Terms of service

Last updated: November 1, 2026

OVERVIEW

Welcome to Eighty Six! The terms “Eighty Six,” “we,” “us” and “our” refer to Eighty Six Brand, LLC. Eighty Six operates this store and website, including all related information, content, features, tools, products and services (the “Services”). The Services are powered by Shopify.

These terms and conditions, together with the policies referenced in them (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with or using the Services, you agree to these Terms and to our Privacy Policy at https://eightysixbrand.com/policies/privacy-policy. If you do not agree, do not use the Services.

SECTION 1 - AGE REQUIREMENT, ACCESS AND ACCOUNT

You must be at least 21 years old to use the Services, create an account or buy anything from us. By using the Services, you confirm that you are 21 or older.

We verify age at checkout through AgeChecker.Net. You may be asked for your date of birth and, if you can’t be verified automatically, a photo of your government-issued ID. We will not ship an order until your age is verified. We may cancel and refund any order that can’t be verified, and we may close any account we believe belongs to someone under 21.

To use the Services, you may be asked for information such as your email address and your billing, payment and shipping information. You confirm that all information you provide is correct, current and complete, and that you have the right to provide it.

You are responsible for keeping your account login secure and for all activity in your account. You may not transfer, sell, assign or license your account to anyone else.

SECTION 2 - OUR PRODUCTS AND THE LAW

Our products are derived from hemp and contain less than 0.3% Delta-9 THC on a dry-weight basis. Third-party lab results are available on our Lab Reports page at https://eightysixbrand.com/pages/lab-reports.

Hemp and cannabinoid laws differ by state and city, and they change often. You are responsible for knowing and following the laws where you live and where your order is delivered, including whether you may buy, possess or use each product. We don’t ship to places where we know a product is restricted, and we may cancel and refund any order we believe can’t lawfully be delivered. The states we can ship to may change without notice.

We try to show our products accurately. Colors and product appearance may differ on your screen depending on your device and settings. We do not warrant that the appearance or quality of any product will meet your expectations or match exactly how it appears in our store.

Product descriptions, ingredients, packaging and availability may change at any time without notice. We may discontinue any product at any time, and we may limit the quantities we sell to any person, household, region or jurisdiction.

SECTION 3 - HEALTH AND SAFETY

These statements have not been evaluated by the Food and Drug Administration. Our products are not intended to diagnose, treat, cure or prevent any disease. Nothing on the Services is medical advice.

Our products can be intoxicating, and effects vary from person to person. Start with a small amount and wait before taking more. Do not drive, operate machinery or do anything that requires alertness after use. Talk to a doctor before use if you are pregnant, nursing, taking medication or have a medical condition. Keep all products out of reach of children and pets.

Using our products may cause you to fail a drug test. You use our products at your own risk, and we are not responsible for drug test results or their consequences.

SECTION 4 - ORDERS

When you place an order, you are making an offer to buy. We may accept or decline your order for any reason. Your order is not accepted until we confirm it and receive your payment. For subscriptions, acceptance of the first order also authorizes later renewal charges until you cancel.

We may refuse, limit or cancel any order, for example if a product is out of stock, a price or listing is wrong, the delivery address is in a restricted area, your age can’t be verified, or we suspect fraud. If we cancel an order after charging you, we will refund you in full. If we do not accept, change or cancel an order, we will try to contact you using the email, billing address or phone number you gave us.

Please review your order before submitting it. We may not be able to cancel an order once it has been processed.

Returns and refunds are handled only under our Refund Policy at https://eightysixbrand.com/policies/refund-policy.

You confirm that your purchases are for your own personal use and not for resale. Businesses interested in buying for resale must apply through our Wholesale page at https://eightysixbrand.com/pages/wholesale-distribution, and wholesale orders are covered by separate terms.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions may change without notice. You pay the price in effect when you place your order, as shown in your order confirmation email. Unless stated otherwise, prices do not include taxes or shipping.

Our online prices may differ from prices in physical stores or from other sellers. Promotions and discount codes may have their own terms, can’t be combined unless we say so, and may be changed or ended at any time. If a promotion’s terms conflict with these Terms, the promotion’s terms govern for that promotion.

You agree to provide current, complete and accurate payment and account information, and to update it promptly (including your email address and card details) so we can complete your orders and contact you.

You confirm that (i) the payment information you provide is true, correct and complete, (ii) you are authorized to use that payment method, (iii) your charges will be honored by your card issuer, and (iv) you will pay all charges at the posted prices, including shipping and applicable taxes.

SECTION 5A - SUBSCRIPTIONS

Some products may be offered as a subscription. When you buy a subscription, you authorize us to charge your payment method on file for each delivery, at the price, frequency and length shown at checkout, until you cancel or the plan ends. Your payment method is stored by our payment processor for these recurring charges.

