Effective Date: June 1, 2020
HUMBL reserves the right to, in its sole discretion, change, amend or modify theTerms at any time. HUMBL will notify you of any changes in any number of ways: updating the Terms on the HUMBL site, sending you an email notifying you of the changes, updating the “Effective Date” at the top of the Terms and/or by another means. By clicking an “Agree” button presented with the amendedTerms or by continuing to access or use any of the Services after a revision to the Terms, you confirm your agreement to the amended Terms.
If you do not agree with any changes to the Terms at any time, you should NOT click “Agree” if prompted todo so or continue to access or use any of the Services. Accessing or using the Services in any way following a communicated change to the Terms indicates your acceptance of the amended Terms.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms, and have not previously been suspended or removed from using our Services.
HUMBL maintains the right to select the markets and jurisdictions in which theServices are available, and may, at its sole discretion, restrict or prohibit the Services in certain locations (“Restricted Locations”). For that reason, the range of Services available to you will depend upon the location from which you access the Services. You may not use the Services if you are located in, or a citizen or resident of, any Restricted Location, or where your use of the Services would be illegal or otherwise violate any applicable law.
In order to access the Services, you must register for an account (a “HUMBLAccount”). When registering for a HUMBL Account, you must select a user name (a “HUMBL User ID”). You may not select as your HUMBL User ID a name that you do not have the right to use, or another person’s or entity’s name with the intent to impersonate that person/entity. You may not transfer your HUMBL Account to anyone else without our prior written permission.
b. Identity Verification
When registering for a HUMBL Account, you agree to provide current, accurate, and complete information for all required fields on the registration page. You are solely responsible for any improper or unlawful activity in connection with the registration of your HUMBL Account ,including any misrepresentations made in connection with the creation of your account.
You hereby authorize HUMBL, directly or through third parties and through use of your mobile carrier, to make any inquiries HUMBL deems necessary to verify your identity, protect against fraud or other financial crime, and/or comply with our legal obligations under various anti-money laundering (“AML”) obligations, such as under the U.S. Bank Secrecy Act (“BSA”). When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. You further authorize HUMBL to take whatever action we deem reasonably necessary based upon such inquiries. You acknowledge that your mobile carrier may share your mobile subscriber details with HUMBL for identity verification purposes.
c. Account Usage
You are the only person authorized to use or access your HUMBL Account. By registering for a HUMBL Account, you agree and represent that you will use the Services only for your own personal, non‑commercial use, and not on behalf or for the benefit of any third party, unless you have obtained prior that complies with all applicable laws.
You are solely responsible for all activity that occurs under your HUMBL Account or with your HUMBL User ID, including any fraudulent activity.
The bank or other provider of anAccount (the "Account Provider") may impose additional fees on anAccount. The agreement with the Account Provider governs use of an Account and provides the rights and liabilities of the holder of an Account. Unless required by applicable law, HUMBL accepts no responsibility to You or anyAccount holder for any fees imposed by an Account provider. If the currency You select for a transaction is not the currency in which an Account is denominated, the Account provider may convert the funds at its own currency exchange rate or reject the transfer. Account Services are for personal or individual use only and not for use by or on behalf of any business or legal entity. HUMBL may use the Automated Clearing House ("ACH") network, electronic funds transfer, or other methods to process transactions relating to an Account.HUMBL is not responsible for actions taken by an Account Provider, such as improperly posting a transaction.
MAKE SURE THE ACCOUNT NUMBER,ACCOUNT PROVIDER DETAILS, AND CURRENCY SELECTED ARE CORRECT BEFORE SENDING. IFTHE ACCOUNT NUMBER OR ACCOUNT PROVIDER DETAILS ARE INCORRECT, MONEY MAY BE DEBITED OR CREDITED TO THE WRONG ACCOUNT AND MAY NOT BE RECOVERED.
d. Transfers to Accounts
Receiver's agreement with theAccount Provider governs Receiver's rights, liabilities and fees (including fees to transfer funds out of an Account), and the Account Provider may impose its own restrictions regarding funds availability, limits that may be transferred to or held in an Account, hours of operations, holidays or other limitations. In most cases, Receiver must have an active account to receive such a transfer. A Receiver who is not have an active account may be able to receive funds at a HUMBL HUB Agent location and may be subject to additional requirements. HUMBL may make money from fees associated with use of Accounts.
