HUMBL Inc. (together with its affiliate companies - “HUMBL,” “we,” “our” or “us”) recognizes the importance of maintaining the security of personal data that we collect.

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This Privacy Policy applies to HUMBL’s platform and services (the “Services”), and describes how we collect, store, use, and disclose the following types of information:

1. User, or Buyer Data relating to individuals who are either registered to the Services and use them to engage with Merchants or Sellers(defined below), purchase goods, or read reviews (“User”, “Buyer, “Users”, or “Buyers”);
2. Merchant, or Seller Data relating to merchants or sellers of NFTs that use the Services, either individually or as part of a business, to collect payments for their goods from Users or Buyers (“Merchant”, “Seller”,  “Merchants” or “Sellers”);
3. Admins who, either individually or through one of our partners, facilitate the auctioning of items and collecting payments for items , either on our platform or via a third party platform hosted on our website (“Partner”);
4. Website Visitor, CRM & Prospects Data relating to visitors of our website, participants at our events, partners, investors and any prospective partner or investor, User or Merchant who visits or otherwise interacts with any of our websites, mobile application, online ads and content, emails or other communications under our control (“Sites”); and
5. Communication Data in relation to our Services.

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Specifically, this Privacy Policy describes our practices regarding –

1. Data Collection
2. Data Uses
3. Data Location & Retention
4. Data Sharing
5. Cookies & Tracking Technologies
6. Communications
7. Data Security
8. Data Subject Rights
9. Controller/Processor
10. Additional Notice & Contact Details

 

If you are our User, Merchant, visitor, partner, investor or prospect (“you”) - please read this Privacy Policy carefully and make sure that you fully understand and agree to it. 

You are not legally required to provide us with any personal data, and may do so (or avoid doing so) at your own discretion. If you do not wish to provide us with your personal data, or to have it processed by us or any of our Service Providers (defined in Section 4) as described below, please refrain from accessing, using or registering for our Services. If you are using the Services on behalf of a Merchant that is using the Services, we suggest that you contact the Merchant’s account administrator with any questions about the Service. You should also let the Merchant’s account administrator know if you do not want to be registered to the Services.

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1. Data Collection

(i) User, or Buyer Data: Our Services enable Users and Merchants, or Buyers and Sellers to connect with each other more easily and to purchase or sell goods and services. HUMBL collects the following types of personal data relating to such individual Users and Buyers –

• Profile information (name, e-mail address, mobile phone number, location – city and country, saved addresses, picture and hashed password, crypto wallet information);
• Transaction details (digital and/or physical goods and services ordered or searched for, credit card details, bids relating to the sale of NFTs, wallet ID number for the crypto wallet, invoices and transaction history, GPS or mobile device location, additional details provided by the User with respect to their orders or searches, and any other information Users provide voluntarily);
• Usage information (connectivity, technical and aggregated usage data and activity logs, log-in and log-out time, user agent, IP addresses, device and mobile app data [like type, OS, device ID, app version, browser version, locale, time-zone and language settings used], session recordings and analytics, and the cookies and pixels installed or utilized on their device);
• Ratings and feedbacks (as submitted by the Buyer or User regarding Merchants or Sellers including chats, reviews and any other data submitted);

(ii) Merchant, or Seller Data: if you wish to use our Services as a Merchant – either independently or as part of a business account – or as a Seller you will need to open a User account before joining as a Merchant or a Seller. In such cases, we will collect the same type of information as the User or Buyer Data, and also the following types of personal data relating to Merchants and Sellers –

• Business account information (as applicable: company name, address, phone number industry and opening hours);
• Banking information (as applicable: bank account details such as the name of the account holder, email address, date of birth, residence address, phone number, social security number [for U.S. residents] or other identifiable personal number [for non-US residents], routing number, recipient account number and any related information).

(iii) Admin Data: if you are an Admin facilitating the auctioning of NFTs, we will also collect the following types of personal data -

• User Profile information (name, e-mail address, mobile phone number, location – city and country, saved addresses, picture and hashed password);
• Usage information (connectivity, technical and aggregated usage data and activity logs, log-in and log-out time, user agent, IP addresses, device and mobile app data [like type, OS, device ID, app version, browser version, locale, time-zone and language settings used], session recordings and analytics, and the cookies and pixels installed or utilized on their device);
• Ratings and feedbacks (as submitted by the Buyer or User regarding Merchants or Sellers including chats, reviews and any other data submitted);

(iv) Website Visitor, CRM & Prospect Data: We collect the following types of personal data concerning our website visitors, Users and Buyers, Merchants and Sellers, partners, investors and prospects –

• Site usage information (connectivity, technical and aggregated usage data, such as User agent, IP addresses, device data (like type, OS, device ID, browser version, locale and language settings used), activity logs, session recordings, and the cookies and pixels installed or utilized on our Sites and/or their device);
• Business account information (contact, contractual and billing details concerning our Merchants, which may also contain the details of their internal focal persons who directly engage with HUMBL on behalf of their organization, e.g., the account administrators, billing contacts and authorized signatories on behalf of the Merchant or partner; as well as details concerning their needs and preferences, as identified by us or recognized through our engagement with them);
• Information concerning our prospects (contact and business details, our communications with such prospects (correspondences, call and video recordings, call transcripts, and analyses thereof), as well as any needs, preferences, attributes and insights relevant to our potential engagement)).

 

(v) Communications Data (with Users, Merchants, prospects etc.): We collect direct interactions and communications with us (including recordings and transcripts of your calls, emails, form submissions and chats with us, e.g. for customer service, user enablement, feedback, support and training purposes or otherwise through LinkedIn, Facebook or Twitter.

 

We collect such data either automatically, through your interaction with us or with our Sites or Services; or through third-party services, social media, analytics tools, events we organize or participate in, and other business initiatives.

To the extent that any of the above-mentioned data only pertains to a non-human entity (e.g., the phone number or bank account of a company or business), we will not regard it as “personal data” and this Privacy Policy does not apply to it.

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2. Data Uses

We use personal data as necessary for the facilitation and performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services; providing customer service and technical support; and protecting and securing our Users, Merchants, partners, investors, ourselves, and our Services.

If you reside or are using the Services in a territory governed by privacy laws under which "consent" is the only or most appropriate legal basis for the processing of personal data (in general, or specifically with respect to the types of personal data you expect or elect to process or have processed by, or via the Services, e.g. ‘special categories’ under the GDPR), providing such personal data and using the Services, as well as your acceptance of our Terms and Conditions, our Acceptable Use Policy and this Privacy Policy will be deemed as your consent to the processing of your personal data for all purposes detailed in this Policy. If you wish to revoke such consent, please contact us at [email protected].

Specifically, we use personal data for the following purposes:

1. To facilitate, operate, and provide our platform and Services;
2. To authenticate the identity of our Users and Buyers, Merchants and Sellers, and to allow them to access and use our Services;
3. To provide assistance and support to our Users and Buyers, Merchants and Sellers;
4. To share your data with our Service Providers (as defined in Section 4);
5. To gain a better understanding on how you use and interact with our Services, and how we could improve the User experience for you and others, and continue improving our products, offerings and the overall performance of our Services;
6. To contact you with general or personalized service-related messages, as well as promotional messages that may be of specific interest to you (as further described in Section 6 below);
7. To facilitate, sponsor and offer certain events, contests and promotions;
8. To support and enhance our data security measures, including for the purposes of preventing and mitigating the risks of fraud, error or any illegal or prohibited activity;
9. To create aggregated statistical data, inferred non-personal data or anonymized or pseudonymized data (rendered non-personal), which we or our business partners may use to provide and improve our respective services, or for any other purpose; and
10. To comply with applicable laws and regulations.

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We do not sell your personal information, including though not solely as defined under the California Consumer Privacy Act (CCPA). 

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3. Data Location & Retention

Data Location: Given the fact that HUMBL operates in many jurisdictions worldwide, your personal data may be maintained, processed and stored by us and our authorized Service Providers (defined below) in multiple locations, including in the United States, the EU and other jurisdictions, as reasonably necessary for the proper performance and delivery of our Services, or as may be required by law.

While privacy laws may vary between jurisdictions, HUMBL and its Service Providers are each committed to protect personal data in accordance with this Privacy Policy, reasonable and customary industry standards, and such appropriate lawful mechanisms and contractual terms requiring adequate data protection, regardless of any lesser legal requirements that may apply in the jurisdiction to which such data is transferred.  For data transfers from the EU or UK we have entered into Standard Contractual Clauses. You can obtain a copy by contacting us as indicated in Section 10 below.

Data Retention: We will retain your personal data for as long as it is reasonably necessary for us to maintain and expand our relationship and provide you with our Services and offerings; in order to comply with our legal and contractual obligations; or to protect ourselves from any potential disputes (i.e. as required by laws applicable to financial solutions, log-keeping, records and bookkeeping, and in order to have proof and evidence concerning our relationship, should any legal issues arise following your discontinuance of use), all in accordance with our contractual terms and data retention policy.

Please note that except as required by applicable law or our specific agreements with you, we will not be obligated to retain your personal data for any particular period, and we are free to securely delete it or restrict access to it for any reason and at any time, with or without notice to you. If you have any questions about our data retention policy, please contact us by email at [email protected].

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4. Data Sharing

Legal Compliance: In exceptional circumstances, we may disclose or allow government and law enforcement officials access to your personal data, in response to a subpoena, search warrant or court order (or similar requirement) and where such disclosure is necessary to comply with applicable laws and regulations. Such disclosure or access may occur if we believe in good faith that: (a) we are legally compelled to do so; (b) disclosure is appropriate in connection with efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing; or (c) such disclosure is required to protect the security or integrity of our Services.

Service Providers: We engage selected third-party companies and individuals to perform services complementary to our own. Such Service Providers may provide hosting and server co-location services, communications and content delivery networks (CDNs), billing and payment processing services, data and cyber security services, fraud detection and prevention services, web and mobile analytics, e-mail, text messages and web/mobile notification distribution, monitoring and analytics services, data optimization and marketing services, social and advertising networks, content providers, e-mail, voicemails, support and customer relation management systems, call and session recording services, and our legal, financial and compliance advisors (collectively, “Service Providers“).

These Service Providers may have access to your personal data, depending on each of their specific roles and purposes in facilitating and enhancing our Services, and may only use it for such limited purposes as determined in our agreements with them. Should you decide to directly engage with any of HUMBL’s Service Providers, please note that such engagement is beyond the scope of the terms applicable to your engagement with HUMBL, including this Privacy Policy, and will therefore be covered by the Service Provider’s terms and policies.

Our Service Providers shall be deemed as ‘processors’ in circumstances where HUMBL assumes the role of ‘controller’; and where HUMBL acts as the ‘processor’ for our Merchant, the Service Provider shall be deemed our ‘sub-processor’, as further described in Section 9 below.

Third Party Websites and Services: Our Services may also include links to third-party websites, and integrations with third party services (such as Wyre). Such websites and third-party services, and any information you process, submit, transmit or otherwise use with such websites and third-party services, are governed by such third party’s terms and privacy practices and policies, and not by this Privacy Policy. We encourage you to carefully read the terms and privacy policies of such websites and third-party services.

Sharing Personal Data with our Merchants and their own Users: We may share your personal data with the Merchant owning the account to which you are subscribed as a User on behalf of such Merchant, including data and communications concerning your use of the Services or other interactions with us (but only in relation to that Merchant account). In such cases, sharing such data means that the account’s administrator(s) or other individuals that are part of the same Merchant account may access it on behalf of our Merchant, and will be able to monitor and review data such as orders, payments and collection of funds via our Services, as well as access any personal data that was submitted to the Services.

