Terms of service
GENERAL TERMS AND CONDITIONS
UPDATED October 22, 2024
OVERVIEW
HumbleSeed.com is owned operated and maintained by Tilray Brands, Inc. our subsidiaries, and affiliates (collectively, “Tilray,” the “The Humble Seed,” “we” or “us”) and was created for your on-line shopping needs and information on our business and products. Your use of this site, and the information on this site, is subject to the following terms and conditions. Your use of this site is subject to the most current terms and conditions posted on the site at time of such use; your use and browsing of this site constitutes your acceptance, without limitation or qualification, of the rules within the terms and conditions of use. The Humble Seed reserves the right to modify these terms and conditions without notice. By visiting our site, you affirm that you are of legal age and/or have the authority to enter into this agreement, and you accept and are bound by these terms and conditions. The Terms and Conditions apply to all users of this site, including without limitations users who are customers, vendors, browsers and/or other merchants. This page contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
These terms are an integral part of the website Terms and Conditions that apply generally to the use of our site.
ACCEPTANCE
These Terms and Conditions (these “Terms”) apply to services through humbleseed.com (the “Site”). These Terms are subject to change by The Humble Seed without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
PROHIBITED USES
You may not use the Site or its content for any purpose that is (a) unlawful or (b) to solicit others in the performance of any unlawful activity or (c) to infringe upon the rights of The Humble Seed or others. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
SITE LICENSURE
Along with complying with our Terms, The Humble Seed and our applicable affiliates grant you a restricted, fixed, and non-subcontract license to enter and make personal, non-commercial use of our Site's content and resources. With this license, you cannot:
• Make borrowed use of our content and resources.
• Download, copy, or utilize account information to benefit third parties.
• Use any robots, data mining, or similar data gathering extraction tools.
• Resell or make commercial use of our site, its resources, content, or our products.
Any and all rights not expressly allowed to you within our Terms are reserved and retained by us, our suppliers, content providers, publishers, licensors, or rights-holders. You are not allowed to reproduce, duplicate, copy, sell, resell, or otherwise exploit any content or resources posted on the Site, or products sold through our online Amazon store, without prior written authorization from us. You do not have our permission to abuse or misuse our content, products, or resources; applicable laws and our Terms subject your use of our site. We reserve the right to terminate these licenses if you fail to comply with our Terms.
PROPRIETARY INFORMATION
The content and material – henceforth referred simply as "content" – from our site, or any other Internet site owned, controlled, operated, or licensed by Tilray are proprietary information belonging to us or our content providers. Our content providers and Tilray retain all rights, interests, and titles within the content. Under our Terms, you have no authorization to copy, transmit, distribute, display, republish, post, or upload from our site in any way without our prior written approval, or stated otherwise on our site. You may print a copy of our site's content strictly for personal use. By doing so, you also consent not to directly or indirectly change or remove any copyright, trade name, service mark, trademark, or any other proprietaries shown on any of our content. Any alterations or use of content outside the guidelines of our Terms violates intellectual property rights. By accessing our site, you do not own any rights or titles to our content or other intellectual properties.
TRADEMARKS AND COPYRIGHTS
Any trademarks, logos, service marks, graphics, coding, images, buttons, icons, banners, multimedia clips, and software on this Site belongs strictly to Tilray and to the providers of those materials. Tilray and our material providers retain all rights regarding any respective trademarks, logos, service marks, and copyright material on our site. You have no permission to use our trademarks and trade dress in conjunction with any products or services not belonging to Tilray, in any manner potentially confusing with customers, or in any disparaging or discrediting way.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tilray, our , partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
LIMITED LIABILITY
THE HUMBLE SEED SHALL NOT IN ANY EVENT BE LIABLE TO THE YOU OR YOUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CUSTOMERS, USERS OF OUR GOODS, OR ANY THIRD PARTY FOR ANY TYPE OF INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND CONDITIONS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR AMAZON.COM SITE.
Limitations on implied warranties, or the exclusion or limitation of certain damages are not allowed by certain state laws. If these laws apply to you, some or all of the exclusions, limitations, or disclaimers may not be applicable, and you may incur additional rights.
COMPLIANCE
The Humble Seed warrants that all goods supplied shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances at the time of delivery; provided, however, the parties hereto acknowledge that the products contain, or are derived from, hemp in accordance with the parties’ understanding of Section 7606 of the Agricultural Act of 2014 and/or the related provisions of the Agriculture Improvement Act of 2018 (collectively, the “Farm Bill”), though there remains uncertainties as to whether any other federal, state or local law may or may not conflict with, or be superseded by, the Farm Bill. Each party acknowledges that such currently existing uncertainties under federal, state and local laws concerning hemp are subject to change at any time in the sole discretion of the applicable authority. Each party hereby waives any defenses to the enforcement of this purchase order based on an “illegality of purpose” theory or related defenses.
FORCE MAJEURE
The Humble Seed will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
PRIVACY
Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Humble Seed.
SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
GOVERNING LAW AND JURISDICTION
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the United States. Accessing the Site and purchasing its products is at your own risk; you are entirely liable for compliance with all applicable laws, regulations, treaties, and rules.
DISPUTE RESOLUTION AND BINDING ARBITRATION
(a) YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The seat and place of arbitration shall be New York, New York. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
ENTIRE AGREEMENT
These Terms, our Website Terms, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.