By initiating a transaction from anAccount (an "Account Funded Transaction"), You affirm You are the owner of the Account and have authority to initiate the transaction and authorize HUMBL to initiate electronic debits and credits to Your Account to process and correct errors or if a transaction cannot be completed. HUMBL may by law be liable for damages caused by its failure to debit Your Account in accordance with these terms and conditions, in the correct amount or in a timely manner when properly instructed by You. However, HUMBL will not be liable where: (A) You do not have available funds in Your Account; (B) YourAccount is closed or withdrawals restricted; (C) the transaction exceeds dollar or frequency limitations imposed by YourAccount Provider or HUMBL; (D) circumstances beyond HUMBL's control (such as flood, fire, power outages, mechanical or system failures); (E) Your AccountProvider does not honor a transaction, the transaction is not processed or the transaction is returned by Your Account Provider; (F) Your instructions are lost or delayed in transmission to HUMBL; (G) HUMBL fails to process your transaction because of a reasonable security concern or the Service option has been discontinued or suspended, or HUMBL otherwise advises You that Your request will not be processed; and (H) other exceptions allowed by law.
a. Conditions and Restrictions
HUMBL may, in its sole discretion and without prior notice, impose conditions, restrictions or limitations on any user’s use of or access to the Services including by:
· Refusing to open a HUMBL Account;
· Limiting the number of HUMBL Accounts that you hold;
· Suspending or terminating any HUMBLAccount;
· Suspending or terminating trading activity in your HUMBL Account or initiated, performed or executed using your HUMBLUser ID;
· Refusing to process, or to cancel or reverse, any transaction submitted via theServices; or
· Imposing limits on the transaction amounts permitted via the Services.
Such limitations and restrictions may result from, among other things, investigations by HUMBL into your or any other user’s accessing or use of theServices.
You understand further that HUMBL’s third-party providers may limit or restrict your access to their services, which would therefore limit your ability to transact on HUMBL. HUMBL has the right to review the transactions and any other activity in which you engage while using the Services.
HUMBL takes the security of its users seriously: HUMBL imposes significant security measures to protect your HUMBL Account and User Information, and we expect you to do the same. It is critical to protect not only your password and any other security measures you use, but also the email account associated with your HUMBL Account and any device used to access your HUMBLAccount.
You acknowledge and agree that you are responsible for maintaining the confidentiality and security of your HUMBL Account, including your HUMBL User ID, password and any other security feature that you use to access the Services. You agree to notify HUMBL immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services. HUMBL will not be liable for any loss or damage arising from your failure to protect your HUMBL Account or your personal user or security information.
You agree that HUMBL is not liable for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. You agree not to transmit any worms, viruses, or other destructive codes onto any HUMBL site, app, or service.
c. Compliance with Laws & Taxes
You alone are responsible for complying with all applicable laws related to your transactional activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. In addition, you are responsible for determining, remitting, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services.
HUMBL maintains an internal AML and know your customer (“KYC”) compliance program (“AML/KYC Program”). HUMBL’s AML/KYC Program may be updated from time‑to‑time, including the procedures that HUMBL uses to verify its users’ identities. HUMBL may be required to file details of account activity with FinCEN, or to provide information to other government agencies as required by law.
e. Relationship of the Parties
HUMBL is an independent contractor for all purposes. Nothing in these Terms shall be deemed to create or constitute, imply, give effect to or otherwise recognize a partnership, employment, joint venture, or formal business relationship of any kind. HUMBL is not your bank, intermediary, agent or advisor, and has no fiduciary relationship, duty or obligation to you or any other user in connection with your use of the Services. Neither HUMBL nor its licensors or suppliers are providing tax advice, legal advice, or other professional advice by allowing you to use the Services.
f. Unclaimed Property
If HUMBL is holding funds in your HUMBLAccount, and HUMBL is unable to contact you and has no record of your use of the Services for several years, applicable law may require HUMBL to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, HUMBL will try to locate you at the address shown in our records, but if HUMBL is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property.
g. Prohibited Use
You are prohibited from accessing or using the Services, or registering for a HUMBLAccount, if you:
i. Have been identified as a “Specially Designated National” by the Office of ForeignAssets Control;
ii. Have been placed on the U.S. Commerce Department’s Denied Persons List;
iii. Are located in, under the control of, or a national, citizen or resident of any RestrictedLocations (as defined below), or any country to which the United States has embargoed goods or services.
