Terms and Conditions


AGREEMENT BETWEEN USER AND HashRiver.


The hashriver.cloud Web Site is comprised of various Web pages operated by HashRiver. The HashRiver Web Site is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HashRiver Web Site constitutes your agreement to all such terms, conditions, and notices.


CLOUD MINING AND INVESTMENT


Investing involves risk, including possible loss of principal. In addition to the normal risks associated with investing and mining, cryptocurrency mining investments and related instruments may involve risk of capital loss from unfavorable fluctuation in cryptocurrency values, exchange-related risks, policy risks, liquidity, and market price fluctuation and demand. HashRiver does not trade, buy or sell cryptocurrencies for or with its customers. The strategies discussed are strictly for illustrative and educational purposes and should not be construed as a recommendation to purchase. There is no guarantee that any strategies discussed will be effective. The information provided is not intended to be a complete analysis of every material fact respecting any strategy. The examples presented do not take into consideration commissions, tax implications, or other transactions costs, which may significantly affect the economic consequences of a given strategy.


ALL SALES ARE FINAL


HashRiver will not accept returns and all sales are final.


EARNED CREDITS MAY CHANGE IN FUTURE


HashRiver cannot guarantee the credits the device pays will stay the same in the future; they may go up or down. This is especially true since the credits are tied to the difficulty in mining Bitcoin and Litecoin, which, if history is any indication, increases at an exponential rate. Earned credits are also tied to the market value of cryptocurrencies.


IMPOSSIBILITY OF PERFORMANCE; SUSPENSION; TERMINATION


If the fees to each customer for cloud mining must be raised to 100% in order for HashRiver to remain in business without a loss, or if despite raising fees to 100% HashRiver incurs a loss, HashRiver will suspend all contracts for cloud mining. HashRiver will turn the cloud mining back on once the fees are 99% or lower, however, following standard industry practice, if the fees to each customer for cloud mining are 100% and HashRiver is sustaining a loss for ten consecutive days, then HashRiver may unilaterally terminate all contracts for cloud mining completely, at its discretion and damages, if any, will be limited to those described in the LIQUIDATED DAMAGES clause of these Terms and Conditions. It is the wish of HashRiver that these events never occur and we have great confidence that the price of BTC will remain stable or grow over time. Our optimism is the reason that HashRiver continues to work hard to make sure all customers are happy and that the site is secure and interesting for its customers.


LIQUIDATED DAMAGES


All customers assume the risk that if mining difficulty and/or electricity costs for HashRiver rise to unmanageable levels and/or that due to these or other circumstances customer fees must be raised to unsustainable levels, and/or the demand for BTC and/or other virtual coins drops to unsustainable levels, and therefore the cost of doing business for HashRiver is not reasonably sustainable, then HashRiver reserves the right to close business, and damages, if any, will be limited to 10% of a reasonable, good faith estimate of the current fair market value of the remainder of the contract. All damages must be requested within 45 days of the first day of closing or non performance, or any claim for damages will be considered waived.


PURCHASES CAN BE REVERSED


HashRiver has the right to reverse transactions and transactions can be reversed by payment processors for up to 180 days. This includes PayPal reversals, credit card reversals, EFT/ACH reversals, or any other payment processor that may be used in the future. Cash transactions, if available, will never be reversed. In addition, transactions outside of the 180 day reversal period, or transactions that fall outside of this, such as cryptocurrency transactions, cannot be reversed.


ARBITRATION CLAUSE


All disputes regarding claimed damages shall be submitted to Arbitration with an Arbitrator agreed to by both parties. Arbitration shall be held in Los Angeles, California, United States.


