Terms of service

Last updated: May 6, 2026

These Terms of Service ("Terms") govern your access to and use of 90theoriginal.com (the "Site") and any related products, content, and services we provide (collectively, the "Services"). The Site is operated by 90theoriginal LLC, a California limited liability company doing business as "90 The Original" ("we," "us," "our").

PLEASE READ THESE TERMS CAREFULLY. SECTION 18 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS — SEE SECTION 18.7.

By accessing the Site, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services.

1. Who We Are

The Site and Services are operated by 90theoriginal LLC, a California limited liability company.

Mailing address: 90theoriginal LLC 10866 Washington Boulevard, #990 Culver City, CA 90232 United States

Email: orders@90theoriginal.com

These Terms apply to all visitors, customers, account holders, and contributors of content. Our Site is hosted on Shopify Inc., which provides our e-commerce platform.

2. Eligibility

By using the Services, you represent that:

You are at least the age of majority in your state, province, or country of residence (18 in most U.S. states), or you are using the Services with the consent and supervision of a parent or legal guardian.
The information you provide to us is accurate and current.
You will not use the Services for any unlawful purpose or in violation of these Terms.

The Services are not directed to children under 16. If we learn that we have collected personal information from a child under 16 without parental consent, we will delete it. See our Privacy Policy for more.

3. Account Registration

You may browse the Site without an account, but some features (saving orders, faster checkout) require an account. If you create one, you are responsible for:

Providing accurate, complete, and current information.
Keeping your password confidential.
All activity that occurs under your account.

Notify us immediately at orders@90theoriginal.com if you believe your account has been compromised. We are not liable for losses caused by unauthorized account use you fail to report promptly.

4. Products, Pricing, and Availability

4.1 Product Descriptions

We make every effort to display our products accurately, including colors, dimensions, and materials. Your screen may render colors differently than the actual product. Minor variation between the product and the imagery on the Site is normal and not a defect.

4.2 Pricing

All prices are listed in U.S. dollars unless otherwise stated. Prices may change at any time without notice. The price you pay is the price displayed at the time you complete checkout.

4.3 Availability and Quantity Limits

Our products are produced in limited runs. Items may sell out, and we may discontinue any product at any time. We reserve the right to:

Limit the quantity of any product sold per person, per household, or per order.
Refuse, cancel, or modify orders that appear to be from resellers, dealers, or distributors.
Restrict sales to certain geographic regions.

For book purchases, a quantity limit of one (1) copy per title per order applies. This limit may be enforced manually or automatically at checkout.

4.4 Order Acceptance

Your order is an offer to purchase. We are not obligated to accept any order, and we may cancel any order before shipment if we suspect fraud, error, or violation of these Terms. If we cancel your order, we will refund you in full and notify you by email.

4.5 Errors

We reserve the right to correct typographical errors, pricing errors, or inaccuracies in product descriptions, including after an order has been submitted. If a product was listed at an incorrect price and you have already paid, we will either honor the listed price, refund you, or cancel the order at our discretion.

5. Payment

We accept the payment methods displayed at checkout, including major credit and debit cards, Apple Pay, Google Pay, Shop Pay, and PayPal. Payment is processed by third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method and authorize us (or our payment processor) to charge it for your order, including any applicable taxes and shipping.

Sales tax is calculated and added at checkout where applicable. International customers are responsible for any import duties, customs fees, or local taxes — see our Shipping Policy.

6. Shipping, Returns, and Refunds

Shipping terms — including estimated transit times, carriers, customs, and lost packages — are governed by our Shipping Policy.

Returns, exchanges, and refund eligibility are governed by our Refund Policy. Both policies are incorporated into these Terms by reference.

7. Bookstore (Third-Party Books)

Books sold through our bookstore section are third-party publications. We curate them for our community, but we do not write, publish, or endorse the contents. The opinions, statements, and accuracy of any book are the responsibility of the author and publisher, not 90 The Original.

Books are sold as-is and are final sale. See the Refund Policy for details.

8. Intellectual Property

8.1 Our IP

All content on the Site — including but not limited to the "90" logo and design, photographs, product designs, text, graphics, video, audio, layout, and source code — is owned by 90theoriginal LLC or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.

8.2 Limited License to You

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.

8.3 What You May Not Do

You may not, without our prior written permission:

Reproduce, distribute, modify, publicly display, or create derivative works of any Site content.
Use the "90" name, logo, or any 90 The Original imagery on goods you sell, market, or distribute.
Scrape, crawl, or harvest content from the Site by automated means.
Frame, mirror, or republish any portion of the Site.
Remove or alter any copyright, trademark, or other proprietary notices.