Subscriptions renew automatically, and each renewal is a separate charge and order. We will send order and billing notices to the email on your account. Taxes and shipping are charged as shown at checkout or in your subscription portal, and may change if rates or your shipping address change.

You can skip, pause, reschedule, swap or cancel a subscription at any time before your next order is processed, through the subscription portal linked in your order emails or account. Canceling stops future renewals. It does not cancel an order that has already been processed or shipped. Processed orders follow our Refund Policy.

If a renewal payment fails, we may retry the charge, pause the subscription or cancel it. If we change a subscription’s price or plan, we will tell you before the new price applies, and you can cancel before your next renewal if you don’t agree. Subscription orders follow the same age verification and state shipping rules as every other order.

Subscription management tools are provided by our subscription provider and are subject to Section 9.

SECTION 6 - SHIPPING AND DELIVERY

We ship within the United States only, to the states shown as available at checkout. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by shipping carriers, weather or other events outside our control. Title and risk of loss pass to you when we hand your order to the carrier. See our Shipping Policy at https://eightysixbrand.com/policies/shipping-policy for shipping times, costs and our warm-weather policy.

Shipping Protection by Route is optional and may be added at checkout. Claims made under Shipping Protection are handled by Route under its own terms.

SECTION 7 - REWARDS PROGRAM

You can earn points on eligible purchases and redeem them for discounts under the rules shown on our Rewards page at https://eightysixbrand.com/pages/rewards-program. Points have no cash value and can’t be transferred or sold. Points may be removed for returns, cancellations or misuse. We may change or end the program at any time, and we will post any changes on the Rewards page.

SECTION 8 - INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Eighty Six, its affiliates or licensors, and are protected by U.S. and foreign intellectual property laws.

You may use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written permission. Except as expressly stated in these Terms, nothing in them grants you a license or other rights under any patent, trademark, copyright or other intellectual property of Eighty Six, Shopify or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Eighty Six.

Eighty Six’s names, logos, product and service names, designs and slogans are trademarks of Eighty Six or its affiliates or licensors. You may not use them without our prior written permission. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services belong to their respective owners.

SECTION 9 - OPTIONAL TOOLS

The Services may give you access to tools offered by third parties (for example age verification, payments, subscriptions, rewards, reviews and shipping protection). We do not monitor or control these tools.

We provide access to these tools “as is” and “as available,” without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for anything arising from your use of third-party tools. Your use of them is at your own risk, and you should review and agree to the terms on which each provider offers them.

We may add new features, tools and resources to the Services in the future. They will also be part of the Services and subject to these Terms.

SECTION 10 - THIRD-PARTY LINKS

The Services may contain materials and links to websites run by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites. If you leave the Services to visit them, you do so at your own risk.

We are not liable for any harm or damages related to your use of third-party websites, or to your purchase or use of any products, services, resources or content on them. Please review a third party’s policies and practices before you engage in any transaction with them. Complaints, claims, concerns or questions about third-party products and services should go to that third party.

SECTION 11 - RELATIONSHIP WITH SHOPIFY

Eighty Six 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 Eighty Six. You acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Eighty Six, including any injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with Eighty Six.

SECTION 12 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy at https://eightysixbrand.com/policies/privacy-policy. Certain personal information may also be subject to Shopify’s Privacy Policy at https://www.shopify.com/legal/privacy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them. Information you submit to the Services is shared with Shopify and with third parties that may be located outside the country where you live. Our Privacy Policy explains in more detail how we, Shopify and our partners use your personal information.

SECTION 13 - REVIEWS AND FEEDBACK

If you submit, upload, post, email or otherwise send us any ideas, suggestions, feedback, reviews, photos, proposals, plans or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display that Feedback in any medium and for any purpose, including commercial use. Reviews may be shown with the name you provide, usually your first name and last initial.

You confirm that: (i) you own or have all necessary rights to your Feedback; (ii) your review reflects your own honest experience; (iii) you have disclosed any free product, reward or other incentive you received for it; and (iv) your Feedback complies with these Terms. We have no obligation (1) to keep your Feedback confidential, (2) to pay you for it, or (3) to respond to it.

We may, but are not required to, monitor, edit or remove Feedback that we decide, in our sole discretion, is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates anyone’s intellectual property or these Terms.

Your Feedback must not violate the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights. It must not contain unlawful, abusive or obscene material, or any virus or other malware. You may not use a false email address, pretend to be someone else, or otherwise mislead us or others about where your Feedback came from. You are solely responsible for your Feedback and its accuracy. We are not responsible or liable for any Feedback posted by you or any third party.

SECTION 14 - ERRORS, INACCURACIES AND OMISSIONS

The Services may sometimes contain typographical errors, inaccuracies or omissions, including in product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We may correct any error, inaccuracy or omission, change or update information, or cancel orders if any information is inaccurate, at any time and without notice, including after you have placed your order.

