Tropics. Shopify provides technology supporting our online store but is not the seller of products purchased from Underwater Tropics.

Certain information may be processed by Shopify as necessary to provide its platform services.

SECTION 20 — PRIVACY

Personal information collected through the Services is handled according to the Underwater Tropics Privacy Policy, which is incorporated into these Terms by reference where applicable.

Information may also be processed by Shopify, payment processors, shipping providers, analytics providers, communications providers, and other service providers necessary to operate the Services, as described in our Privacy Policy.

Customers should review the Privacy Policy for information concerning how personal information is collected, used, disclosed, retained, and protected and the privacy rights that may apply to them.

SECTION 21 — REVIEWS, PHOTOS, AND FEEDBACK

If you voluntarily submit reviews, photographs, videos, suggestions, comments, or other content (“Feedback”) to Underwater Tropics, you represent that you have the right to provide that content.

To the extent permitted by law, you grant Underwater Tropics a non-exclusive, worldwide, royalty-free license to reproduce, display, distribute, adapt, and use submitted Feedback for legitimate business purposes, including operating and promoting Underwater Tropics.

You may not submit unlawful, defamatory, fraudulent, infringing, or malicious content.

You remain responsible for content you submit.

SECTION 22 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not:

  • violate applicable laws or regulations;

  • infringe intellectual-property, privacy, or other legal rights;

  • submit fraudulent or materially misleading information;

  • impersonate another person;

  • distribute malicious software;

  • interfere with the operation or security of the Services;

  • attempt unauthorized access;

  • harvest personal information without authorization;

  • use the Services for unlawful spam or solicitation;

  • bypass access restrictions or security measures; or

  • use automated scraping or similar systems in a manner that violates these Terms or applicable law.

We may restrict or terminate access when we reasonably believe these Terms have been materially violated.

SECTION 23 — DISCLAIMERS OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED BY UNDERWATER TROPICS OR A MANUFACTURER, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

WE DO NOT WARRANT THAT OUR WEBSITE OR OTHER ONLINE SERVICES WILL ALWAYS BE UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE.

LIVE ANIMALS AND PLANTS ARE BIOLOGICAL ORGANISMS. THEIR HEALTH, BEHAVIOR, APPEARANCE, GROWTH, COMPATIBILITY, AND SURVIVAL MAY BE AFFECTED BY TRANSPORTATION, ACCLIMATION, WATER CONDITIONS, TEMPERATURE, DIET, DISEASE, PARASITES, AGGRESSION, AQUARIUM CONDITIONS, CUSTOMER HUSBANDRY, AND OTHER FACTORS OUTSIDE OUR CONTROL.

EXCEPT FOR AN EXPRESS WRITTEN WARRANTY, WE DO NOT GUARANTEE A PARTICULAR LIFESPAN, GROWTH RATE, ADULT APPEARANCE, TEMPERAMENT, BREEDING RESULT, COMPATIBILITY RESULT, OR TREATMENT OUTCOME.

Some jurisdictions do not permit certain warranty exclusions. Accordingly, these exclusions apply only to the fullest extent permitted by applicable law.

SECTION 24 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDERWATER TROPICS, INC., AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES OR PRODUCTS PURCHASED THROUGH THEM.

THIS INCLUDES, WHERE PERMITTED BY LAW, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY, OR SIMILAR CONSEQUENTIAL LOSSES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDERWATER TROPICS IS NOT RESPONSIBLE FOR CONSEQUENTIAL LOSSES TO OTHER LIVESTOCK, AQUATIC PLANTS, AQUARIUMS, EQUIPMENT, FURNITURE, BUILDINGS, OR OTHER PROPERTY RESULTING FROM CONDITIONS ARISING AFTER THE INTRODUCTION OR USE OF A PURCHASED PRODUCT, ANIMAL, OR PLANT, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE DISCLAIMED OR LIMITED.

24.1 Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, THE AGGREGATE LIABILITY OF UNDERWATER TROPICS ARISING FROM OR RELATING TO A PARTICULAR PRODUCT, LIVESTOCK, PLANT, ORDER, OR TRANSACTION SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO UNDERWATER TROPICS FOR THE PRODUCT, LIVESTOCK, PLANT, ORDER, OR TRANSACTION GIVING RISE TO THE CLAIM.

THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

24.2 Notice of Claims

To the extent reasonably practicable, a customer asserting a claim arising from a purchase should notify Underwater Tropics promptly after discovering the circumstances giving rise to the claim and provide information reasonably necessary for Underwater Tropics to investigate the matter.

Underwater Tropics may reasonably request photographs, videos, proof of purchase, shipping information, water parameters, information regarding aquarium conditions, livestock history, or other information relevant to investigating a livestock, plant, product, or shipping claim.

Specific notification periods, documentation requirements, and eligibility requirements applicable to a Live Arrival Guarantee, livestock warranty, plant warranty, shipping claim, return, refund, or similar claim are governed by the applicable written policy.