8.4 Trademark Enforcement

We actively enforce our trademark rights. Unauthorized use of the "90" mark — including counterfeit, imitation, or unauthorized reproduction on apparel, headwear, or other goods — will result in legal action.

9. User-Generated Content

9.1 What Counts

"User Content" means anything you submit, post, or share through the Services — including product reviews, photos, comments, ratings, social media posts that tag us, suggestions, and feedback.

9.2 Your License to Us

By submitting User Content, you grant 90theoriginal LLC a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in any medium and in any manner for purposes related to our business, including marketing, advertising, social media reposts, newsletters, and on the Site itself.

You retain ownership of your User Content. We are not obligated to use it, and we are not obligated to compensate you for it.

9.3 Your Promises

By submitting User Content, you represent and warrant that:

You own the content or have all necessary rights to grant the license above.
The content does not infringe any third party's intellectual property, privacy, or publicity rights.
The content is not unlawful, defamatory, obscene, harassing, threatening, hateful, or otherwise objectionable.
The content does not contain malware, viruses, or any harmful code.
You are not impersonating anyone or misrepresenting your identity.

9.4 Removal

We have no obligation to monitor User Content but may, at our sole discretion, edit, refuse, or remove any User Content that we believe violates these Terms or is otherwise objectionable. We are not liable for User Content posted by you or any third party.

9.5 Feedback

If you send us creative ideas, suggestions, or proposals — whether requested or unsolicited — you agree we may use them without restriction, attribution, or compensation.

10. Prohibited Conduct

You agree not to:

Use the Services for any unlawful purpose or in violation of these Terms.
Attempt to gain unauthorized access to any part of the Services, accounts, or systems.
Use any robot, spider, scraper, or automated means to access the Services without our written permission.
Interfere with or disrupt the Services or servers.
Upload, transmit, or distribute viruses, malware, or any harmful code.
Harvest or collect personal information about other users.
Spam, phish, pretext, or impersonate anyone.
Harass, abuse, threaten, or discriminate against any other user, our staff, or any third party.
Reproduce, resell, or commercially exploit any portion of the Services without our written permission.
Reverse engineer or attempt to extract the source code of any Site software.
Engage in fraudulent activity, including chargeback fraud, return fraud, or use of stolen payment methods.

We reserve the right to terminate access, refuse service, and pursue legal action against violators.

11. Third-Party Links and Services

The Services may contain links to third-party websites and services we do not control (including social media platforms, partner brands, and media coverage). We are not responsible for their content, terms, privacy practices, or any harm caused by them. You access third-party sites at your own risk.

12. SMS / Text Message Terms

If you opt in to SMS marketing, additional terms in our Privacy Policy, Section 7 apply, including consent, frequency, opt-out instructions (reply STOP), and the disclosure that message and data rates may apply.

By providing your mobile number and opting in, you represent that you are the subscriber of the number provided or have the subscriber's authorization to opt in.

13. Electronic Communications

By using the Services, you consent to receive communications from us electronically, including by email, text message (where opted in), and notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

14. DMCA / Copyright Complaints

We respect intellectual property rights. If you believe content on the Site infringes your copyright, please send a notice to our designated DMCA agent containing all of the information required by 17 U.S.C. § 512(c)(3):

A physical or electronic signature of the person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it.
Your contact information (address, phone number, email).
A statement that you have a good-faith belief that the use is not authorized.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

DMCA Designated Agent: Anita Stelmasiuk 90theoriginal LLC 10866 Washington Boulevard, #990 Culver City, CA 90232 United States Email: orders@90theoriginal.com

We may remove allegedly infringing content and terminate the accounts of repeat infringers in appropriate circumstances.

15. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. To the extent we cannot disclaim a warranty by law, the duration of any such warranty is limited to the minimum permitted by applicable law.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL 90theoriginal LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR BUSINESS INTERRUPTION — ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

This limitation applies regardless of the legal theory of the claim (contract, tort, negligence, strict liability, or otherwise) and survives any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so portions of this limitation may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless 90theoriginal LLC and its officers, directors, members, employees, agents, and licensors from any claim, demand, loss, liability, damages, or expense (including reasonable attorneys' fees) arising from:

Your breach of these Terms or any policy incorporated by reference.
Your User Content.
Your violation of any law or third-party right.
Your misuse of the Services.