SECTION 15 - PROHIBITED USES

You may use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state or local law, rule or regulation; (c) to infringe our intellectual property rights or anyone else’s; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate any of our employees or anyone else; (e) to send false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms; (g) to send, or arrange the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam” or similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; (i) to buy for or on behalf of anyone under 21; or (j) to engage in any other conduct that restricts or prevents anyone’s use or enjoyment of the Services, or that, as we decide, may harm Eighty Six, Shopify or users of the Services, or expose them to liability.

You also agree not to: (a) upload or send viruses or any other malicious code that will or may affect how the Services work; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track other people’s personal information; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or get around the security features of the Services, any related website, other websites or the Internet. We may suspend, disable or close your account at any time, without notice, if we decide you have violated any part of these Terms.

SECTION 16 - TERMINATION

We may end this agreement or your access to the Services, or any part of them, in our sole discretion at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections continue to apply after any termination: Our Products and the Law, Health and Safety, Intellectual Property, Reviews and Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, Subscriptions, and any other provisions that by their nature should survive termination.

SECTION 17 - DISCLAIMER OF WARRANTIES

The information on or through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on it is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you, any other visitor to the Services, or anyone informed of their contents.

EXCEPT AS EXPRESSLY STATED BY EIGHTY SIX, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE WILL EIGHTY SIX, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 19 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eighty Six, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any claim covered by this section. A failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced by it. We may control the defense and settlement of the claim at your expense, including the choice of counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which you will not unreasonably withhold. You will cooperate in the defense of these claims, including by providing relevant documents.

SECTION 20 - SEVERABILITY

If any provision of these Terms is found unlawful, void or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable part will be treated as severed from these Terms. This will not affect the validity and enforceability of the remaining provisions.

SECTION 21 - WAIVER; ENTIRE AGREEMENT

If we fail to exercise or enforce any right or provision of these Terms, that is not a waiver of that right or provision.

These Terms, and any policies or operating rules we post on this site or for the Services, are the entire agreement between you and us and govern your use of the Services. They replace any earlier or current agreements, communications and proposals between you and us, whether oral or written, including any earlier versions of these Terms.

Any ambiguities in these Terms will not be interpreted against the drafting party.

SECTION 22 - ASSIGNMENT

You may not delegate, transfer or assign this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 23 - GOVERNING LAW

These Terms, and any separate agreements under which we provide you Services, are governed by the laws of the State of California. You and Eighty Six consent to venue and personal jurisdiction in the state and federal courts located in Los Angeles County, California.

SECTION 24 - HEADINGS

The headings in these Terms are for convenience only and do not limit or otherwise affect these Terms.

SECTION 25 - CHANGES TO THESE TERMS

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

We may update, change or replace any part of these Terms, in our sole discretion, by posting the changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes as required by applicable law, and those changes take effect on the date stated in the notice. Your continued use of the Services after changes are posted means you accept those changes.

SECTION 26 - CONTACT INFORMATION

Questions about these Terms should be sent to:

Eighty Six Brand, LLC
1718 Potrero Ave. STE G
South El Monte, CA 91733
USA
(833) 335-8286
info@eightysixbrand.com

For order, shipping and return questions, email cs@eightysixbrand.com.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

We offer a mobile messaging program (the “Program”). Your participation in it is governed by these Mobile Messaging Terms and Conditions and our Privacy Policy (together, the “Agreement”). By opting in to or taking part in the Program, you agree to this Agreement. This Agreement applies only to the Program and does not change any other terms or policies that govern your relationship with us.

How it works. You join the Program by opting in, for example through a sign-up form on our website. However you opt in, this Agreement applies to your participation. By joining, you agree to receive recurring automated marketing text messages from Eighty Six at the phone number you provided. Consent is not a condition of any purchase.

Message frequency. Message frequency varies. You may receive additional messages based on your interactions with us.

Costs. Message and data rates may apply. Check your mobile plan for details.

Opting out. You can opt out at any time by replying STOP to any text message from us. After you opt out, you may receive one final message confirming it, and you won’t receive more Program messages unless you opt in again. Replying STOP is the method we can reliably process.

Help. Reply HELP to any message for help, or email info@eightysixbrand.com.

Eligibility. You must be 21 or older to join the Program. You confirm that you are the account holder for the phone number you provide, or that you have the account holder’s permission to enroll it. If you change or give up your phone number, you agree to opt out first.

Carriers. Mobile carriers are not liable for delayed or undelivered messages.

Privacy. We treat your information as described in our Privacy Policy. We do not sell, rent, trade or share phone numbers or opt-in information collected through the Program with third parties for their own marketing.

Changes. We may change or end the Program, or this Agreement, at any time. Continuing to take part after a change means you accept it.