You represent, warrant, and agree that you will not use or interact with theServices, including by contributing any Content or User Information (as those terms are defined herein), in a manner that:
iv. Violates any law, rule or regulation, including, without limitation, any applicable export control laws, any unlawful trading practices (e.g., spoofing, wash trades, front running, layering, creation of fictitious trades, etc.), and any unlawful internet gambling;
v. Infringes or violates the intellectual property rights or any other rights of anyone else(including HUMBL);
vi. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable in HUMBL’s sole discretion;
vii. Jeopardizes the security of your HUMBL Account or any other user’s HUMBL Account (such as allowing someone else to log in to the Services as you);
viii. Attempts, in any manner, to obtain the password, account, or other security information from the HUMBL Account of any other user;
ix. Violates the security of any computer network, including any attempts to hack users’ passwords or security encryption codes;
x. Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into theServices, or that otherwise interfere with the proper working of the Services(including by placing an unreasonable load on the Services’ infrastructure);
xi. “Crawls,”“scrapes,” or “spiders” any page, data, or portion of or relating to theServices or Content (through use of manual or automated means);
xii. Copies or stores any significant portion of the Content;
xiii. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying information of or relating to the Services;
xiv. Brings disrepute to, or otherwise harms the reputation of, HUMBL or any of its affiliates or service providers; or
xv. Uses any information or other knowledge gained through use of the Services to provoke an interference with any patent application which HUMBL has filed with respect to the Services, or to amend any claim in any pending patent applications to expand such claim to read on, cover or dominate any invention(whether or not patentable) relating to the Services.
You are further prohibited from using the Services in any manner that is not expressly and unambiguously authorized by these Terms.
a. Service Content
The Site, and each of its modules, together with the arrangement and compilation of the content found on this Site, is the copyrighted property of HUMBL and/or its various affiliates, subsidiaries, and where intended, third party providers and distributors. In addition, the trademarks, logos, and service marks displayed on this Site are registered and common law trademarks, logos, and/or service marks of HUMBL, its affiliates, subsidiaries, and various third parties.Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and/or service marks without the prior written permission of HUMBL, or such other party that may own the trademarks, logos, and/or service marks.
TheServices are proprietary to HUMBL. Any materials displayed or performed or available on or through the Services, including but not limited to, text, graphics, data, articles, photos, images, illustrations (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws.
You represent and warrant that you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, without the prior consent of the owner of that Content, or in a way that violates HUMBL’s rights or the rights of any other third party.
You agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of theServices.
You acknowledge and agree that HUMBL transfers no ownership or intellectual property interest or title in and to the Content or the Services to you or anyone else in connection with your use of the Services.
HUMBL may, in its sole discretion, remove any Content from the Services at any time, for any or no reason and without notice. HUMBL may, from time to time, monitor and review any information transmitted or received through this Site, and reserves the right to sensor, edit, remove, or prohibit the transmission or receipt of any information that HUMBL deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Site constitutes your consent to such monitoring and review.
b. Limited License
Subject to your continued compliance with these Terms, HUMBL provides to you a revocable, limited, non‑exclusive, non-transferable, and non-sublicensable license to access and use the Services, and related content, materials and information. The license granted herein automatically terminates upon HUMBL’s suspension or termination of your HUMBL Account or your ability to access or use the Services, or upon your cancellation of your HUMBLAccount.
All rights not expressly granted under these Terms are hereby reserved.
c. User Content
HUMBL may offer you the ability to post, upload, share, store, or otherwise provide information, text, images, data, content or other materials through theServices (collectively, “User Information”). Some User Information may be viewable by other users, and presented in an aggregated and anonymized format.
Pursuant to these Terms, you grant HUMBL a royalty-free, non-exclusive, non-fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any UserInformation. You represent and warrant that: (i) you own the UserInformation or have the right to grant the rights and licenses in these Terms, and (ii) HUMBL’s use of the User Information as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party.
You understand and agree that HUMBL, in performing the required technical steps to provide the Services to users(including you), may need to make changes to your User Information to conform and adapt that User Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
HUMBL, at its sole discretion, may remove any User Content from any of the Services at any time for any or no reason.
d. Public User Information
You acknowledge and agree that any materials, including any feedback, suggestions, improvements, enhancements, feature requests, ideas, notes, drawings or other information or commentary you provide via the Services or the HUMBL App (collectively, “Public UserInformation”), that you provide to HUMBL, whether by email, posting to any HUMBL-related website, provided via the HUMBL app or otherwise, are non-confidential and will become the sole property of HUMBL.