Sharing data between Users and Merchants: In order to provide our Services, we also share certain details about Users and Merchants with each other. This is required to connect between Users and Merchants based on preferences, location, or other parameters. For example, Users may search for specific goods or for Merchants in their proximity, after which they will be able to contact the relevant Merchant.

Sharing Personal Data with cryptocurrency exchanges: We may share your personal data with cryptocurrency exchanges if you purchase or sell cryptocurrency using our Services.

Sharing data between Buyers and Sellers of NFTs: In order to provide our Services, we also share certain details about Buyers and Sellers of NFTs with each other. This is required to facilitate the NFT marketplace, register bids for NFTs, enable Sellers to collect payment for NFTs purchased via the Services, and in order to connect between Buyer and Sellers based on preferences, location, or other parameters. For example, a Buyer may search for specific NFTs in relation to Sellers they follow, after which they will be able to contact the relevant Seller.

Protecting Rights and Safety: We may share your personal data with others if we believe in good faith that this will help protect the rights, property, or personal safety of HUMBL, any of our Users, partners or Merchants, or any members of the general public.

HUMBL Subsidiaries and Affiliated Companies: We may share personal data internally within our group of companies, for the purposes described in this Privacy Policy. In addition, should HUMBL or any of its subsidiaries or affiliates undergo any change in control or ownership, including by means of merger, acquisition or purchase of substantially all or part of its assets, your personal data may be shared with the parties involved in such an event. If we believe that such change in control might materially affect your personal data then stored with us, we will notify you of this event and the choices you may have via e-mail or prominent notice on our Services.

For the avoidance of doubt, HUMBL may share your personal data in additional manners, pursuant to your explicit approval, or if we are legally obligated to do so, or if we have successfully rendered such data non-personal and/or anonymous. We may transfer, share or otherwise use non-personal data at our sole discretion and without the need for further approval.

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5. Cookies & Tracking Technologies

Cookies are packets of information sent to your web browser and then sent back by the browser each time it accesses the server that sent the cookie. Some cookies are removed when you close your browser session. These are the “Session Cookies.” Some last for longer periods and called “Persistent Cookies.” We use both types.

We use Persistent Cookies to remember your log-in details and make it easier for you to log-in the next time you access the Services. We may use this type of cookies and Session Cookies for additional purposes, to facilitate the use of the Services’ features and tools.

Every browser allows you to manage your cookies preferences. Please bear in mind that disabling cookies may complicate or even prevent you from using certain parts of features of the Services. However, the use of cookies may be subject to additional rules including your consent, as further explained in our Cookie Policy.

Please note that if you get a new computer or device, install a new browser, erase or otherwise alter your browser’s cookie file (including upgrading certain browsers), you may also clear the opt-out cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.

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6. Communications

Service Communications: We may send you notifications (through any of the means available to us, including by email or SMS) of changes or updates to our Services, billing issues, service changes, etc. However, please note that you will not be able to opt-out of receiving certain service communications which are integral to the operation of our Services and your use thereof (like billing notices).

Promotional Communications: We may also notify you about new features, additional offerings, better ways to use the Services, events and special opportunities or any other information we think you will find valuable. We may provide such notices through any of the contact means available to us (e.g., phone, SMS, mobile notifications or e-mail), through the Services, or through our marketing campaigns on any other sites or platforms.

If you do not wish to receive such promotional communications, you may notify HUMBL at any time by contacting us at [email protected], or by following the “unsubscribe”, “stop”, “opt-out” or “change e-mail preferences” instructions contained in the promotional communications you receive.

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7. Data Security

We and our hosting services implement systems, applications and procedures to secure your personal data, and to reduce the risks of theft, damage, loss of data, or unauthorized access or use of personal data. These measures are aimed to provide sound industry standard security. However, although we make efforts to protect your privacy, we cannot guarantee that the Services will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.

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8. Data Subject Rights

If you wish to exercise your rights under any applicable law, such as the EU General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA), to request access to, and rectification or erasure of your personal data held with HUMBL, or to restrict or object to such personal data’s processing, or to port such personal data or to exercise the right to equal services and prices (each to the extent available to you under the laws which apply to you), please contact us at [email protected].  If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or in the UK as applicable to you.

When you ask us to exercise any of your rights under this policy or applicable law, we may need to ask you to provide us certain credentials to make sure that you are who you claim you are, to avoid disclosure to you of personal data related to others and to ask you to provide further information to better understand the nature and scope of the data to which your request pertains. Such additional information will be then retained by us for legal purposes (e.g., as proof of the identity of the person submitting the request), in accordance with Section 3 above.

We may redact from the data which we will make available to you, any personal data or confidential information related to others.

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9. Controller/Processor

Certain data protection laws and regulations, such as the GDPR or the CCPA, typically distinguish between two main roles for parties processing personal data: the “controller” (or the “business” under the CCPA), who determines the purposes and means of processing; and the “data processor” (or the “service provider” under the CCPA), who processes the data on behalf of the controller. Below we explain how these roles apply to our Services, to the extent that such laws and regulations apply.

HUMBL is the “controller” of personal data pertaining to its Users, Buyers, Merchants, Sellers, investors, visitors and prospects, and assumes the responsibilities of a controller (solely to the extent applicable under law), as set forth in this Privacy Policy. In such instances, our Service Providers processing such data will assume the role of “processor”.

HUMBL is the “processor” of registration and deregistration data pertaining to business Merchants’ User accounts (solely to the extent that such data is shared by our Merchant during the onboarding process). In such instances, our Merchant shall be deemed the “controller” of such data, and HUMBL will process such data on the Merchant’s behalf, as its “processor”, in accordance with its reasonable instructions, subject to this Privacy Policy, and the commercial and data processing agreements executed between HUMBL and such Merchants (as applicable). HUMBL’s Service Providers shall then act as designated sub-processors in these instances. HUMBL’s Merchant will be responsible for meeting any legal requirements applicable to controllers (such as obtaining their consent or establishing other legal basis for processing). In certain circumstances, when NFT auctions take place on a Partner's website, HUMBL will process Buyer and Seller data as a data processor on behalf of the Partner.

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10. Additional Notices & Contact Details

Updates and Amendments: We may update and amend this Privacy Policy from time to time by posting an amended version on our applicable platforms. The amended version will be effective as of the date it is published. We will provide a 10-day prior notice if we believe any substantial changes are involved via any of the communication means available to us or via the Services. After such notice period, all amendments shall be deemed accepted by you.

External Links: While our Services may contain links to other websites or services, we are not responsible for their privacy practices. We encourage you to pay attention when you leave our Services for the website or application of such third parties, and to read the privacy policies of each and every website and service you visit. This Privacy Policy applies only to HUMBL’s Services. For example, one of our Services key integrations is with a third-party service provided by Stripe, which is responsible for executing and facilitating payments between Users and Merchants, and therefore we advise you to review Stripe’s privacy policy.

Our Services are not designed to attract children under the age of 16: We do not knowingly collect personal data from children and do not wish to do so. If we learn that a person under the age of 16 is using the Services, we will attempt to prohibit and block such use and will make our best efforts to promptly delete any personal data stored with us with regard to such child. If you believe that we might have any such data, please contact us by e-mail at [email protected].

Data Protection Officer: HUMBL has appointed a third-party vendor, PrivacyTeam, as our Data Protection Officer (DPO), for monitoring and advising on HUMBL's ongoing privacy compliance and serving as a point of contact on privacy matters for data subjects and supervisory authorities. If you have any comments or questions regarding our Privacy Policy, if you have any concerns regarding your privacy, or if you wish to make a complaint about how your personal data is being processed by HUMBL, please contact our DPO at [email protected]

EU / UK Representative: Dr. Andreas Mätzler of Prighter has been designated as HUMBL’s representative in the European Union and the United Kingdom for data protection matters. Inquiries regarding our EU & UK privacy practices may be sent by e-mail to [email protected] or by post as follows:

EU enquiries may be sent to: Prighter, Schellinggasse 3/10, Vienna 1010, Austria.

UK enquiries may be sent to: Prighter, Kemp House 160, City Road, EC1V 2NX, London, UK.

If you are a GDPR-protected individual, you also have the right to lodge a complaint with the relevant supervisory authority in the EU or in the UK as applicable to you.

 

Questions, concerns or complaints: If you have any comments or questions regarding our Privacy Policy, or if you have any concerns regarding your personal data held with us, please contact us at: [email protected]

 

Last updated: September 22, 2021

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HUMBL, Inc. ("HUMBL," "we," "our," or "us") uses certain monitoring and tracking technologies, such as cookies, beacons, pixels, tags, and scripts (collectively, “Cookies”). These technologies are used in order to provide, maintain, and improve our website (the “Services”), to optimize our offerings and marketing activities, and to provide our visitors and users (“you,” or “your”) with a better experience (for example, to track your preferences, to better secure our Services, to identify technical issues, and to monitor and improve the overall performance of our Services).

This page contains information on what Cookies are, the Cookies used on our Services, how to reject Cookies, and some useful links for further reading on the subject. If you are unable to find the information you were looking for, or if you have any further questions about the use of Cookies on our Services, please email [email protected].

For more information about our general privacy practices, please visit our Privacy Policy.

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1. What are Cookies?

Cookies are small text files that are stored through the browser on your computer or mobile device (for example, Google Chrome or Safari) when you visit a website. They allow the site to store information like login information or language preference. You can think of Cookies as providing a so-called memory for the website, so that it can recognize you when you come back and respond appropriately. You are not obligated to accept all Cookies in order to visit our website, however, enabling Cookies may allow for a more personalized browsing experience and is required for most of our Services to work. ‍

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2. How do we use Cookies?

HUMBL may use several different types of Cookies on our website:

Essential Cookies: these Cookies are necessary for the Services to function properly and cannot be disabled. They are usually only set in response to actions made by you, enabling functions like navigation, or setting preferences. These Cookies do not store information about you that will be used for other purposes.

Preferences & Functional Cookies: these Cookies enable the Services to provide enhanced functionality and personalization. They may be set by us (first-party Cookies) or by third-party providers who work with us (third-party Cookies).

Performance & Analytics Cookies: these Cookies are for internal use only. They help us to secure and maintain our Services, and to remember your preferences for tools found on the Services. They are also used for gathering analytics data on how you interact with our Services and to improve performance of the site accordingly. If you do not allow these Cookies, we would not know when you have visited our site.

Targeting & Advertising Cookies: these Cookies make advertisements more relevant to you. Our advertising partners may use these Cookies to show you relevant ads on different websites by uniquely identifying your browser and internet device.

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3. How long do Cookies last?

The length of time that a Cookie stays on your device varies according to its purpose.

A Cookie that remains on your device after your session concludes (until it expires or is deleted) is called a “Persistent Cookie.” Persistent Cookies are used for different purposes, such as tracking your preferences, login information, your interaction with our Services, and the effectiveness of our targeting Cookies.

A Cookie that is automatically deleted once your session is concluded is called a “Session Cookie.” Session Cookies are used for the duration of your stay on our site and are automatically deleted when you exit the browser.

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4. Which Cookies do we use?

Cookie Source: HUMBL | Purpose: Essential | Description: Provide HUMBL services

Cookie Source: Stripe | Purpose: Essential | Description: Payment processing

Cookie Source: Cdn.taboola.com | Purpose: Functional | Description: Distinguish between humans and bots

Cookie Source:  Kelltontech.net | Purpose: Marketing | Description: Track visitors on multiple websites in order to present advertisements based on visitors preferences
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5. How can you reject or remove Cookies?

