Terms of Service

Last updated: February 2026

1. Acceptance of Terms

By accessing and using The Cracked Grain website, you accept and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using this site.

2. Use of Website

You must be at least 21 years old to use this website and purchase products. By using this site, you represent that you meet this age requirement.

You agree not to:

  • Use the website for any illegal purpose
  • Attempt to gain unauthorized access to any portion of the website
  • Interfere with or disrupt the website or servers
  • Impersonate any person or entity
  • Post or transmit any harmful, threatening, or offensive content

3. Account Responsibilities

If you create an account, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. Product Information

We strive to provide accurate product descriptions, images, and pricing. However, we do not warrant that product descriptions, images, pricing, or other content is accurate, complete, or error-free. We reserve the right to correct any errors and to change or update information at any time without prior notice.

5. Pricing and Availability

All prices are subject to change without notice. We reserve the right to:

  • Limit quantities of products purchased
  • Discontinue products at any time
  • Refuse service to anyone for any reason
  • Correct pricing errors even after an order is submitted

If a product is listed at an incorrect price due to an error, we will contact you before processing your order.

6. Payment Terms

Payment is due at the time of order placement. We accept major credit cards and other payment methods as indicated on our website. By providing payment information, you represent that you are authorized to use the payment method.

All payments are processed securely through our third-party payment processor. We do not store complete credit card information on our servers.

7. Shipping and Delivery

Shipping terms and delivery estimates are provided at checkout. Title and risk of loss pass to you upon delivery to the carrier. We are not responsible for delays caused by shipping carriers or circumstances beyond our control. See our Shipping Policy for complete details.

Member Delivery and Discount Rules

  • Free member accounts receive one free first local delivery after signup on an eligible local delivery order.
  • The first free delivery is tied to the member account and may be tracked through account and order history so it can be used once.
  • After the first free delivery is used, members receive 10% off eligible local delivery fees.
  • Free delivery thresholds and delivery zones may vary by order size, destination, and delivery availability.
  • First-time buyer, CAFF, homebrew club, and military veteran discounts apply to eligible products only unless a promotion says otherwise.
  • Percentage product discounts do not stack. If more than one product discount applies, the best eligible discount should be used.
  • The Cracked Grain may verify CAFF, homebrew club, and military veteran discount eligibility before applying account-level discounts.

8. Returns and Refunds

Our return policy is outlined in detail on our Returns page. Returns must comply with our stated conditions and timeframes. We reserve the right to refuse returns that do not meet our policy requirements.

9. Intellectual Property

All content on this website, including text, graphics, logos, images, and software, is the property of The Cracked Grain or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

10. Limitation of Liability

To the fullest extent permitted by law, The Cracked Grain shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

  • Your use or inability to use our website or products
  • Unauthorized access to or alteration of your data
  • Any errors or omissions in content
  • Any conduct or content of third parties

Our total liability shall not exceed the amount you paid for the product giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless The Cracked Grain, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the website or violation of these Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the courts of Arkansas.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the website after changes are posted constitutes acceptance of the modified Terms.

Marketing Communications

Account, payment, receipt, fulfillment, shipment, and delivery messages are transactional messages and may be sent as needed to complete an order or service request.

  • Marketing email is optional and can be unsubscribed from at any time.
  • Marketing text messages require explicit opt-in consent before they are sent.
  • Marketing texts must include opt-out instructions such as Reply STOP to opt out.
  • Opt-out requests will be honored promptly. Marketing email opt-outs will be honored within 10 business days.

14. Contact Information

For questions about these Terms of Service, please contact us:

The Cracked Grain

Part of The Nurserie Family

Online sales only

Email: [email protected]

Phone: (501) 438-0808