You grant HUMBL the licenses listed in section 8(c) of the Terms, as well as a license to display, perform, and distribute your Public User Information for the purpose of making that Public User Information accessible to all HUMBL users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in the Public User Information in connection with the Services and/or otherwise in connection with HUMBL’s business for any purpose.
e. Third Party Content
The Services may contain links or connections to third party websites, applications, services or other materials (“Third Party Content”) that are not owned or controlled by HUMBL. You accept and acknowledge the risks of accessing any Third-Party Content, and that HUMBL has no control over and assumes no responsibility for and cannot monitor, verify, censor or edit any Third-Party Content.
You expressly waive as against HUMBL, and HUMBL expressly disclaims, any liability, losses or damages arising from your accessing or incurred as a result of any actions taken in reliance on any Third-Party Content. The ability to access any Third-Party Content through the Services does not constitute an endorsement by HUMBL of any product, service or information.
We encourage you to be aware when you leave the Services, and to read the terms and conditions and investigate the source of any Third-Party Content that you visit or use.
TheServices and funds availability are subject to certain factors and restrictions, including the destination country, regulatory issues, service selected, amount sent, currency availability, delivery restrictions, consumer protection issues, identification requirements, agent location hours, and differences in time zones (collectively, "Restrictions").
For users accessing HUMBL HUB and HUMBL Mobile Payment Services, the designated recipient ("Receiver") may generally receive funds sent by HUMBL consumers("You") at HUMBL HUB Agent locations in the designated payout location.For transactions sent within the U.S., the designated payout location generally means any HUMBL HUB Agent location in the destination state or U.S. territoryYou identify. For transactions sent outside the U.S., designated payout location generally means any HUMBL HUB Agent location in the destination country You identify. You may pay for the Services by using a U.S. issued Visa orMasterCard credit card, or debit card issued by or through a financial institution located in the U.S. ("Bank Card"). Alternatively, you may pay with cash at select HUMBL HUBS agent locations that accept cash or by usingHUMBL's mobile app, or ACH options ("Alternative Payment Options")where available. The total due is payable before a HUMBL HUB or HUMBL MobilePayment can process the transaction. If HUMBL does not receive authorization from the Bank Card issuer (or your account provider, in the case of AlternativePayment Options), the transaction will not be processed and funds will not be transmitted to the Receiver. Each time You use your Bank Card or AlternativePayment Options to pay for Services, you agree that the HUMBL HUB or HUMBLMobile Payment App is authorized to charge Your applicable account or designated Bank Card or for the total disclosed to You relating to the transaction. Receiver will normally receive funds sent by You in cash, HUMBLMobile wallet, or a combination thereof; with some Services, funds may be credited to a bank, prepaid or credit card, mobile wallet, or similar account.Receiver may have the option to elect a payout method that differs from the payout method You specify depending on the destination country and regulatory restrictions; You authorize HUMBL HUBS or HUMBL Mobile APP to honor Receiver's election of payout method. Receivers who choose to receive funds through a payout method other than cash or in a currency other than the one You selected may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on Your transaction and/ orReceiver's receipt of, or access to, transferred funds. Transactions which exceed certain amounts to certain destinations, that implicate certain regulatory issues or consumer protection issues, or are sent through delayed options may take longer, be subject to dollar limits or be subject to additional restrictions. Certain transactions may be reported to applicable authorities. In certain destinations the Receiver may be required to provide identification and answer a test question or both to receive funds in cash.Test questions are prohibited in certain countries, and test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction. HUMBL HUBS and HUMBLMobile App relies on the information you provide us to send money. Please review all transaction details for accuracy before completing your transaction.
a. Funding Your HUMBL Account
To begin using your HUMBL Account, you must transfer funds to your HUMBL Account.
In order to be enabled to transact in currency on HUMBL, you must complete certain KYC/AML requirements.
To fund your e-Wallet, you must first link an approved external bank account, and then authorize HUMBL’sCustodian to debit funds from the external bank account that you designate to link to the HUMBL platform. After you have provided such authorization, you may transfer funds to your e-Wallet. Alternatively, you may instruct your external financial institution to wire funds directly to the Custodian.
You may make deposits to your e- Wallet periodically and at your discretion, but you acknowledge and agree that it is solely your responsibility to ensure there are sufficient funds in your HUMBL Account to (i) engage in any transactions you execute with your HUMBL Account or your credentials; and (ii) pay any transactional or other fees associated with your HUMBL Account.