You have a choice regarding the use of Cookies as described in this policy. Please note that rejecting or removing certain Cookies may result in inadequate Services.

You can adjust your web browser settings, usually located in the ‘Options’ or ‘Preferences’ menu of your browser. In order to delete stored Cookies or to change these settings, the following links may be helpful:

• Internet Explorer
• Google Chrome
• Mozilla Firefox
• Safari (Desktop)
• Safari (Mobile)
• Android browser
• Opera

If you are primarily concerned about third-party Cookies generated by advertisers, and you live in the US, Canada, Europe or the UK, you can also opt out from the collection of your data by our advertising partners who participate in the Digital Advertising Alliance.

Opt-out by visiting:

• US: www.aboutads.info/choices
• Canada: www.youradchoices.ca/choices
• EU: https://www.youronlinechoices.eu/
• UK: https://www.youronlinechoices.com/uk/

In addition, on your mobile device (e.g., iPhone, iPad or Android), you can change your device settings to control whether you see online interest-based ads.

Please note that when you get a new computer, install a new browser, erase or otherwise alter your browser’s Cookie file (including upgrading certain browsers), you may also clear the opt-out Cookies installed once you opt-out, so an additional opt-out will be necessary to prevent additional tracking.

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6. Useful links

For more information regarding Cookies, you may find the following websites useful:

• www.allaboutcookies.org
• www.youronlinechoices.co.uk

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7. “Do Not Track” signals

Some web browsers may transmit “Do Not Track” signals to websites with which the browser communicates, telling the website not to follow its online movements. Because of differences in how web browsers interpret this feature and send those signals, and lack of standardization, it is not always clear whether visitors and users intend for these signals to be transmitted or whether they are even aware of them. Therefore, as many other reputable websites, we currently do not respond to such “Do Not Track” signals.

Effective date: September 22, 2021

Overview

This privacy statement explains how and why HUMBL collects, stores, uses, and shares personal data when you visit our websites or use our services. Reading it will help you understand your privacy rights and choices.

“Personal data” in this statement means information about you, including your identity, finances, and online behavior.

“HUMBL” in this statement means HUMBL, Inc. This privacy statement only applies to HUMBL and the services offered by HUMBL. To learn about our privacy practices for our third party partners, visit the website and review the privacy statement for that product or service offered by the applicable third party partner.

When it comes to how your personal data is collected, stored, used, and shared, you have rights and choices.‍

Understanding your rights

You have the right to request a copy of the personal data we’ve collected about you in the past 12 months. You also have the right to ask us to delete the personal data we have collected about you. If you want to see or delete your personal data, contact us. We will not deny you services, charge you different prices, or provide you with a different level of service solely for exercising your privacy rights.

If you request to see or delete your personal data, we’ll first need to verify who you are before we can respond to your request. If we can’t verify your identity, we will not be able to fulfill your request.

If you want to delete your personal data, you have choices:

• Log in to your account and delete information you previously added. For example, you can delete your profile picture and non-primary addresses in your settings
• Call us and request that we delete specific information
• Close your account

If you close your account or request that we delete personal data, we still need to keep some personal data so we can:

• Complete a transaction, provide goods or services you requested, or comply with our promises to you in the User Agreement or other contract you have with us
• Detect and prevent malicious, fraudulent, or illegal activity
• Protect your (or another person’s) legal rights, including the right to free speech
• Manage our internal business processes that are reasonably related to your expectations when using our services
• Comply with laws

Depending on where you live and what type of account you use, you may have different rights and choices for managing your personal data. For example, certain state privacy laws do not apply to personal data collected, processed, or disclosed by a financial institution according to federal laws, such as the Gramm-Leach-Bliley Act. Consumers may read our Consumer Privacy Notice for more information about their rights under US federal law.‍

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Understanding your choices

You can control how personal data is collected or shared, as well as how we communicate with you. Here are some of the ways you can customize your choices.

Choose how we collect personal data

You may choose to limit the personal data you provide when our apps or services request it. To help make choices that are right for you, it’s important to understand that persona l data helps us provide a richer, more personalized experience for you. Also, some personal data is required for our services to function at all.

For example, sharing your contacts helps make it easier for you to find the people you want to send money to. If you choose not to share your contacts with us, you can still use our mobile apps, but some actions may not be as fast or easy as it would be if you shared your contacts. Another example is creating an account with us. If you choose not to provide information that is required for an account to function, like your name and email address, we will not be able to create an account for you.

Choose how connected accounts collect and use personal data

If you connect your account to a third-party service, you may be able to manage how your personal data is collected, used, and shared by them. Read the third parties’ privacy policies to see the choices they offer you.

You can control which third-party services you connect to your account and what personal data they can collect about you. For example, to manage the permissions, go to the Security settings in your HUMBL account.

Choose how we communicate with you

Your choices about how we communicate with you differ depending on the purpose of the message and how it is delivered. Some messages are considered optional and some are necessary for you to manage your accounts with us. We use email, text messages, push notifications on your mobile device, and even paper mail depending on the situation and your preferences.

You can click the unsubscribe link in a marketing email, opt out of a text message by replying “STOP,” or turn off notifications on your device. You can also change your account’s notification settings or the notification preferences on your device.

You won’t be able to opt out of messages that are considered necessary for you to manage your account, such as receipts and emails that alert you to changes in your account’s status that require your attention. You may be able to decide how we send those messages, such as by email, text message, or a notification on your mobile device.

The personal data we collect

We may collect your personal data when you register for or use our services, such as when you create an account, make a payment, or make a purchase on a merchant’s website.

If you use our services without creating or logging into an account, we’ll still collect personal data, which may include your payment information, device information, and location. When you use our services without creating or logging into an account, we will use this information to process transactions, prevent fraud and comply with the law. We may connect this information with your account, if you have one or if you create an account at a later date.

Here are the kinds of personal data that we may collect when you create an account or use our services:

1. Information that identifies you, for example:

• First and last name
• Address
• Phone number
• Email
• IP address
• Information collected from cookies or other tracking technologies

2. Records and financial information, for example:

• Social Security Number
• Government-issued identification
• Bank account and routing numbers
• Credit and debit card information
• Financial information

3. Personal characteristics, for example:

• Age
• National origin
• Disability
• Citizenship
• Military status

4. Commercial information, for example:

• Online shopping cart information
• Purchase history‍

5. Internet or network activity, for example:

• Interactions with our services or sites
• Shopping history

6. Geolocation data, for example:

• Global Positioning System (GPS) information when you give us permission through your device settings
• IP-based geolocation

7. Audio, electronic, visual, or similar information, for example:

• Call recordings when you talk to customer service
• Photo IDs and profile pictures you provide

8. Professional or employment information, for example:

• Business information, contact emails and phone numbers
• Tax IDs

9. Information we infer based on your personal data, for example:

• Fraud and risk assessments
• Personalization preferences

Where personal data comes from

We may collect personal information about you from various sources, for example from:

• You
• Merchants
• Our payment partners, such as card networks and payment processors
• Financial institutions, such as banks
• Credit bureaus
• Service providers, such as companies that help us manage risk and fraud, deliver services to you, and market our services

We do not knowingly collect personal information from people who are not allowed to use our sites and services, such as children under the age of 13.

‍Contact us if you believe that we’ve mistakenly collected personal data from someone not allowed to use our services. We’ll delete it immediately, unless we’re legally required to keep it.

How we use tracking technologies like cookies

We or our authorized service providers may use cookies and similar tracking technologies to collect personal data whenever you use our services, visit our sites, or visit websites that offer our services. The information collected with these technologies helps us personalize your experience, measure the effect of our ads, prevent fraud and enhance the security of our sites and service.

You can disable or decline some cookies for our sites and services. But, since some parts of our service rely on cookies to work, those services could become difficult or impossible to use.

Some web browsers have an optional setting called “Do Not Track” (DNT) that lets you opt-out of being tracked by advertisers and some third parties. Because many of our services won’t function without tracking data, we do not respond to DNT settings.

If you want to know more about how we use cookies, read our ‍Cookie Statement. To learn how to opt-out of this kind of tracking technology, visit About Ads.

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Why we collect personal data

We collect personal data for many reasons, including to improve your experience, and to run our business. Specific reasons why we collect your personal data include:

1. Run our sites and provide better services, for example to help you send or request money, make purchases, show you your account information, verify access to your account, and keep your account and payment information up to date.‍
2. Manage and improve our business. For example, we do user research to improve our products’ performance and abilities. We also monitor and analyze our sites to help ensure they work as expected.
3. Protect our business and our customers from risk and fraud, including fraud that involves our business partners, strategic ventures, or other individuals and merchants.
4. Send you marketing information about our products and services. We may use personal data to market about our partners, such as merchants. We use personal data to better understand and cater to your interests.‍
5. Personalize your experience when you use our sites and services, as well as other third-party sites and services. In this case, we might use tracking technologies like cookies. See our Cookie Statement for more details.
6. Send you locally relevant options, but only if you agree to let us track your location. If you do, this can help us enhance the security of our sites and services, and customize our services by using the right language and personalizing content such as ads and search results.
7. Make it easy for you to find and connect with others. For instance, if you let us access your contacts, we can suggest connections with people you may know.
8. Contact you when you need us, such as answering a question you sent to our customer service team.‍
9. Comply with laws and enforce our agreements with you and other people who use our services.

How and why we share personal data

We do not sell your personal data. However, we may share personal data across our services and with other members of the HUMBL corporate family. Sometimes we share the personal data we collect with third parties to help us provide services, protect our customers from risk and fraud, market our products, and comply with legal obligations.

You can review the personal data that we may share by reviewing The personal data we collect section.

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We may share personal data with:

1.    Other members of the HUMBL corporate family

2.    Service providers that help us with processing payments, marketing, research, compliance, audits, corporate governance, communications, and security

3.    Card networks and payment processors

4.    Credit reporting and collections agencies

5.    Courts, governments, regulators and law enforcement when accompanied by a subpoena or other legal documentation that requires HUMBL or members of our corporate family to respond

6.    People involved in a transaction, such as other users or merchants and their service providers.

7.    Third parties that you asked us to connect with, such as other financial or social media apps. If you want us to stop sharing information with a third party, disconnect your account from that third party.

8.    Third-party tools used to help fight spam and abuse.

9. Other third parties to:

• Comply with laws
• Investigate or enforce violations of our user agreement
• Facilitate a merger, purchase, or sale of part or all of our business
• Comply with card association rules
• To prevent physical harm or illegal activity

How we protect your personal data

Helping to keep your personal data safe against loss, misuse, unauthorized access, disclosure, and alteration is our top priority.

To protect your personal data, we use technical, physical, and administrative security measures that include:

• Firewalls
• Data encryption
• Physical access controls at our data centers

While we protect our systems and services, you’re responsible for keeping your password(s) and account information private. You are also responsible for making sure your personal information is accurate and up to date.

If your account is closed, we may keep your personal data and other information as required by law and according to our data retention policy. If we do, we’ll continue to handle it as we describe in this statement.

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How this statement changes over time

We’ll make changes to this privacy statement from time to time. This helps us stay up to date with changes to our business and the most current laws. After a new version is published, we’ll collect, store, use, and protect your personal data as we outline in that revised statement.

If the new version reduces your rights or increases your responsibilities, we’ll post it on the Policy Updates or Privacy Statement page of our website at least 21 days before it becomes effective.

We may notify you about these changes through email or other communications.

Contact Us

If you have questions about this privacy statement or your personal data, contact us so we can help.