This indemnification does not apply to claims caused by our gross negligence, willful misconduct, or violation of law.

18. Binding Arbitration and Class-Action Waiver

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

18.1 Agreement to Arbitrate

You and 90theoriginal LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any product purchased from us — whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by binding individual arbitration, not in court.

18.2 Exceptions

The following are not subject to arbitration:

Small-claims court actions. Either party may bring a qualifying claim in small-claims court instead of arbitration, so long as the claim stays in that court and is brought on an individual (non-class) basis.
Intellectual property disputes. We may seek injunctive or equitable relief in court to protect our intellectual property rights (including the "90" trademark).

18.3 Arbitration Rules and Forum

Arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, for claims exceeding $250,000, the Comprehensive Arbitration Rules and Procedures). The rules are available at jamsadr.com.

The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Los Angeles County, California, although the arbitration may be conducted by phone, video, or written submissions where the rules allow.

18.4 Class-Action Waiver

YOU AND 90theoriginal LLC EACH AGREE THAT ANY CLAIM WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found to be unenforceable, then the entirety of this Section 18 will be null and void, but the rest of the Terms will remain in effect.

18.5 Arbitration Costs

We will pay all filing, administrative, and arbitrator fees for any individual arbitration claim where the amount in dispute is $10,000 or less, unless the arbitrator finds the claim was frivolous. For larger claims, fees will be allocated under the JAMS rules.

18.6 Federal Arbitration Act

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction in interstate commerce.

18.7 Right to Opt Out

You can opt out of this arbitration agreement. To do so, send us a written notice within 30 days of first agreeing to these Terms (or 30 days from any material amendment to this section). The notice must include your full name, mailing address, email used at our Site, and a clear statement that you wish to opt out of arbitration.

Send the opt-out notice to: 90theoriginal LLC, Attn: Arbitration Opt-Out, 10866 Washington Boulevard, #990, Culver City, CA 90232, United States — or email orders@90theoriginal.com with the subject line "Arbitration Opt-Out."

Opting out has no effect on your other rights under these Terms.

18.8 Survival

This Section 18 survives termination of these Terms.

19. Governing Law and Venue

These Terms and any non-arbitrated disputes are governed by the laws of the State of California, without regard to its conflict-of-laws principles, and the laws of the United States as applicable.

For any claim not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and waive any objection to such venue.

20. Statute of Limitations

Any claim arising out of or related to these Terms or the Services must be brought within one (1) year of the date the claim arose. After that, the claim is permanently barred. This applies to the fullest extent permitted by law.

21. Force Majeure

We are not liable for any delay, failure of performance, or loss caused by events beyond our reasonable control, including: acts of God, fire, flood, earthquake, weather, pandemic or epidemic, war, terrorism, civil unrest, government action, labor strikes, postal or carrier service disruptions, supplier failure, internet or telecommunications outages, power failures, or cyberattacks.

If a force majeure event delays our performance, the time for performance is extended for the duration of the event.

22. Termination

These Terms remain in effect while you use the Services. Either party may terminate at any time:

You may stop using the Services and (if applicable) close your account.
We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, engaged in fraud, or otherwise threatened the Services or other users.

Sections that by their nature should survive termination — including IP, disclaimers, limitation of liability, indemnification, arbitration, and governing law — survive.

23. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Updated Terms are effective when posted, except that material changes adversely affecting existing customers will take effect no sooner than 30 days after they are posted.

It is your responsibility to review these Terms periodically. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

24. California Consumer Notice (Civil Code § 1789.3)

Under California Civil Code § 1789.3, California residents are entitled to the following notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

25. International Use

The Services are operated from the United States. We make no representation that the Services are appropriate or available for use in other locations. If you access the Services from outside the U.S., you do so at your own risk and are responsible for compliance with local laws.

Some consumer protections in your home country (including, for EEA and UK consumers, certain rights under the EU Consumer Rights Directive and UK consumer law) cannot be waived by these Terms. Nothing in these Terms is intended to limit those rights to the extent they apply.

26. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.

27. No Waiver

Our failure to enforce any provision of these Terms will not be considered a waiver of that provision or of any other right.

28. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

29. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Shipping Policy, constitute the entire agreement between you and 90theoriginal LLC concerning the Services, and supersede any prior agreements or understandings, whether written or oral.

30. Contact

Questions about these Terms? Contact us:

90theoriginal LLC 10866 Washington Boulevard, #990 Culver City, CA 90232 United States