SAFETY AND SECURITY


HashRiver is not responsible for hacked accounts or if you give your password to a third party. You should never use the same password for multiple websites. It is your responsibility to make sure your password is secure; ideally at least 12 characters long, mixed case, including numbers and special characters. Never share your password with anyone. HashRiver works with third party mining sites and other third party providers. As to those third party sites and providers you understand that HashRiver has no control over internal or external activities affecting those third party sites and providers, and should there be any interruption of service from said thirds party sites or providers for any reason, you understand and agree that HashRiver shall not be liable for any losses incurred by you such as a particular coin's loss in value, or a particular coin becoming non-existent or other loss. You understand that any internet related site including those third party sites and providers that HashRiver uses or does business with, are subject to losses due to hacking, fraud either internal or external, mismanagement, governmental and/or administrative actions, policies and procedures, or Acts of God such as natural disasters, war or civil strife and you hold HashRiver harmless for any losses incurred by you in any of the above circumstances that are out of the control of HashRiver. HashRiver is not a bank nor is it a wallet. Withdraw your coins promptly and do not let them accumulate. HashRiver is a secure site and HashRiver is not responsible for the loss of cryptocurrency to third parties by actions that are beyond HashRiver's reasonable control. In any event, HashRiver will never be responsible for lost or stolen virtual coins at the hands of third parties that are beyond the reasonable scope of HashRiver's control, but in the unlikely event that it is shown the fault lies with HashRiver, you agree to damages for any alleged loss be set at $1.00 (One USD) per account.


MODIFICATION OF THESE TERMS OF USE


HashRiver reserves the right to change the terms, conditions, and notices under which the HashRiver Web Site is offered, including but not limited to the charges associated with the use of the HashRiver Web Site.


LINKS TO THIRD PARTY SITES


The HashRiver Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of HashRiver and HashRiver is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HashRiver is not responsible for webcasting or any other form of transmission received from any Linked Site. HashRiver is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HashRiver of the site or any association with its operators.


ADVERTISEMENTS


HashRiver may allow placement of advertisements on the HashRiver site. These advertisements are generated without the input of HashRiver and the contents are not controlled by HashRiver. HashRiver does not endorse, promote, sponsor or recommend companies, services or products that may be displayed in said advertisements.


FORCE MAJEURE


An event of force majeure is an event or circumstance which is beyond the control and without the fault or negligence of the party affected and which by the exercise of reasonable diligence the party affected was unable to prevent provided that event or circumstance is limited to the following: (a) riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition or compulsory acquisition by any governmental or competent authority; (b) ionizing radiation or contamination, radio activity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel, radio active toxic explosive or other hazardous properties of any explosive assembly or nuclear component; (c) pressure waves caused by aircraft or other aerial devices traveling at sonic or supersonic speeds; (d) earthquakes, flood, fire or other physical natural disaster, but excluding weather conditions regardless of severity; and (e) strikes at national level or industrial disputes at a national level, or strike or industrial disputes by labor not employed by the affected party, its subcontractors or its suppliers and which affect an essential portion of the works but excluding any industrial dispute which is specific to the performance of the works or this contract. Operative clause 1- Neither party is responsible for any failure to perform its obligations under this contract, if it is prevented or delayed in performing those obligations by an event of force majeure. 2- Where there is an event of force majeure, the party prevented from or delayed in performing its obligations under this contract must immediately notify the other party giving full particulars of the event of force majeure and the reasons for the event of force majeure preventing that party from, or delaying that party in performing its obligations under this contract and that party must use its reasonable efforts to mitigate the effect of the event of force majeure upon its or their performance of the contract and to fulfil its or their obligations under the contract. 3- Upon completion of the event of force majeure the party affected must as soon as reasonably practicable recommence the performance of its obligations under this contract. Where the party affected is the contractor, the contractor must provide a revised program rescheduling the works to minimize the effects of the prevention or delay caused by the event of force majeure. 4- An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. 5- The contractor has no entitlement and the project company has no liability for: (a) any costs, losses, expenses, damages or the payment of any part of the contract price during an event of force majeure; and (b) any delay costs in any way incurred by the contractor due to an event of force majeure.


NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the HashRiver Web Site, you warrant to HashRiver that you will not use the HashRiver Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HashRiver Web Site in any manner which could damage, disable, overburden, or impair the HashRiver Web Site or interfere with any other party's use and enjoyment of the HashRiver Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HashRiver Web Sites.