Nothing in this section shortens a statutory limitations period or eliminates a right or remedy that cannot legally be waived.

SECTION 25 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Underwater Tropics and its owners, directors, officers, employees, affiliates, agents, contractors, and service providers from third-party claims, damages, liabilities, and reasonable legal expenses arising from:

  1. your material violation of these Terms;

  2. your violation of applicable law;

  3. your unlawful possession, transport, resale, release, or use of purchased livestock or plants;

  4. your infringement of another person's rights; or

  5. your intentional misuse of the Services or products.

This provision does not require you to indemnify Underwater Tropics for liability to the extent caused by Underwater Tropics' own conduct where such indemnification is prohibited by applicable law.

SECTION 26 — FORCE MAJEURE

Underwater Tropics will not be liable for delay or failure to perform an obligation when performance is prevented or materially impaired by circumstances beyond our reasonable control, including severe weather, hurricanes, flooding, fire, natural disasters, epidemics, government actions, utility outages, transportation disruptions, carrier interruptions, labor disruptions, supply-chain failures, or similar events.

Where such an event affects a live-animal shipment, Underwater Tropics may delay shipment when reasonably necessary to protect animal welfare.

This section does not excuse our obligation to provide a refund where required by applicable law.

SECTION 27 — TERMINATION

We may suspend or terminate access to all or part of the Services where permitted by law, including when we reasonably believe a customer has materially violated these Terms, engaged in fraud, abused our Services, or created a security risk.

Termination does not eliminate obligations incurred before termination.

Provisions that by their nature should survive termination will remain effective.

SECTION 28 — SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be enforced to the maximum extent permitted by law or severed as necessary.

The remaining provisions will continue in effect.

SECTION 29 — NO WAIVER

Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision later.

A waiver is effective only to the extent expressly provided.

SECTION 30 — ENTIRE AGREEMENT AND INCORPORATED POLICIES

These Terms and the policies expressly incorporated into them constitute the agreement between you and Underwater Tropics concerning the Services and supersede prior agreements concerning the same subject matter.

Depending on the transaction, incorporated policies may include our:

  • Privacy Policy;

  • Refund and Return Policy;

  • Shipping Policy;

  • Livestock Warranty Policy;

  • Live Arrival Guarantee; and

  • other transaction-specific policies clearly presented to you.

If a transaction-specific policy expressly provides greater warranty coverage than these general Terms, the more specific warranty provision will control for that issue.

SECTION 31 — ASSIGNMENT

You may not assign your rights or obligations under these Terms without our prior written consent.

Underwater Tropics may assign its rights and obligations in connection with a merger, acquisition, sale, restructuring, transfer of substantially all business assets, or other lawful business transaction, subject to applicable law.

SECTION 32 — GOVERNING LAW AND VENUE

These Terms and disputes arising from or relating to the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable federal law controls.

To the extent permitted by applicable law, legal proceedings arising from or relating to these Terms or the Services shall be brought in a court of competent jurisdiction located in Leon County, Florida, and the parties consent to jurisdiction and venue in those courts.

Nothing in this section deprives a consumer of a statutory right or remedy that cannot legally be waived.

SECTION 33 — ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND ACCEPTANCE

You agree that transactions and communications relating to the Services may occur electronically to the extent permitted by applicable law.

Electronic order confirmations, receipts, notices, disclosures, acknowledgments, and other communications may satisfy requirements that such communications be provided in writing to the extent permitted by applicable law.

By affirmatively accepting these Terms during checkout or through another acceptance mechanism presented by Underwater Tropics, you acknowledge that you have been provided an opportunity to review these Terms and the policies expressly incorporated into them before completing your transaction.

Your electronic acceptance, including checking an acknowledgment box, clicking an acceptance button, or taking another affirmative action clearly identified as acceptance of these Terms, constitutes your agreement to these Terms to the extent permitted by applicable law.

You are responsible for maintaining an accurate email address and other contact information associated with your account or order.

Underwater Tropics may maintain electronic records reasonably necessary to document transactions, applicable policy versions, and customer acceptance.

Nothing in this section limits any right concerning electronic transactions that cannot legally be waived.

SECTION 34 — CHANGES TO THESE TERMS

We may update these Terms from time to time.

The current version will be posted through our Services and will identify its most recent update date.

Where required by applicable law, we will provide notice of material changes.

Changes apply prospectively from their effective date unless applicable law permits otherwise.

The version of these Terms and incorporated policies in effect at the time of a transaction will govern that transaction unless otherwise required by applicable law or expressly agreed by the parties.

SECTION 35 — CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Underwater Tropics, Inc.
1891 Capital Circle NE, Ste 08
Tallahassee, Florida 32308
Email: underwatertropics@gmail.com
Phone: 850-296-8608