Cloud Rush Terms of Service

1. Your Acceptance

Welcome to the User Terms of Service for Cloud Rush and any associated websites, software, mobile applications, and any services provided by CLOUD RUSH INC collectively referred to as the “Platform”). This is an agreement (“Agreement”) between CLOUD RUSH INC (“Cloud Rush"), the owner and operator of the Platform and you (“you”, “your” or “User(s)”), a User of the Platform.

PLEASE BE AWARE THAT THERE ARE ARBITRATION, PAGA, AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

Throughout this Agreement, the words “Cloud Rush,” “us,” “we,” and “our,” refer to our company, CLOUD RUSH INC, as is appropriate in the context of the use of the words.

By clicking “I agree” or accessing the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so.

2. User Accounts and Sign-up

Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form and to submit verification where required. Where a User creates an account, we may ask you to provide identification so that we may verify your identity. Where required, Cloud Rush may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Cloud Rush immediately of any unauthorized use of your account or any other breach of security. Cloud Rush will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Cloud Rush or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Cloud Rush has the sole discretion in granting or denying any accounts.

3. Know Your Customer

In order to comply with US federal and state law requirements, we may conduct a background check or require you to verify the personal and financial information submitted by you (collectively “KYC”). By creating an account, you expressly authorize us to conduct such KYC and you authorize us to verify and share any information provided by you with third parties that we may hire or use for such verifications. When we carry out these KYC inquiries, you acknowledge and agree that your personal information may be disclosed to credit, fraud, and crime prevention agencies. Failure by you to provide the proper KYC information or failure by us to confirm any KYC information provided shall invalidate your purchase or your registration. After registration and upon verification of KYC information you shall be permitted to purchase any Hardware or access the Platform. You are solely responsible for providing correct, accurate, and up-to-date information for any KYC reviews. You represent and warrant that all of the information you provide for KYC is truthful, correct, accurate, and up-to-date. You permit us to keep records of such KYC and we may provide any KYC information to relevant authorities or third parties in the event of a criminal or legal investigation.

4. Age and Other Eligibility

Users of the Platform must be at a minimum 18 years of age. Eligibility for you to use the Platform is subject to the local laws of your jurisdiction and any applicable laws that Cloud Rush may be subject to. You may not access this Platform or purchase any Hardware where prohibited by the local laws of your jurisdiction.

5. Additional Eligibility

Only citizens and residents of the United States of America may access the Platform and enter into this Agreement. Please be aware that if you are a resident of the following states you may not use the Platform or register an account with Cloud Rush: Alabama, Alaska, Connecticut, Florida, Georgia, Hawaii, Iowa, New Mexico, New York, North Carolina, Ohio, Oregon, Vermont, Washington, Wisconsin, Arkansas, Idaho, Louisiana, and Nebraska.

6. Hardware

Please be aware that Cloud Rush may require an additional hardware (“Hardware”) purchase to access or use some portions of the Platform. Such Hardware purchase is subject to the Cloud Rush Hosting and Mining Purchase Agreement and is subject to any additional terms or license agreements related to such Hardware and any warranties (if any) therein. Nothing in this Agreement obligates us to make any Hardware available to you.

7. Access

After creating an account, we may grant you access to the Platform as permitted by us and at our discretion. Where you download any portions of our Platform we grant you a limited, non-exclusive, fully revocable, non-transferable, and non-assignable license to download and use the Platform in accordance with this Agreement. Your access is limited to yourself and is personal to you or your legal entity, you may not transfer or assign your access to any third parties. All rights not explicitly granted are reserved for Cloud Rush. Although we strive to make our Platform available at all times, the Platform may be degraded or unavailable at times and we make no guarantees about any Platform uptime or availability. Please be aware that we do not guarantee that any transaction will be executed, accepted, recorded, or remain open and you agree that your inability to access the Platform could result in financial losses. Cloud Rush shall not be liable for any losses resulting from or arising out of transaction delays. If you breach any of these access provisions or at our discretion, your access to use our Platform may be suspended or terminated. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third-party rights. Failure by us to revoke your access does not act as a waiver of your conduct. Nothing in this Agreement obligates us to provide you any access to the Platform or any of our associated services.

8. The Platform

The Cloud Rush Platform may allow you to purchase Hardware and mine, transfer, and collect digital currency (“Digital Currency”) that will be stored within your Cloud Rush hosted digital wallet (“Hosted Wallet(s)”). Cloud Rush has no obligation to support any Digital Currencies. Please be aware that although you may transact Digital Currency through the Platform, Cloud Rush does not own or control the underlying technology, software, or protocols (“Digital Currency Technology”) that govern the operation of Digital Currency. Where a change in the operations of a Digital Currency or Digital Currency Technology occur, Cloud Rush reserves the right to take such steps as may be necessary to protect the security and safety of assets held on the Cloud Rush Platform which may include suspending transfers or otherwise restricting access to Hosted Wallets. Cloud Rush may suspend or cease to support the transfer or storage of Digital Currency within any Hosted Wallet at any time at Cloud Rush’s discretion. Cloud Rush may suspend or reject your transaction requests, suspend or cease support for Digital Currency, or suspend or terminate your access to the Platform to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in this Agreement or at Cloud Rush’s discretion. You may be unable to withdraw Digital Currencies prior to Cloud Rush ceasing to support transfer of any such Digital Currency, or you may be unable to withdraw Digital Currency which may result in a loss to you.