Email HUMBL Customer Service at [email protected]

Welcome to the HUMBL NFT Marketplace (the “Marketplace” or the “Platform”)! The HUMBL NFT Marketplace is owned and operated by HUMBL, Inc. (“HUMBL,” “we,” “us” or “our”). It is a platform that facilitates the purchase, sale and display of non-fungible tokens. These Terms of Use, together with HUMBL’s Privacy Policy, and any documents they expressly incorporate by reference, govern your access to and use of the HUMBL NFT Marketplace, including any content, functionality, and services offered on or through https://www.humblpay.com (the “Site”) and the online and/or mobile services, and software provided on or in connection with transactions on the Site (collectively, the “Services”).

You may only use the Services by linking your digital wallet on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an unhosted electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency. In connection with using the Services, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to purchase a non-fungible token (“NFT”), your order is passed on to the applicable extension, which completes the transaction on your behalf.

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1. ACCEPTANCE OF TERMS

These Terms of Use set out your rights and responsibilities when you use the HUMBL NFT Marketplace to buy, sell, or display NFTs or create a collection of NFTs, so please read them carefully. The HUMBL NFT Marketplace is an administrative platform that facilitates transactions between a buyer and a seller but is not a party to any agreement between the buyer and seller of NFTs or between any users and is not involved in settling or transmitting payment for such transactions. By clicking on the “I Accept” button, completing the account registration process, or using the Site, you accept and agree to be bound and abide by these Terms of Use and all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Site.

All transactions initiated through our Services are facilitated and run by third-party platform partners, and by using our Services you agree that you are also governed by the terms of service and privacy policy for the applicable third-party platform partner. To bid on or purchase an NFT, you must agree to Wyre Payments Inc. Terms of Use, OpenSea’s Terms of Service as well as the applicable digital wallet extension’s terms. For MetaMask, those terms are available at (https://metamask.io/terms.html) and (https://metamask.io/privacy.html).

Please read our Terms of Use carefully. These Terms of Use state that any disputes between you and HUMBL must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action.

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2. UPDATES & CHANGES TO TERMS

Because HUMBL provides a wide and growing range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. Your use of the Services constitutes your acknowledgment and acceptance of the specific requirements and terms of use for certain of the Services.

HUMBL reserves the right to change or modify these Terms of Use at any time and in our sole discretion. If we make changes to these Terms of Use, we will attempt to provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

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3. HUMBL NFT MARKETPLACE ACCOUNT REGISTRATION

You need to create a User Account (“Account”) with HUMBL to use the Services. When you create an account, we will ask you for information about yourself. We may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.

By creating an Account, you agree to (1) provide accurate, current and complete Account information about yourself, (2) maintain and promptly update from time to time as necessary your Account information, (3) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (4) immediately notify us if you discover or otherwise suspect any security breaches related to the Services, or your Account. HUMBL will block multiple accounts of the same user.

You further agree that you will not (1) create another account if we’ve disabled one you had unless you have our written permission first; (2) buy, sell, rent or lease access to your Account or username unless you have our written permission first; (3) share your Account password with anyone; or (4) log in or try to log in to access the Services through unauthorized third-party applications or clients.

You agree that HUMBL has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used to facilitate money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; or (4) you have engaged in transactions in violation of these Terms. HUMBL may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.

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4. COMMUNICATION

By creating an Account, you consent to receive electronic communications from HUMBL (e.g., via email or by posting notices to the Service). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

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5. HUMBL CONTENT

Unless otherwise indicated in writing by us, the Services and all other materials contained therein, including, without limitation, the HUMBL logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “HUMBL Content”) are the proprietary property of HUMBL or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in these Terms, the Services and HUMBL Content may include software components provided by HUMBL or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The HUMBL logo and any HUMBL product or service names, logos or slogans that may appear on the Services are trademarks of HUMBL or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “HUMBL” or any other name, trademark or product or service name of HUMBL or our affiliates without our prior written permission. In addition, the look and feel of the Services and HUMBL Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of HUMBL and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and HUMBL names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by HUMBL.

You are hereby granted a limited, nonexclusive, non transferable, non sublicensable license to access and use the Services and HUMBL Content; provided, however, that such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Service or HUMBL Content, (b) distribute, publicly perform or publicly display any HUMBL Content, (c) modify or otherwise make any derivative uses of the Services or HUMBL Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or HUMBL Content, except as expressly permitted by us, and (f) use the Services or HUMBL Content other than for their intended purposes.

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray HUMBL or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of HUMBL to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any HUMBL trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.

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6. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:

• Provide false or misleading information to HUMBL;
• Use or attempt to use another user’s Account without authorization from such user and HUMBL;
• Pose as another person or create a misleading username;
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Services;
• Reverse engineer any aspect of the Services, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Services;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Services that you are not authorized to access;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
• Use data collected from our Services to contact individuals, companies, or other persons or entities;
• Use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
• Bypass or ignore instructions that control all automated access to the Services;
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
• Use the Ethereum Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Ethereum Platform, or the Services;
• Engage in wash trading or other deceptive or manipulative trading activities;
• Place misleading bids or offers;
• Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
• Use the Services to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.

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7. INTELLECTUAL PROPERTY

HUMBL reserves the right to remove content without prior notice. HUMBL will take down content in response to formal infringement claims and will terminate a user's access to the Services if the user is determined to be a repeat infringer.

If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting us at:

600 B Street, Suite 300, San Diego CA 92101.

Formal infringement claims regarding content on the Services must include:

• A written communication delivered to the agent designated above;
• A physical or electronic signature of someone authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work(s) allegedly infringed;
• Identification of material claimed to be infringing, reasonably sufficient to permit HUMBL to locate the material;
• Information reasonably sufficient to permit HUMBL to contact the complaining party. This can be an address, phone number, email address, or other suitable method of contact;
• A statement that the “complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and”
• A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of copyright owner.

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8. LIMITED RIGHTS OF NFT OWNERS

As an owner of an NFT, you may not: copy, modify, edit or reverse engineer any part of the NFT including the imagery, colors, design, look and feel, format or other features or attributes, use the NFT as part of another work including any film, image, audio work, print or other form of media, subject the NFT to derogatory treatment, use the NFT for any commercial purpose including for advertising or promoting any business, products or services, create any commercial products such as merchandise which feature, refer to or otherwise liken themselves to the NFT, use the NFT (or the Platform) for any purposes connected with hatred, racism, violence, gambling, slavery, intolerance, cruelty, unsolicited promotions or harassment, sales, spam, or for any purpose that infringes the rights of others or which is unlawful in any way, protect (or claim to protect) the NFT with any additional intellectual property rights such as trademarks, patents or registered designs, or use the NFT in any way not part of the NFT's “Rights Attached and Permitted Purposes” document.

You must not remove or obscure any signature of the NFT creator or other information as to the attribution of a creation, or take any steps that may have the effect of misleading others as to the identity of the NFT creator. You may use the Platform for non-commercial purposes only. We are not liable for any business losses.

Any economic benefit that may be derived from appreciation in the value of the NFT is incidental to obtaining it for its NFT purpose.

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9. THIRD PARTIES

The HUMBL NFT Marketplace relies on third-party platforms, including but not limited to OpenSea, Wyre Payments Inc. and MetaMask, to perform NFT transactions. Our Service may contain links to third-party websites or applications (collectively, “Third Party Sites”). HUMBL does not own or control Third Party Sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. HUMBL is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

HUMBL provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. We may, but are not obligated to, warn you that you are leaving our Site. When you leave our Site, our Terms and policies no longer govern.

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10. UNIQUE RISKS ASSOCIATED WITH DIGITAL ASSET TRANSACTIONS

You accept and acknowledge:

• The price and liquidity of blockchain assets are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect NFTs, which may also be subject to significant price volatility.
• Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs. NFTs are not legal tender and are not backed by the government.
• You are solely responsible for determining what, if any, taxes apply to your NFT transactions. HUMBL is not responsible for determining the taxes that apply to NFT transactions.
• Our Service does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFTS occurs within the supporting blockchain and not on this Service.
• There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that HUMBL will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
• A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of NFTs.
• The Services rely on third-party platforms such as OpenSea, Wyre Payments Inc. and MetaMask to perform NFT transactions. If the terms and conditions or pricing of such platform providers change or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Services will suffer.
• There are risks associated with purchasing or selling NFTs including but not limited to the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become non-transferable. Assets you purchase may also become inaccessible on the Marketplace.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that HUMBL does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use the Services at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that HUMBL will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

HUMBL is an administrative platform only. We are not a broker, financial institution, or creditor. HUMBL facilitates transactions between the buyer and seller in the auction but is not a party to any agreement between the buyer and seller of NFTs or between any users.

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11. TICKETING LIABILITY

From time to time, you may have the opportunity to purchase tickets to events through the Services.  The events occur at and/or are operated by various venue operators and/or promoters (“Promoter(s)”).  The following provisions are applicable to the purchase of such tickets, in addition to all the other terms stated in these Terms of Use.

Tickets sold through the Services grant you only a revocable license to the ticket(s) that may be revoked at any time for any reason.  Resale or attempted resale of any ticket(s) issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation.  You assume all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction.  The terms of sale of each ticket issued pursuant to a transaction initiated on the Services are subject to any and all terms imposed by the applicable Promoters.  In order to be admitted to an event, you must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time.  Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.

All sales are final.  No refunds or exchanges for tickets purchased through the Services will be made.  Each Promoter may have additional policies regarding refunds or exchanges, but HUMBL is entitled to retain all fees collected through the Services that we perform in taking orders and delivering tickets, including, if applicable, shipping, handling, and service charges.

Not withstanding the issuance of tickets through the Services, the Promoter may cancel the event, may change the scheduled performers, or may change the event date without notice.  Any such change will not be considered a cancellation of the performance.  Where events are held at outdoor venues, the risk of inclement weather is assumed by you.  In the event that a Promoter offers to refund the base ticket price of the canceled event, you must make the request for refund no later than 10 business days of the originally scheduled date.  In the event that a performance is rescheduled and the base price refunds are authorized by the Promoter, any refund request must be made to HUMBL prior to the show and all tickets must be returned to HUMBL no later than 10 business days after the rescheduled date and/or refund request, whichever is earlier.  HUMBL is entitled to retain all fees collected through this website for services that it performs in taking orders and delivering tickets, including shipping, handling, and service charges, regardless of whether a show is rescheduled or canceled.

To the extent relevant, lost or stolen tickets will not be replaced.

No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to you through the Services.  A violation of this policy will be grounds for revocation of all tickets issued to you and/or ejection from the applicable venue.

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12. DISCLAIMERS OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HUMBL, THE SERVICES, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HUMBL MAKES NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. HUMBL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE, CONTENT CONTAINED THEREIN. HUMBL DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE HUMBL ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, HUMBL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, ANY CRYPTO ASSETS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

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WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.

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NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT HUMBL CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.

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HUMBL IS NOT RESPONSIBLE FOR SUSTAINED CASUALTIES DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF NFTS. HUMBL IS NOT RESPONSIBLE FOR CASUALTIES DUE TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING NFTS INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.

THE SELLER REPRESENTS AND WARRANTS THAT THEY HAVE ALL THE NECESSARY LEGAL PERMISSIONS, RIGHTS AND LICENSING, TO SELL THE NFTS THAT THEY POST ON HUMBL GALLERY (NFT PLATFORM).

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

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13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL HUMBL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF HUMBL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HUMBL ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, NFTS, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY HUMBL FROM THE SALE OF NFTS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF HUMBL FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF HUMBL’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF HUMBL’S FRAUD OR FRAUDULENT MISREPRESENTATION.

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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.