You represent and warrant that all funds transferred into your HUMBLAccount are not the direct or indirect proceeds of any criminal or fraudulent activity.
You may withdraw currency from your HUMBL Account. HUMBL may, in its sole discretion, impose limits on the amounts that you are able to withdraw from your HUMBL Account on a daily or other periodic basis.
HUMBL charges certain fees for access to or use of theServices. Detailed information about these fees is available on our Fees page [hyperlink]. Our fees may change from time to time, so you should review the Fees Page periodically.
By using the Services, you agree to pay HUMBL any and all applicable fees, and to maintain a sufficient balance in your HUMBL Account to meet any relevant fees. You authorize HUMBL to charge or deduct any applicable fees from your HUMBL Account.
d. Transaction History
Your transaction history is available through the Services and will show all of your transactional activity, including pending transactions, deposits and withdrawals, as well as the balances in your e-Wallet. HUMBL will use commercially reasonable efforts to ensure that the information contained in your transaction history is accurate. Any transaction listed in your transaction history or otherwise communicated to you by HUMBL will be deemed to be valid and correct unless you provide written notice to HUMBL Customer Support at firstname.lastname@example.org within three (3) days of the transaction.
Nothing in your transaction history shall be deemed a valuation by HUMBL, or any other third party.
e. Unauthorized Transactions
When a transaction occurs using yourHUMBL User ID or your HUMBL Account, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly executed, you must contact HUMBL Customer Support as soon as possible either via email at email@example.com. It is important that you regularly check your transaction history as well as the balances in your e-Wallet to ensure you notify us of any unauthorized or incorrect transactions.
You acknowledge and agree that HUMBLis not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.
f. Electronic Fund Transfer Disclosure Statement
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your HUMBL Account. This disclosure statement may not apply to you if you do not transact with fiat currency on HUMBL.
g. International Transfers & Currency Exchange
Subject to applicable laws, international transfers may be canceled for a full refund of the principal and fees paid within 30 minutes of payment, unless the funds have been picked up or deposited. You may also receive a full refund in certain circumstances if you successfully assert an error or as otherwise provided under applicable law.
In addition to the transfer fees applicable to this transaction, a currency exchange rate will be applied.United States currency is converted to foreign currency at an exchange rate set by HUMBL unless the laws of the designated payout location do not permit HUMBL to set an exchange rate. Any difference between the rate given to You and the ate received by HUMBL will be kept by HUMBL (and its HUB Agents in some cases)in addition to the transfer fees. Subject to applicable law, the actual or estimated currency exchange rate applicable to Your transaction will be provided to You on the written disclosures provided to You by HUMBL in connection with Your transaction. Payouts will generally be made in the national currency of the designated payout location ("LocalCurrency"). In some countries, You may designate a payout currency other than the Local Currency; however, the alternate currency You choose may not be available at all Agent locations. HUMBL is not responsible for the currency exchange rate that will be applied if Receiver chooses to receive a currency other than the currency You selected.
Subject to applicable law:(i) transfers may be canceled for a refund of the principal amount, unless the funds have been picked up or deposited at the time HUMBL receives Your written request; (ii) for certain services, excluding HUMBL's prepaid products and services, HUMBL may provide a transfer fee refund if funds are not available within the specified timeframe; and HUMBL may charge You a fee to refund the principal amount back to You in those instances where Receiver rejects Your funds. Qualifying refunds for transfers that begin and end in the United States will be made within 45 days of receipt of Your valid written request. HUMBL may issue Your refund through a refund to the credit or debit card that was used to pay for the transaction. In lieu of receiving the refund by credit or debit card, You may request HUMBL to mail You a check in the amount of the refund.Where required by law, refunds associated with certain international transfers may be eligible for different treatment.
The following provision applies only to transactions from California:
RIGHT TO REFUND: "You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if HUMBL does not forward the money received from You within 10 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by You within10 days of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted You have a right to a refund of Your money. If You want a refund, You must mail or deliver Your written request to HUMBL LLC(insert address). If You do not receive Your refund, You may be entitled toYour money back plus a penalty of up to $1,000 and attorney's fees pursuant toSection 2102 of the California Financial Code."
An “Electronic Fund Transfer”is any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application.