CONTINUITY OF SERVICES POLICIES; COMPENSATION POLICIES


HashRiver will provide continuous service to the best of HashRiver's ability. The HashRiver site is monitored frequently by the HashRiver team. As with all web based services there will be times where service is interrupted. HashRiver will aggressively pursue continuous service for all of HashRiver's clients. If an interruption event occurs due to any issues that are beyond the control of HashRiver, HashRiver will generally not be liable for lost mining time. When service is interrupted by events that are under HashRiver's control, compensation will be considered on a case by case basis, upon direct written request only. Any compensation award will be in the absolute discretion of HashRiver. Priority of compensation will be given to Cloud Contracts as those directing mining power to HashRiver have the option of directing their mining power elsewhere. Both Cloud Contracts and external mining client's hereby accept the responsibility of monitoring their HashRiver account at least once per week and lodging any requests for compensation within one week of any interruption event. Client agrees that they waive any claim of compensation for an interruption event if client fails to make a claim for compensation within a week of any given interruption event. An "interruption event" is defined as an interruption of client connectivity to mining services through the HashRiver platform for a period of greater than 2 hours. Written claims for compensation must be submitted directly to support@HashRiver and may only be claimed directly from the owner of the account. Compensation, if granted, may take the form of a BTC account credit or other HashRiver offered coin account credit, extension of contracts or other form as HashRiver determines in its absolute discretion.


CUSTOMER RISK DISCLOSURE


Client hereby acknowledges that there are substantial risks associated with Virtual Currencies, including the fact that: transactions in Virtual Currency are generally irreversible and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; the volatility of the price of Virtual Currency relative to Fiat Currency may result in significant loss or tax liability over a short period of time; there is an increased risk of loss of Virtual Currency due to cyber attacks; virtual currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to FDIC or SIPC protections; among others. HashRiver takes security seriously and guards against cyber attacks, hacking and fraud, but cannot be a Guarantor of potential Client losses that might arise from cyber attacks, attacking, fraud, and the like that might occur despite HashRiver's continuing efforts to keep is customers coins and transactions safe and secure. HashRiver SHOULD NOT BE USED AS A WALLET to store crypto coins. Transfer your coins to the wallet of your choice at your earliest opportunity. Should Client incur a loss for events described in this paragraph, Client understands, acknowledges and agrees that HashRiver's liability, if any, shall be limited to One Dollar U.S. ($1.00) per Customer.


MINORS ARE PROHIBITED


You must be of legal age and have the capacity to enter into a contract, under both federal and your state's laws in order to mine with, have an account with or conduct business with HashRiver. You must be of legal age and have the capacity to enter into a contract, under the laws of any foreign Country in which you may reside in order to mine with, have an account with or conduct business with HashRiver. Should it be discovered that you are a minor and/or do not have the capacity to contract your account will be immediately frozen and be reported to the appropriate legal authorities.


LIABILITY DISCLAIMER


THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HashRiver WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HashRiver AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HashRiver WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE HashRiver WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. HashRiver AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HashRiver WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HashRiver AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HashRiver AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HashRiver WEB SITE, WITH THE DELAY OR INABILITY TO USE THE HashRiver WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HashRiver WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE HashRiver WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HashRiver OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HashRiver WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HashRiver WEB SITE.
TERMINATION/ACCESS RESTRICTION


HashRiver reserves the right, in its sole discretion, to terminate your access to the HashRiver Web Site and the related services or any portion thereof at any time without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, U.S.A. in all disputes arising out of or relating to the use of the HashRiver Web Site. Use of the HashRiver Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HashRiver as a result of this agreement or use of the HashRiver Web Site. HashRiver 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HashRiver 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HashRiver Web Site or information provided to or gathered by HashRiver with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HashRiver with respect to the HashRiver Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HashRiver with respect to the HashRiver Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


COPYRIGHT AND TRADEMARK NOTICES:


All contents of the HashRiver Web Site are: Copyright 2021 by HashRiver and/or its suppliers. All rights reserved.


TRADEMARKS


The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.


NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT


Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.


support@hashriver.cloud