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15. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless HUMBL, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “HUMBL Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services, content or NFTs, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user, OpenSea, Wyre Payments Inc., or MetaMask. You agree to promptly notify HUMBL of any third party Claims and cooperate with the HUMBL Parties in defending such Claims. You further agree that the HUMBL Parties shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND HUMBL.

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16. MODIFICATIONS OF THE SERVICE

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time. You agree that HUMBL will not be liable to you or to any third party for any such modification, suspension, or discontinuance of any of the Services.

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17. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the following section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HUMBL agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes. We operate the Services from our offices in California, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.

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18. DISPUTE RESOLUTION; ARBITRATION

A. Dispute Resolution. Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with HUMBL and limits the manner in which you can seek relief from us.

B. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with HUMBL, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or HUMBL may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

C. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to HUMBL. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, HUMBL will pay them for you. In addition, HUMBL will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

D. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HUMBL. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

E. Waiver of Jury Trial. YOU AND HUMBL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and HUMBL are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified otherwise herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

F. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A OR COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the State of Delaware. All other claims shall be arbitrated.

G. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: 600 B Street, Suite 300, San Diego CA 92101, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

H. Severability. Except as provided otherwise herein, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

I. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with HUMBL.

J. Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if HUMBL makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to HUMBL at the following address: 600 B Street, Suite 300, San Diego CA 92101.

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19. TERMINATION

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

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20. SEVERABILITY

If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

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21. SURVIVAL

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

These Terms along with HUMBL’s Privacy Policy constitute the entire agreement between you and HUMBL relating to your access to and use of the Services, and your participation in auctions. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of HUMBL prior, concurrent or subsequent circumstance, and HUMBL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

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22. CONTACT HUMBL

If you have any questions or concerns regarding these Terms or otherwise would like to contact HUMBL, please send HUMBL Customer Support an email at [email protected]

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Last updated: May 27, 2022

Welcome to HUMBL Ticketing, provided to you by HUMBL, Inc. (“(“HUMBL,” “we,” “us” or “our”). These Terms of Use, together with HUMBL’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all HUMBL Ticketing products and services (together, the “Services”), that are made available through the downloadable HUMBL Ticketing application (the “Platform”). HUMBL includes HUMBL, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents.

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1. ACCEPTANCE OF TERMS

Please read our Terms carefully. These Terms state that any disputes between you and HUMBL must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 16 below.

By using or accessing the Services, you agree to follow and be bound by these Terms and our Privacy Policy, as updated from time to time in accordance with Section 3, below. Because HUMBL provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. Your use of the Services constitutes your acknowledgment and acceptance of the specific requirements and terms of use for certain of the HUMBL Services.

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2. OVERVIEW

The Platform is a marketplace to enable customers to buy tickets through the functionality provided by Ticket Evolution, Inc.  HUMBL does not own the tickets being sold on the Platform and does not set the prices listed for such tickets.  HUMBL provides an interface service that connects to Ticket Evolution, Inc. to execute various transactions.  HUMBL is not liable or responsible for Ticket Evolution, Inc.’s compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, HUMBL does not guarantee the quality of the services provided by Ticket Evolution, Inc.  and does not independently verify, and is not liable for, representations made by Ticket Evolution, Inc.

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3. UPDATES & CHANGES TO TERMS

HUMBL reserves the right, from time to time, to modify, suspend, supersede and/or discontinue the Terms in part or in whole. HUMBL will attempt to provide notice of any change to the Terms, which may be provided by a click-through or similar box or agreement on the Platform. You agree that you accept any such modification or change by continuing to use, download, purchase or otherwise access the Services.

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4. REGISTRATION & ACCOUNT SECURITY

1. Eligibility. To use the Services, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from HUMBL for any purpose.
3. You Are Responsible for Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected]

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5. THIRD PARTY SERVICES

1. Sharing Information with Third Parties. To use the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that HUMBL and/or HUMBL’s authorized third-party partners may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. HUMBL has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under HUMBL’s control, and that HUMBL is not responsible for any third party’s use of your information.
2. Third Party Advertising. The Platform may contain third-party advertising and marketing. By agreeing to these Terms, you agree to receive such advertising and marketing.
3. HUMBL Does Not Endorse Third Parties. The Services may contain links to third party websites and services that are not otherwise associated with the Services. HUMBL provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that HUMBL has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 any such third-party websites or services.

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6. PAYMENT TERMS

1. General. HUMBL has engaged third-party service provider(s) to perform services related to the purchase of tickets, payment processing, including card processing, disbursements, identity verification, fraud analysis, and regulatory compliance. You agree that by using a third-party service, you may also be subject to an agreement with the third party. HUMBL may share your personal or transactional information with those third-party service providers for purposes related to payments processing.

Certain features of the Platform may require you to pay fees to Ticket Evolution, Inc. and/or HUMBL.  Ticket Evolution, Inc. and/or HUMBL may change or add fees for use of our Platform at any time as we deem necessary or appropriate for our business, and we may incorporate certain fees into the price of products or services. You will have an opportunity to review and accept an estimate of the fees and other pricing that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee.

HUMBL has no obligation to itemize its costs, fees, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on HUMBL’s income).

HUMBL’s payment processing partners will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Charges paid by you are final and non-refundable. HUMBL has no obligation to provide refunds or credits. However, HUMBL, in its sole discretion, may provide consumers with refunds, courtesy delivery or product/services credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms.  If HUMBL fails to deliver any ticket contracted for on time for the event at the time that it actually occurs, then HUMBL’s sole obligation or liability shall be limited to compensating you for any payments made to HUMBL under these Terms. HUMBL reserves the right to cancel and refund your order at any time for any reason.

2. Payment Authorization. You authorize HUMBL or its third-party service provider(s) to charge all sums for purchases that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. HUMBL reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
3. Delinquent Accounts. If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If your payment card expires or is replaced by your issuing bank, the card network may provide our payment processing partners with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to your use of the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, our payment processing partner may charge another stored payment method if your default payment is declined or no longer available to us.

7. TICKETING LIABILITY

The events for which you may purchase tickets occur at and/or are operated by various venue operators and/or promoters (“Promoter(s)”).  The following provisions are applicable to the purchase of such tickets, in addition to all the other terms stated in these Terms of Use.

Tickets sold through the Services grant you only a revocable license to the ticket(s) that may be revoked at any time for any reason.  Resale or attempted resale of any ticket(s) issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation.  You assume all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction.  The terms of sale of each ticket issued pursuant to a transaction initiated on the Services are subject to any and all terms imposed by the applicable Promoters.  In order to be admitted to an event, you must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time.  Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.

All sales are final.  No refunds or exchanges for tickets purchased through the Services will be made.  Each Promoter may have additional policies regarding refunds or exchanges, but HUMBL is entitled to retain all fees collected through the Services that we perform in taking orders and delivering tickets, including, if applicable, shipping, handling, and service charges.

Notwithstanding the issuance of tickets through the Services, the Promoter may cancel the event, may change the scheduled performers, or may change the event date without notice.  Any such change will not be considered a cancellation of the performance.  Where events are held at outdoor venues, the risk of inclement weather is assumed by you.  In the event that a Promoter offers to refund the base ticket price of the canceled event, you must make the request for refund no later than 10 business days of the originally scheduled date.  In the event that a performance is rescheduled and the base price refunds are authorized by the Promoter, any refund request must be made to HUMBL prior to the show and all tickets must be returned to HUMBL no later than 10 business days after the rescheduled date and/or refund request, whichever is earlier.  HUMBL is entitled to retain all fees collected through this website for services that it performs in taking orders and delivering tickets, including shipping, handling, and service charges, regardless of whether a show is rescheduled or canceled.

To the extent relevant, lost or stolen tickets will not be replaced.

No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to you through the Services.  A violation of this policy will be grounds for revocation of all tickets issued to you and/or ejection from the applicable venue.

8. DELIVERY OF TICKETS

Tickets may be delivered via Instant Download, Email, UPS, or Special Delivery for the charge stated during the checkout process. Some tickets are delivered by an alternative method which will be described at the time of checkout or in a subsequent email. For listings with no designated delivery method, tickets will typically be shipped by UPS. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports HUMBL’s safe and secure ticket delivery, whether electronic, via shipping, or otherwise. Delivery method is not indicative of the type of ticket. Tickets in all forms, including hard stock and PDF, may be shipped via UPS.

Delivery will occur on or before the delivery date on the listing, regardless of delivery method. Special Delivery includes same day delivery and may include Will Call, onsite pick up at the venue, pick up from another designated location (typically within two (2) miles of the venue, if possible), or messenger service. The exact delivery location for Special Delivery orders will be designated by the seller.

When tickets are shipped to you, it is your responsibility to confirm that the tickets delivered to you are consistent with the order you placed. You shall have forty-eight (48) hours from the time of delivery to report any inconsistencies between your order and the delivered tickets. HUMBL shall not be liable or responsible for any inconsistencies discovered after the 48-hour window has passed.

HUMBL reserves the right to change the delivery method, at its sole discretion, and may deliver tickets for any order up to the event start time listed on the tickets. If the delivery method changes at any time prior to delivery, HUMBL will not charge the buyer additional delivery fees. You must notify HUMBL if you do not receive your tickets within 48 hours of the actual start time of the scheduled or rescheduled event. If you do not timely notify HUMBL, you may not be eligible for compensation based on non-delivery of tickets. Photo ID or other verification may be required to accept delivery.

Tickets are typically delivered per this schedule unless the delivery date in the listing is a date in the future:

• Instant Download – Within a few minutes of placing the order.
• E-tickets – Within a few minutes of placing your order.
• Shipped – Arrive in 1-3 business days from placing the order.
• Special Delivery – at least one (1) hour before the scheduled event.

9. PROHIBITED CONDUCT

In order to use the Platform, you agree not to:

• Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
• Violate or encourage others to violate the rights of third parties, including intellectual property rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• Interfere in any way with security-related features of the Services;
• Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
• Access, monitor or copy any content or information of the Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without HUMBL’s express written permission;
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
• Sell or otherwise transfer the access granted herein.

When using your tickets, you agree that:

• Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you purchased from HUMBL fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund or any other compensation. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you shall be held liable for all reasonable costs, expenses and losses associated with said loss including, but not limited to, all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.

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10. USER CONTENT

1. Content You Provide. You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, favorites, liked items, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) that may or may not be viewable by other users through the Platform or through other communications with you, including, without limitation, through text or multimedia messages.
2. Use of User Content. You acknowledge that when you Post User Content on or through the Platform, the User Content shall be deemed, and shall remain HUMBL’s property. HUMBL does not provide any compensation for User Content that you Post on or through the Platform. You agree that User Content that you Post on or through the Platform shall be deemed to be non-confidential and non-proprietary, and HUMBL shall have no obligation of any kind with respect to such information. When you Post User Content on or through the Platform, you grant HUMBL a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with HUMBL’s business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by HUMBL, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further grant HUMBL a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a HUMBL consumer, to attribute User Content to you, if we choose to do so. Further, HUMBL shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to HUMBL shall survive termination of the Platform or your account. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.
3. User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that HUMBL does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless HUMBL for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any available defenses.
4. User Content Review. You acknowledge and agree that HUMBL and its designees may or may not (but do not assume any obligation to), at HUMBL’s discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that HUMBL reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, HUMBL has the right to remove any User Content that violates these Terms or is otherwise objectionable in HUMBL’s sole discretion. You acknowledge and agree that HUMBL does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

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11. COMMUNICATION

1. Email & Text Messaging. HUMBL may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

By using the Platform, you understand and agree that HUMBL may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the Platform, as well as marketing or other promotional messages. You will not be able to use the Platform without agreeing to receive operational text messages. You may opt-out of receiving marketing or other promotional text messages at any time by sending an email to [email protected].   indicating that you no longer wish to receive marketing or other promotional texts along with the phone number of the mobile device receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while HUMBL processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from HUMBL, do not place orders through the Platform. Your agreement to receive marketing texts is not a condition of any purchase or use of the Platform. If you change or deactivate the phone number you provided to HUMBL, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS, whether you send or receive such messages. Please contact your carrier for details.