A “Preauthorized ElectronicFund Transfer” is an Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
Authorized Transfers:You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly.
Unauthorized Transfers:If you believe your HUMBL Account or HUMBL User ID or other identifying information has been lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers, you must inform HUMBL immediately to keep your possible losses to a minimum. You could lose all the money in your HUMBLAccount. To report a complaint relating to the bank services, email firstname.lastname@example.org.
You may only cancel a transaction initiated via the Services if such cancellation occurs before your transaction has cleared. HUMBL reserves the right to refuse any cancellation request associated with a transaction after submission.
If you have insufficient funds to support a transaction, HUMBL may cancel the transactions after deducting any fees payable to HUMBL.
10. Account Suspension, Termination or Closure
HUMBL may, in its sole discretion and without notice, terminate or suspend your HUMBLAccount or your access to or use of the Services at any time, for any reason, including breach of these Terms or of any HUMBL Policy.
You may close your HUMBL Account or cease using the Services at any time. To close your HUMBL Account, you must contact us at email@example.com.
We encourage you to withdraw any remaining balance from your HUMBL Account prior to issuing a request to close your account. We will be unable to close your account at your request unless you have withdrawn any remaining balances in your HUMBL Account. We reserve the right to restrict or refuse to permit withdrawals from your HUMBL Account if(a) HUMBL has already suspended or terminated your HUMBL Account pursuant to these Terms; (b) to do so would be prohibited by law or a court order or we suspect that your HUMBL Account is connected to fraudulent activity; or (c) you have not undergone the required identity verification procedure.
Account termination may result in destruction of any Content or User Information associated with your HUMBL Account.
You agree and consent to receive electronically all communications from HUMBL, including those communications relating to the Services or to your HUMBLAccount. You agree that HUMBL may provide these communications to you by posting them via the Services, emailing them to you at the email address you provide to HUMBL, and/orby sending an SMS or text message to the mobile phone number you provide to HUMBL.
It is your responsibility to provideHUMBL with your accurate email address, your contract information and/or mobile phone number, and to update such information with HUMBL. If HUMBL sends you an electronic communication but you do not receive it because your contact information on file is incorrect, or you are otherwise unable to receive electronic communications, HUMBL will be deemed to have provided the communication to you.
By agreeing to the Terms, you also agree to receive any communications from NIUM electronically.
All communications from HUMBL in electronic format will be deemed to be “in writing,” and to have been received within twenty-four (24) hours after posting or dissemination.
You may decline or withdraw consent to receive communications electronically from HUMBL, but you agree and acknowledge that HUMBL may suspend or terminate your use of the Services if you do not consent to receive communications in electronic format.
You agree to indemnify and hold harmless HUMBL, its affiliates, officers, agents, employees, contractors, licensors and partners from and against any and all claims, actions, proceedings, investigations, liabilities, costs, damages(actual and consequential), losses and expenses (including attorneys’ fees)arising from or in any way related to (a) your use of, or conduct in connection with, the Services (including any actions taken by a third party using your HUMBLAccount or HUMBL User ID); (b) your violation of these Terms; or (c)your violation of any applicable law, regulation, or rights of any third party.
If you are obligated to indemnify HUMBL or any of the indemnified parties identified above, HUMBL (or, at HUMBL’s discretion, the applicable indemnified party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether HUMBL wishes to settle, and if so, on what terms.
If you are a California resident, you waive California Civil Code Section 1542, which states:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTIVE THE RELEASE,WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY HIS OR HER SETTLEMENT WITH THE DEBTOR.”
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
None of HUMBL, its licensors, partners, suppliers or service providers make any representations or warranties concerning any Content or other material contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. HUMBL will have no liability or responsibility for any permanent or temporary inability to access or use any Services.
TOTHE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND CONTENT ARE PROVIDED BY HUMBL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS‑IS” BASIS, AND HUMBL DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THAT HUMBL WILL PROCESS A TRANSACTION PROPERLY OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH UTILIZING AN INTERNET-BASED FINANCIAL SYSTEM, INCLUDING WITHOUT LIMITATION, THE FAILURE OF HARDWARE, SOFTWARE AND INTERNET OR OTHER NETWORK CONNECTIONS AND THAT HUMBL SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, REGARDLESS OF THE CAUSE. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH THE SERVICES.