2. Notice. HUMBL may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your HUMBL account. It is your obligation to update your account information so that we may contact you as may be necessary.

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12. INTELLECTUAL PROPERTY

The HUMBL Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to HUMBL, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:

HUMBL, Inc.

600 B Street, Suite 300

San Diego, CA 92101

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HUMBL has adopted and implemented a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of HUMBL or others.

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13. INDEMNIFICATION

You agree that you will be personally responsible for your use of the Services and Platform, and you agree to defend, indemnify, and hold harmless HUMBL from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. HUMBL reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

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14. ASSIGNMENT & TERMINATION

1. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
2. Termination. If you violate these Terms, your permission to use the Services and the Platform will automatically terminate. In addition, HUMBL in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services and Platform at any time, with or without notice to you. You may terminate your account at any time by contacting HUMBL Customer Support at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but HUMBL may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

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15. DISCLAIMERS OF WARRANTIES

The Services and Platform are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although HUMBL seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services or Platform, and there may at times be inadvertent technical or factual errors or inaccuracies.

1. No Warranties. HUMBL specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. HUMBL is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
2. No Guarantee of Accuracy. HUMBL does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
3. Services/Platform Provided for Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. HUMBL makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services and Platform.
4. No Warranties Regarding Third Parties. HUMBL makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party, or any quotes or offers provided through the Services. HUMBL does not endorse any particular advisor or other third party. HUMBL acts solely as an intermediary between you and third-party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See Section 5, above, for more information regarding third parties and third-party services.

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16. LIMITATION OF LIABILITY

In no event will HUMBL be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not HUMBL has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

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17. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the following section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HUMBL agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes. We operate the Services from our offices in California, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.

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18. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

In the interest of resolving disputes between you and HUMBL in the most expedient and cost-effective manner, you and HUMBL agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HUMBL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. Claims to Be Resolved by Binding Arbitration. You and HUMBL agree to arbitrate all disputes and claims between us. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
2. Arbitration Procedures.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS' rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HUMBL. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Exceptions. Notwithstanding this Section 16, you and HUMBL agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
5. Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HUMBL should be addressed to: HUMBL, Inc., 600 B Street, Suite 300, San Diego, CA, 92101 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and HUMBL do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HUMBL may commence an arbitration proceeding.
6. Fees. In the event that you commence arbitration in accordance with these Terms, HUMBL will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the JAMS Rules. Any request for payment of fees by HUMBL should be submitted by mail to the JAMS along with your Demand for Arbitration and HUMBL arrange to pay all necessary fees directly to the JAMS. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse HUMBL for all fees associated with the arbitration paid by HUMBL on your behalf that you otherwise would be obligated to pay under the JAMS’ rules.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

7. No Class Actions. Unless both you and HUMBL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

YOU AND HUMBL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

8. Opt-Out. If you are a new HUMBL user, you can choose to reject the arbitration agreement contained in these Terms (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed above. The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the HUMBL account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with HUMBL.
9. Modifications. If HUMBL makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with HUMBL shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
10. Severability and Enforceability. If an arbitrator or court decides that any part of this section is invalid or unenforceable, the other parts of this section shall still apply. If the entirety of this section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” section shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

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19. MODIFICATION OF THE SERVICES

HUMBL reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that HUMBL will not be liable to you or to any third party for any such modification, suspension, or discontinuance of any of the Services.

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20. MISCELLANEOUS 

1. Entire Agreement. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and HUMBL regarding your use of and access to the Services and Platform, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
3. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
4. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

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21. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.

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22. CONTACT HUMBL

If you have any questions or concerns regarding these Terms or otherwise would like to contact HUMBL, please send HUMBL Customer Support an email at [email protected]

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Last Updated September 16, 2021

Acceptable Use Policy

This Acceptable Use Policy covers the use of the Services provided by HUMBL (the "Company"). Please read this Acceptable Use Policy carefully before using our website or the relevant mobile applications provided by us (collectively, the "Site") and the Services. By using the Services, you understand and agree to comply with the Acceptable Use Policy. If you do not agree with any part of this Acceptable Use Policy, please do not use or subscribe for any of our Services.

This Acceptable Use Policy should be read together with our Services Terms and Conditions (the "Terms") located at the bottom of our website: https://www.humblpay.com/

If you are, or are suspected to be, in breach of the Acceptable Use Policy, the Company may immediately change or remove access to your Customer Account. If any third party or party to this Acceptable Use Policy alleges that the use of the Services involves any illegal or unlawful activity, the Company may disclose any information about any Customer Account and usage of the Services to any law enforcement or regulatory authority and to any interested party at our discretion and without notifying you.

Prohibited Conduct

You may not, and you warrant that you will not:

·       Access and use the Services through any other means except the interface that is provided by the Company;

·       Use the Services, the Company network, or any personal data displayed on or within the Company network or Services to stalk, harass, abuse, defame, threaten, defraud other Customers, or collect or store or personal data about other Customers;

·       Use the Services if you are under the age of 18 years old;

·       Post offensive, lewd, or pornographic materials in your Customer Account and on your personal profile;

·       Use the Services for any non-private or commercial use;

·       Use the Services for any illegal purpose or in violation of any applicable law, including laws governing intellectual property, data protection, financial market regulation, and privacy;

·       Send other Customers of the Company unsolicited offers, advertisements, proposals, or spam. Such activities include, but are not limited to, bulk mailing of commercial advertisements, chain mail, petitions, and charity requests;

·       Fraudulently impersonate any person or entity or falsely claim an affiliation with any person or entity, including but not limited to a representative of the Company;

·       Misrepresent the source, content, or identity of information sent through the Services;

·       Access the Customer Accounts of any other Customer;

·       Share your password, or other means of access to your computer or mobile device while any Service is running, with any third party or encourage any other Customer to do the same. Such sharing includes selling or otherwise transferring your Customer Account to a third party;

·       Circumvent, disable, damage, or otherwise interfere with any of the security features of the Company, including those features designed to prevent or limit the use or copying of content accessible through the Services;

·       Disable, damage, or otherwise interfere with those features of the Services that restrict the use byCustomers of the Services;

·       Upload or otherwise distribute any viruses, worms, or other malicious code into the Services or the Company network in order to intentionally interfere with or damage the operation of the network or the Services;

·       Send, transmit, and otherwise make available to other Customers any material which could be deemed to be objectionable by a reasonable person. Such objectionable material includes, but is not limited to material that is: libellous, offensive, indecent, lewd, pornographic, harassing, embarrassing, distressing, threatening, hateful, vulgar, racially/ethnically/sexually offensive, or homophobic. It does not matter if the dissemination of the material would otherwise be lawful;

·       Post, upload, transmit, or make available any content that you do not have a right to use under any law or contractual/fiduciary relationship;

·       Post, upload, or make available any content that infringes any copyright, trademark, trade secret, patent, or other proprietary right of any third party;

·       Hack, mine passwords, or use any other means in order to attempt to gain unauthorized access to the Services, other Customer Accounts, computer systems, or the Company network;

·       Interfere with, or attempt to interfere with, the proper working of the Company or any of its Services through hacking, password mining, or any other available means;

·       Use any spider, robot, or other automated means to access the Services or the Company network for any purpose. This includes bypassing the robot exclusion headers or other security measures used by the Company to prevent access to the Services by robots;

·       Modify the Services or the Company network in any manner or form, or use a modified version of the Services. Such modifications include those designed to provide you with unauthorized access to the Services; or

·       Harm minors through the Services in any way.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have engaged in any of the prohibited conduct while using the Services or accessing the Company network.

Prohibition Against Mixed-Use

The Company, its network, and the Services are made available solely for your personal, non-commercial use. You may not access or otherwise use the Company or its Services for any commercial or advertising uses. Such commercial or advertising uses include, but are not limited to:

·       selling a product;

·       increasing traffic to your own website or a third party's website for commercial reasons;

·       copying the results of a the Company's search and reformatting and displaying them on your own or a third party's website;

·       mirroring any of the Services on your own or another's website; or

·       performing a meta-search of the Company or the Services.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have used the Company or its Services for any commercial or advertising uses. Any commercial or advertising use of the Company or its Services must be approved in writing by the Company prior to their occurrence. If you wish to make a commercial or advertising use of the Company or its Services, you must enter into an agreement with the Company todo so in advance. You may contact the Company through its website for more information regarding such arrangements.

ProhibitedCustomer Content

Any and all information, other than that governed by the Privacy Policy (e.g. Personal Data), including but not limited to data, text, financial information, software, sound, photographs, video, graphics, messages, and all other materials that you transmit, upload, or supply to the Company is Customer Content.

You may not upload, post, transmit, or otherwise make available Customer Content through the Services or the Company network that:

·       Is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual;

·       Harasses another person;

·       Advocates for the harassment of another person;

·       Sexually exploits another individual;

·       Violently exploits another individual;

·       Contains nudity, violence, offensive, or lewd subject matter;

·       Provides the telephone number, street address, last name, email address, or any other sensitive personal data of anyone except you;

·       You know, or reasonably should know, is false or misleading;

·       Promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory. Such illegal activities include, but are not limited to, providing instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;

·       Violates any intellectual property or other proprietary right of any third party. This includes Customer Content that promotes or advertises an illegal copy of another individual's copyrighted or otherwise protected work;

·       Transmits, or otherwise encourages or facilitates the transmission of, junk mail, chain letters, spam, bulk mass mailing, or phishing;

·       Solicits personal information, such as passwords, from other Customers for commercial or unlawful purposes;

·       Promotes or involves commercial activities without the Company's prior written consent. Such commercial activities may include contests, sweepstakes, trades, advertising, and sales of goods;

·       Violates a third party's privacy. Such violations include posting a photograph of a third party without his or her consent or posting the picture of a minor without the consent of his or her parent or guardian; or

·       Contains a virus, Trojan horse, or other malicious component.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have uploaded, posted, transmitted, or other made available any of the prohibited Customer Content through the Services or the Company network.

The Company may delete, edit, block, correct or permanently remove from our systems any material including Customer Content that is believed to be unlawful or illegal or in some other way in breach of this Acceptable Use Policy.

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HUMBL Wallet

Welcome to HUMBL Crypto Wallet, provided to you by HUMBL, Inc. (“(“HUMBL,” “we,” “us” or “our”). These Terms of Use, together with HUMBL’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of all HUMBL Crypto Wallet products and services (together, the “Services”), that are made available through the downloadable HUMBL Crypto Wallet application (the “Platform”). HUMBL includes HUMBL, Inc. and its officers, directors, employees, consultants, affiliates, subsidiaries and agents.

1. ACCEPTANCE OF TERMS

Please read our Terms carefully. These Terms state that any disputes between you and HUMBL must be resolved in binding arbitration or small claims court and that you waive the right to participate in any class action. You may opt out of arbitration and the class action waiver by following the procedures in Section 16 below.

By using or accessing the Services, you agree to follow and be bound by these Terms and our Privacy Policy, as updated from time to time in accordance with Section 3, below. By using or accessing the Platform and the Services, you further agree to follow and be bound by the Wyre Payments, Inc. User Agreement, the Wyre+ Rewards Program, and Privacy Policy, as updated from time to time. Because HUMBL provides a wide range of services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. Your use of the Services constitutes your acknowledgment and acceptance of the specific requirements and terms of use for certain of the HUMBL Services.

2. OVERVIEW

The Platform was built to enable customers to buy, sell or transfer crypto currencies through the functionality provided by Wyre Payments, Inc.  HUMBL provides an interface service that refers customers to Wyre Payments, Inc. to execute various transactions.  HUMBL is not liable or responsible for Wyre Payments, Inc.’s compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, HUMBL does not guarantee the quality of the services provided by Wyre Payments, Inc. and does not independently verify, and is not liable for, representations made by Wyre Payments, Inc.

3. UPDATES & CHANGES TO TERMS

HUMBL reserves the right, from time to time, to modify, suspend, supersede and/or discontinue the Terms in part or in whole. HUMBL will attempt to provide notice of any change to the Terms, which may be provided by a click-through or similar box or agreement on the Platform. You agree that you accept any such modification or change by continuing to use, download, purchase or otherwise access the Services.

4. REGISTRATION & ACCOUNT SECURITY

1. Eligibility. To use the Services, you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Services; and (iii) register for and use the Services in compliance with any and all applicable laws and regulations.
2. Account Registration. To access some features of the Services, you may be required to register for an account. When you register for an account, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information, and to create a user name and password (“Registration Information”). When registering for and maintaining an account, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from HUMBL for any purpose.
3. You Are Responsible for Your Account. You are solely responsible for maintaining the confidentiality and security of your password and other Registration Information. For your protection and the protection of other users, we ask you not to share your Registration Information with anyone else. If you do share this information with anyone, we will consider their activities to have been authorized by you. If you have reason to believe that your account is no longer secure, you must immediately notify us at [email protected].

5. THIRD PARTY SERVICES

1. Sharing Information with Third Parties. To use the Services, you may need to provide information such as credit card numbers, bank account numbers, and other sensitive financial information, to third parties. By using the Services, you agree that HUMBL and/or HUMBL’s authorized third-party partners may collect, store, and transfer such information on your behalf, and at your sole request. More information is available in our Privacy Policy. You agree that your decision to make available any sensitive or confidential information is your sole responsibility and at your sole risk. HUMBL has no control and makes no representations as to the use or disclosure of information provided to third parties. You agree that these third-party services are not under HUMBL’s control, and that HUMBL is not responsible for any third party’s use of your information.
2. Third Party Advertising. The Platform may contain third-party advertising and marketing. By agreeing to these Terms, you agree to receive such advertising and marketing.
3. HUMBL Does Not Endorse Third Parties. The Services may contain links to third party websites and services that are not otherwise associated with the Services. HUMBL provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that HUMBL has not reviewed the content, advertising, products, services, or other materials that appear on such third-party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and 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 any such third-party websites or services.

6. PAYMENT TERMS

1. General. HUMBL has engaged third-party service provider(s) to perform services related to the purchase, sale and transfer of cryptocurrencies, conversion of cryptocurrencies, payment processing, including card processing, disbursements, identity verification, fraud analysis, and regulatory compliance. You agree that by using a third-party service, you may also be subject to an agreement with the third party. HUMBL may share your personal or transactional information with those third-party service providers for purposes related to payments processing.

Certain features of the Platform may require you to pay fees to Wyre Payments, Inc. Wyre Payments, Inc. may change or add fees for use of our Platform at any time as we deem necessary or appropriate for our business, and we may incorporate certain fees into the price of products or services. You will have an opportunity to review and accept an estimate of the fees and other pricing that you will be charged, as applicable. The final fees may differ from the estimate. In all cases, you acknowledge and accept that a fee will be charged and you agree to pay said fee.

HUMBL has no obligation to itemize its costs, fees, profits or margins when publishing prices on the Platform and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these Terms (other than taxes based on HUMBL’s income).

HUMBL’s payment processing partners will charge the payment method you specify at the time of purchase or as otherwise specified by you in your account information. Charges paid by you are final and non-refundable. HUMBL has no obligation to provide refunds or credits.

2. Payment Authorization. You authorize HUMBL or its third-party service provider(s) to charge all sums for purchases that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. HUMBL reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
3. Delinquent Accounts. If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the Platform; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. If your payment card expires or is replaced by your issuing bank, the card network may provide our payment processing partners with updated card details associated with the same account. We may use these new details in order to help prevent any interruption to your use of the Platform. If you would like to use a different payment method, please visit your account settings to update your billing information. In addition, our payment processing partner may charge another stored payment method if your default payment is declined or no longer available to us.

7. PROHIBITED CONDUCT

In order to use the Platform, you agree not to:

• Use the Services for any illegal purpose, or in violation of any local, state, national, or international law;
• Violate or encourage others to violate the rights of third parties, including intellectual property rights;
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
• Interfere in any way with security-related features of the Services;
• Interfere with the operation or any user’s enjoyment of the Services, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
• Access, monitor or copy any content or information of the Platform using any robot, spider, scraper, or other automated means or any manual process for any purpose without HUMBL’s express written permission;
• Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
• Sell or otherwise transfer the access granted herein.

8. USER CONTENT

1. Content You Provide. You may be able to submit, post, upload, denote, or otherwise make available (collectively, “Post”) photographs, video clips, reviews, ratings, favorites, liked items, questions, comments, public messages, ideas, designs, concepts, inventions, feedback, and other content (collectively, “User Content”) that may or may not be viewable by other users through the Platform or through other communications with you, including, without limitation, through text or multimedia messages.
2. Use of User Content. You acknowledge that when you Post User Content on or through the Platform, the User Content shall be deemed, and shall remain HUMBL’s property. HUMBL does not provide any compensation for User Content that you Post on or through the Platform. You agree that User Content that you Post on or through the Platform shall be deemed to be non-confidential and non-proprietary, and HUMBL shall have no obligation of any kind with respect to such information. When you Post User Content on or through the Platform, you grant HUMBL a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with HUMBL’s business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by HUMBL, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You further grant HUMBL a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a HUMBL consumer, to attribute User Content to you, if we choose to do so. Further, HUMBL shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to HUMBL shall survive termination of the Platform or your account. Notwithstanding the foregoing, our use of your personal data shall be governed by our Privacy Policy.
3. User Content Representations. You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that HUMBL does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless HUMBL for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you will cooperate with us in asserting any available defenses.
4. User Content Review. You acknowledge and agree that HUMBL and its designees may or may not (but do not assume any obligation to), at HUMBL’s discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that HUMBL reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, HUMBL has the right to remove any User Content that violates these Terms or is otherwise objectionable in HUMBL’s sole discretion. You acknowledge and agree that HUMBL does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

9. COMMUNICATION

1. Email & Text Messaging. HUMBL may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

By using the Platform, you understand and agree that HUMBL may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the Platform, as well as marketing or other promotional messages. You will not be able to use the Platform without agreeing to receive operational text messages. You may opt-out of receiving marketing or other promotional text messages at any time by sending an email to [email protected]  indicating that you no longer wish to receive marketing or other promotional texts along with the phone number of the mobile device receiving the messages, or by following any unsubscribe instructions in the text messages. You may continue to receive text messages for a short period while HUMBL processes your request, and you may also receive text messages confirming the receipt of your opt-out request. If you do not want to receive operational text messages from HUMBL, do not place orders through the Platform. Your agreement to receive marketing texts is not a condition of any purchase or use of the Platform. If you change or deactivate the phone number you provided to HUMBL, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS, whether you send or receive such messages. Please contact your carrier for details.

2. Notice. HUMBL may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your HUMBL account. It is your obligation to update your account information so that we may contact you as may be necessary.

10. INTELLECTUAL PROPERTY

The HUMBL Services are protected by applicable copyright and other intellectual property laws, and no materials from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Services belong to HUMBL, except third-party trademarks or service marks, which are the property of their respective owners. You represent and warrant that you own or otherwise have the right to use any content you post to the Services. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact:

HUMBL, Inc.

600 B Street, Suite 300

San Diego, CA 92101

You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HUMBL has adopted and implemented a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of HUMBL or others.

11. INDEMNIFICATION

You agree that you will be personally responsible for your use of the Services and Platform, and you agree to defend, indemnify, and hold harmless HUMBL from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Services; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. HUMBL reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

12. ASSIGNMENT & TERMINATION

1. Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
2. Termination. If you violate these Terms, your permission to use the Services and the Platform will automatically terminate. In addition, HUMBL in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services and Platform at any time, with or without notice to you. You may terminate your account at any time by contacting HUMBL Customer Support at [email protected]. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but HUMBL may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Services.

13. DISCLAIMERS OF WARRANTIES

The Services and Platform are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although HUMBL seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Services or Platform, and there may at times be inadvertent technical or factual errors or inaccuracies.

1. No Warranties. HUMBL specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Services. HUMBL is not responsible for the loss of, damage to, or unavailability of any information you have made available through the Services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the Services.
2. No Guarantee of Accuracy. HUMBL does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Services.
3. Services/Platform Provided for Informational Purposes. The information provided through the Services is provided solely for informational, educational, or entertainment purposes. HUMBL makes no representations, warranties, or guarantees, express or implied, regarding the results or savings that may be obtained through the use of the Services and Platform.
4. No Warranties Regarding Third Parties. HUMBL makes no representations, warranties, or guarantees, express or implied, regarding any third-party service or advice provided by a third party, or any quotes or offers provided through the Services. HUMBL does not endorse any particular advisor or other third party. HUMBL acts solely as an intermediary between you and third-party service providers and expressly disclaims any and all liability for any content, products, or services provided by such service providers. See Section 5, above, for more information regarding third parties and third-party services.

14. LIMITATION OF LIABILITY

In no event will HUMBL be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not HUMBL has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

15. GOVERNING LAW

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Subject to the following section, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HUMBL agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within Los Angeles County, California, for the purpose of litigating all such disputes. We operate the Services from our offices in California, and we make no representation that information and materials included in the Services are appropriate or available for use in other locations.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS ACTION WAIVER

In the interest of resolving disputes between you and HUMBL in the most expedient and cost-effective manner, you and HUMBL agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND HUMBL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

1. Claims to Be Resolved by Binding Arbitration. You and HUMBL agree to arbitrate all disputes and claims between us. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; claims that arose before this or any prior Terms; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of these Terms.
2. Arbitration Procedures.  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS’ most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration; all other claims shall be subject to JAMS’ most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration. JAMS' rules are also available at jamsadr.com or by calling JAMS at 800-352- 5267. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and HUMBL. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
4. Exceptions. Notwithstanding this Section 16, you and HUMBL agree that no statement herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) bring an individual action in small claims court; (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available; (iii) seek injunctive relief in any competent court of law; or (iv) to file suit in a court of law to address intellectual property infringement claims.
5. Notice and Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HUMBL should be addressed to: HUMBL, Inc., 600 B Street, Suite 300, San Diego, CA, 92101 (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and HUMBL do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or HUMBL may commence an arbitration proceeding.
6. Fees. In the event that you commence arbitration in accordance with these Terms, HUMBL will, at your request, reimburse you for your payment of the arbitration filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the JAMS Rules. Any request for payment of fees by HUMBL should be submitted by mail to the JAMS along with your Demand for Arbitration and HUMBL arrange to pay all necessary fees directly to the JAMS. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), you agree to reimburse HUMBL for all fees associated with the arbitration paid by HUMBL on your behalf that you otherwise would be obligated to pay under the JAMS’ rules.