THE DISCLAIMER OF WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT ITIS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
TOTHE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL HUMBL, ITS LICENSORS, SUPPLIERS, AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS,JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION ARISING OUT OF OR RELATED TO THE TERMS, YOUR USE OR ATTEMPTED USE OF HUMBL, ANY OF THE SERVICES(AS DEFINED ABOVE), OR ANY OF THE OTHER INFORMATION, SERVICES OR TRANSACTIONS CONTEMPLATED BY THESE TERMS, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OFTHE FEES PAID BY YOU TO HUMBL IN CONNECTION WITH THE SERVICES IN THE THREE (3)MONTH PERIOD PRECEDING THE APPLICABLE CLAIM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
a. Initial Dispute Process
If you have a complaint against or dispute with HUMBL, you agree to notify HUMBL first through HUMBL Customer Support at firstname.lastname@example.org to attempt to resolve the dispute. Within fifteen (15) business days of HUMBL Customer Support receiving a Complaint, a HUMBL representative will contact you at the email address that you have provided as associated with yourHUMBL Account to inform you of HUMBL’s determination regarding the validity of your complaint; and how, if at all, HUMBL is willing to resolve your complaint(the “HUMBL Resolution”). In the alternative, HUMBL may request a formal written explanation of any dispute (a“Written Complaint”) after reviewing your initial Complaint, and before providing a HUMBL Resolution. Within 20days of receiving a Written Complaint, a HUMBL representative will contact you via email to inform you of the HUMBL Resolution.
If HUMBLis unable to respond to you within the specified timelines, a HUMBL representative will contact you via email to inform you of the deadline by which HUMBL will respond to you.
You agree to engage in this informal dispute resolution process before filing any arbitration claim. If you do not provide a Complaint or engage in this initial dispute resolution process prior to filing an arbitration, HUMBL shall have the right to request that the arbitrator dismiss your filing unless and until we engage in the process described in this section.
b. Arbitration Agreement
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate ALL disputes with HUMBL and limits the manner in which you can seek relief.
You and we acknowledge and agree that any controversy, claim or dispute arising out of or relating to the subject matter of these Terms or to the Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be finally resolved, on an individual basis, through binding arbitration. Any arbitration shall be conducted (i) confidentially, (ii) in English, (iii) by the American Arbitration Association and Meditation (AAA), (iv) before a single arbitrator with substantial experience in resolving commercial contract disputes, and (v) in accordance with the AAA Comprehensive Dispute ResolutionRules and Procedures, available at www.adr.org.
Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
Any dispute over the arbitrability of these Terms and/or the arbitrability of any dispute shall be resolved in arbitration in accordance with this provision.
You agree that you are electing to have any and all claims and disputes between you and HUMBL resolved by binding arbitration and are giving up any rights to go to court, except as expressly provided herein. YOU ACKNOWLEDGE AND AGREE YOU AND HUMBL ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY.
To the extent that any controversy, claim or dispute is not resolved by binding arbitration, you and HUMBL agree that any judicial proceeding will be brought in the state or federal courts located in California.
c. Class Action Waiver
TOTHE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN APARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. A CLAIMANT ORTHE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION OR JOINT LITIGATION. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY, ON A CLASS BASIS OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. YOU ACKNOWLEDGE AND AGREE THAT YOU AND HUMBL ARE WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS REPRESENTATIVE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
a. Governing Law
TheseTerms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws principles, and the same will apply to any dispute that arises between you and HUMBL.
b. Entire Agreement
TheseTerms do not alter any agreement you have with the Custodian regarding theServices. In the event of any conflict between these Terms and any agreement with the Custodian, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden.
All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms shall survive termination of your HUMBL Account. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
d. No Waiver
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your HUMBL Account, in any way (by operation of law or otherwise)without HUMBL’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent, including as part of a change of control or other corporate combination or transaction.
You acknowledge and agree that any of HUMBL’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
The section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
If any provision of these Terms shall be determined to be unenforceable or invalid under any rule, law or regulation of any local, state or federal government, such provision will be limited, changed or eliminated only to the minimum extent necessary to accomplish the objectives of the provision to the greatest extent possible under applicable law and these Terms shall otherwise remain valid, in full force, and enforceable.
h. Force Majeure
HUMBL shall not be liable for delays, failure in performance or interruption of any of the Services which result directly or indirectly from any abnormal or unforeseeable circumstance, cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications orInternet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
For more information about HUMBL or any of the Services, please visit our website HUMBL.com. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact our Customer Support team at email@example.com.