If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the JAMS Rules. Any in-person arbitration hearings will take place at a location to be agreed upon in Los Angeles County, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

7. No Class Actions. Unless both you and HUMBL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

YOU AND HUMBL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

8. Opt-Out. If you are a new HUMBL user, you can choose to reject the arbitration agreement contained in these Terms (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to the Notice Address listed above. The Opt-Out Notice must contain your name, address (including street address, city, state and zip code), and the user name(s) and email address(es) associated with the HUMBL account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other parts of the Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with HUMBL.
9. Modifications. If HUMBL makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with HUMBL shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision.
10. Severability and Enforceability. If an arbitrator or court decides that any part of this section is invalid or unenforceable, the other parts of this section shall still apply. If the entirety of this section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in the “Governing Law” section shall govern any action arising out of or related to these Terms, and that the remainder of the Terms will continue to apply.

17. MODIFICATION OF THE SERVICES

HUMBL reserves the right to modify or discontinue, temporarily or permanently, some or all of the Services at any time without any notice or further obligation to you. You agree that HUMBL will not be liable to you or to any third party for any such modification, suspension, or discontinuance of any of the Services.

18. MISCELLANEOUS 

1. Entire Agreement. These Terms, together with the Privacy Policy constitute the entire and exclusive understanding and agreement between you and HUMBL regarding your use of and access to the Services and Platform, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
2. No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
3. Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
4. Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

19. NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service.

20. CONTACT HUMBL

If you have any questions or concerns regarding these Terms or otherwise would like to contact HUMBL, please send HUMBL Customer Support an email at [email protected].

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Last Updated April 19, 2022

The information included on this website and other information provided from time to time through webcasts, shareholder calls, shareholder letters, press releases, publications, investor conferences, and similar events and communications contains forward-looking statements based on current expectations and assumptions that involve risks and uncertainties.  If the risks or uncertainties ever materialize or the assumptions prove incorrect, the results of HUMBL, Inc. (“HUMBL”) may differ materially from those expressed or implied by such forward-looking statements and assumptions.

All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any statements regarding the potential impact of the COVID-19pandemic and the actions by governments, businesses and individuals in response to the situation; projections of net revenue, margins, expenses, effective tax rates, net earnings, net earnings per share, cash flows, deferred taxes, share repurchases, foreign currency exchange rates or other financial items; any projections of the amount, timing or impact of cost savings or restructuring and other charges, planned structural cost reductions and productivity initiatives; any statements of the plans, strategies and objectives of management for future operations, including, but not limited to, our business model and transformation, our sustainability goals, our go-to-market strategy, the execution of any restructuring plans and any resulting cost savings, net revenue or profitability improvements or other financial impacts; any statements concerning the expected development, performance, market share or competitive performance relating to products or services; any statements regarding current or future macroeconomic trends or events and the impact of those trends and events on HUMBL and its financial performance; any statements regarding pending investigations, claims or disputes; any statements of expectation or belief, including with respect to the timing and expected benefits of acquisitions and other business combination and investment transactions; and any statements of assumptions underlying any of the foregoing.  Forward-looking statements can also generally be identified by words such as “future,” “anticipates,” “believes,” “estimates,” “expects,” “intends,” “plans,” “predicts,” “projects,” “will,” “would,” “could,” “can,” “may,” and similar terms.

Risks, uncertainties and assumptions include factors relating to the effects of the COVID-19 pandemic and the actions by governments, businesses and individuals in response to the situation, the effects of which may give rise to or amplify the risks associated with many of these factors listed here; HUMBL’s ability to execute on its strategic plan, including the previously announced initiatives, business model changes and transformation; execution of planned structural cost reductions and productivity initiatives; HUMBL’s ability to complete any capital return programs or other strategic transactions; the need to address the many challenges facing HUMBL’s businesses; the competitive pressures faced by HUMBL’s businesses; risks associated with executing HUMBL’s strategy; successfully innovating, developing and executing HUMBL's go-to-market strategy, in an evolving distribution and reseller landscape; the development and transition of new products and services and the enhancement of existing products and services to meet customer needs and respond to emerging technological trends; successfully competing and maintaining the value proposition of HUMBL’s products; integration and other risks associated with business combination and investment transactions; the protection of HUMBL’s intellectual property assets; the hiring and retention of key employees; the impact of macroeconomic and geopolitical trends and events; risks associated with HUMBL’s international operations; the execution and performance of contracts by HUMBL and its vendors, customers, clients and partners; disruptions in operations from system security risks, data protection breaches, cyber attacks, extreme weather conditions, medical epidemics or pandemics such as the COVID-19 pandemic, and other natural or manmade disasters or catastrophic events; the impact of changes in tax laws; potential impacts, liabilities and costs from pending or potential investigations, claims and disputes; and other risks that are described or updated from time to time inHUMBL’s filings with OTC Markets. HUMBL assumes no obligation and does not intend to update these forward-looking statements.

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Acceptable Use Policy

This Acceptable Use Policy covers the use of the Services provided by HUMBL (the "Company"). Please read this Acceptable Use Policy carefully before using our website or the relevant mobile applications provided by us (collectively, the "Site") and the Services. By using the Services, you understand and agree to comply with the Acceptable Use Policy. If you do not agree with any part of this Acceptable Use Policy, please do not use or subscribe for any of our Services.

This Acceptable Use Policy should be read together with our Services Terms and Conditions (the "Terms") located at the bottom of our website: https://www.humblpay.com/

If you are, or are suspected to be, in breach of the Acceptable Use Policy, the Company may immediately change or remove access to your Customer Account. If any third party or party to this Acceptable Use Policy alleges that the use of the Services involves any illegal or unlawful activity, the Company may disclose any information about any Customer Account and usage of the Services to any law enforcement or regulatory authority and to any interested party at our discretion and without notifying you.

Prohibited Conduct

You may not, and you warrant that you will not:

·       Access and use the Services through any other means except the interface that is provided by the Company;

·       Use the Services, the Company network, or any personal data displayed on or within the Company network or Services to stalk, harass, abuse, defame, threaten, defraud other Customers, or collect or store or personal data about other Customers;

·       Use the Services if you are under the age of 18 years old;

·       Post offensive, lewd, or pornographic materials in your Customer Account and on your personal profile;

·       Use the Services for any non-private or commercial use;

·       Use the Services for any illegal purpose or in violation of any applicable law, including laws governing intellectual property, data protection, financial market regulation, and privacy;

·       Send other Customers of the Company unsolicited offers, advertisements, proposals, or spam. Such activities include, but are not limited to, bulk mailing of commercial advertisements, chain mail, petitions, and charity requests;

·       Fraudulently impersonate any person or entity or falsely claim an affiliation with any person or entity, including but not limited to a representative of the Company;

·       Misrepresent the source, content, or identity of information sent through the Services;

·       Access the Customer Accounts of any other Customer;

·       Share your password, or other means of access to your computer or mobile device while any Service is running, with any third party or encourage any other Customer to do the same. Such sharing includes selling or otherwise transferring your Customer Account to a third party;

·       Circumvent, disable, damage, or otherwise interfere with any of the security features of the Company, including those features designed to prevent or limit the use or copying of content accessible through the Services;

·       Disable, damage, or otherwise interfere with those features of the Services that restrict the use byCustomers of the Services;

·       Upload or otherwise distribute any viruses, worms, or other malicious code into the Services or the Company network in order to intentionally interfere with or damage the operation of the network or the Services;

·       Send, transmit, and otherwise make available to other Customers any material which could be deemed to be objectionable by a reasonable person. Such objectionable material includes, but is not limited to material that is: libellous, offensive, indecent, lewd, pornographic, harassing, embarrassing, distressing, threatening, hateful, vulgar, racially/ethnically/sexually offensive, or homophobic. It does not matter if the dissemination of the material would otherwise be lawful;

·       Post, upload, transmit, or make available any content that you do not have a right to use under any law or contractual/fiduciary relationship;

·       Post, upload, or make available any content that infringes any copyright, trademark, trade secret, patent, or other proprietary right of any third party;

·       Hack, mine passwords, or use any other means in order to attempt to gain unauthorized access to the Services, other Customer Accounts, computer systems, or the Company network;

·       Interfere with, or attempt to interfere with, the proper working of the Company or any of its Services through hacking, password mining, or any other available means;

·       Use any spider, robot, or other automated means to access the Services or the Company network for any purpose. This includes bypassing the robot exclusion headers or other security measures used by the Company to prevent access to the Services by robots;

·       Modify the Services or the Company network in any manner or form, or use a modified version of the Services. Such modifications include those designed to provide you with unauthorized access to the Services; or

·       Harm minors through the Services in any way.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have engaged in any of the prohibited conduct while using the Services or accessing the Company network.

Prohibition Against Mixed-Use

The Company, its network, and the Services are made available solely for your personal, non-commercial use. You may not access or otherwise use the Company or its Services for any commercial or advertising uses. Such commercial or advertising uses include, but are not limited to:

·       selling a product;

·       increasing traffic to your own website or a third party's website for commercial reasons;

·       copying the results of a the Company's search and reformatting and displaying them on your own or a third party's website;

·       mirroring any of the Services on your own or another's website; or

·       performing a meta-search of the Company or the Services.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have used the Company or its Services for any commercial or advertising uses. Any commercial or advertising use of the Company or its Services must be approved in writing by the Company prior to their occurrence. If you wish to make a commercial or advertising use of the Company or its Services, you must enter into an agreement with the Company todo so in advance. You may contact the Company through its website for more information regarding such arrangements.

ProhibitedCustomer Content

Any and all information, other than that governed by the Privacy Policy (e.g. Personal Data), including but not limited to data, text, financial information, software, sound, photographs, video, graphics, messages, and all other materials that you transmit, upload, or supply to the Company is Customer Content.

You may not upload, post, transmit, or otherwise make available Customer Content through the Services or the Company network that:

·       Is patently offensive and/or promotes racism, bigotry, homophobia, hatred or physical harm of any kind against any group or individual;

·       Harasses another person;

·       Advocates for the harassment of another person;

·       Sexually exploits another individual;

·       Violently exploits another individual;

·       Contains nudity, violence, offensive, or lewd subject matter;

·       Provides the telephone number, street address, last name, email address, or any other sensitive personal data of anyone except you;

·       You know, or reasonably should know, is false or misleading;

·       Promotes illegal or criminal activities or conduct that is abusive, threatening, obscene, or defamatory. Such illegal activities include, but are not limited to, providing instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;

·       Violates any intellectual property or other proprietary right of any third party. This includes Customer Content that promotes or advertises an illegal copy of another individual's copyrighted or otherwise protected work;

·       Transmits, or otherwise encourages or facilitates the transmission of, junk mail, chain letters, spam, bulk mass mailing, or phishing;

·       Solicits personal information, such as passwords, from other Customers for commercial or unlawful purposes;

·       Promotes or involves commercial activities without the Company's prior written consent. Such commercial activities may include contests, sweepstakes, trades, advertising, and sales of goods;

·       Violates a third party's privacy. Such violations include posting a photograph of a third party without his or her consent or posting the picture of a minor without the consent of his or her parent or guardian; or

·       Contains a virus, Trojan horse, or other malicious component.

The Company reserves the right to suspend or terminate your Customer Account and your access to and use of the Services if it reasonably believes that you have uploaded, posted, transmitted, or other made available any of the prohibited Customer Content through the Services or the Company network.

The Company may delete, edit, block, correct or permanently remove from our systems any material including Customer Content that is believed to be unlawful or illegal or in some other way in breach of this Acceptable Use Policy.

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