9. Mining Services

You may participate in Mining Services (defined in the Rules) while using the Platform. The Mining Services are subject to the Cloud Rush Staking, Pledging, and Mining Rules (the “Rules”) https://www.cloudrush.io/copy-of-support The Rules are incorporated into this Agreement and subject to all terms of this Agreement.

10. No Investment Advice

Cloud Rush does not provide any investment, tax, or legal advice. We are not your broker, intermediary, agent or advisor and have no fiduciary relationship or obligation with you when you use the Platform to transfer or use Digital Currency. We have no liability for any of your activities or decisions made while using the Platform.

NO FINANCIAL, INVESTMENT, OR SECURITIES ADVICE IS GIVEN THROUGH THE PLATFORM. PLEASE CONSULT YOUR FINANCIAL PROFESSIONAL FOR ANY ADVICE. Nothing contained on the Platform constitutes a solicitation, recommendation, endorsement, or offer by Cloud Rush or any third party to buy or sell any Digital Currencies, securities, or other financial instruments. Neither Cloud Rush nor any of its affiliated parties has: (1) passed on the merit or approved of any Digital Currencies displayed on the Platform; or (2) has endorsed or sponsored any Digital Currencies displayed. All content found on the Platform is provided for informational and educational purposes only. No content found on the Platform, whether created by Cloud Rush or another user is or should be considered as investment advice. PLEASE BE AWARE THAT ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.

11. Prohibited Uses

We may prohibit your use of the Platform if you are located within a high-risk jurisdiction or country including, but not limited to, to any countries sanctioned by the U.S. State Department or the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”). You are prohibited from using or accessing Cloud Rush to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. Cloud Rush reserves the right to deny, delay, or cancel a transaction it perceives as a risk of criminal or fraudulent activity at our sole discretion. Cloud Rush reserves the right to suspend or terminate your account or your use of the Platform, if we believe in our sole discretion that your activities have violated any prohibited uses or if your actions using the Platform may harm us or a third party. You agree to abide by all United States’ laws (federal, state, and local) and the local laws of your jurisdiction while using the Platform. We may prohibit other uses or promulgate rules of use which will be stated within the Platform and updated from time to time. Your continued use of the Platform shall be subject to your ongoing compliance with such prohibitions and any rules.

12. Transaction Rates

Digital Currencies are inherently volatile and risky. The Platform attempts to provide up to date information for all Digital Currency listed; however, due to the nature of Digital Currencies some information may be out of date or inaccurate. Any transaction should be quoted at the then listed rate of the trading platform you have selected. As you control your own Hosted Wallet you are solely responsible for verifying any rates for any Digital Currencies we cannot change, reverse, or alter any rates. As Cloud Rush is a non-custodial exchange, we are not liable to you for any inaccurately quoted rates for any Digital Currency and have no liability to you for any rates displayed. Our Platform cannot control the timing of any transactions, transaction times are based on your Digital Currency selected and we are not liable or responsible for any delays or any issues due to untimeliness of any transactions initiated through the Platform.

13. Wallets

a. Custodial Wallet

Cloud Rush does not own any Digital Currency that it holds for you in your Hosted Wallet. Although Cloud Rush controls the private keys for the blockchain addresses for deposited Digital Currency in your Hosted Wallet, the title to any Digital Currency is held by you and subject to this Agreement and applicable law. As the owner of Digital Currency in your Hosted Wallet, you shall bear all risk of loss of such Digital Currency. Cloud Rush shall have no liability for Digital Currency fluctuations. At any time, subject to outages, downtime, and other applicable policies or this Agreement, you may transfer your Digital Currency from your Hosted Wallet at your discretion.

b. Non-Segregation

Your Digital Currency deposited in your Hosted Wallet is tracked by Cloud Rush and subject to our internal ledger calculations. Cloud Rush has no obligation to segregate any Digital Currency held in your Hosted Wallet and we may co-mingle Digital Currency held between separate accounts. You agree that you will not claim ownership of any particular Digital Currency based on the blockchain address, blockchain transfer record or other basis.

c. Supported Digital Currency

You agree that you will not attempt to use your Hosted Wallet to store, send, request, or receive any Digital Currency that is not supported by Cloud Rush. Cloud Rush assumes no responsibility in connection with any attempt to use your Hosted Wallet with any unsupported Digital Currency. We may discontinue support for any Digital Currency at our discretion. Under no circumstances should you attempt to use your own Hosted Wallet to store or transact any non-supported digital currencies. PLEASE BE AWARE THAT ANY NON-SUPPORTED DIGITAL CURRENCY MAY BE LOST IF YOU ATTEMPT TO STORE SUCH DIGITAL CURRENCY IN YOUR HOSTED WALLET. CLOUD RUSH ASSUMES NO RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY ATTEMPT TO USE OR STORE ANY DIGITAL CURRENCIES AND YOU RELEASE CLOUD RUSH FROM ANY LIABILITY AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS REGARDING YOUR HOSTED WALLET.

d. Insufficient Amounts

If you have an insufficient amount of Digital Currency in your Hosted Wallet, we may cancel your transfer request or otherwise suspend your account until such insufficiency has been remediated. Where you owe any fees or have a negative balance in your Hosted Wallet you agree that we may offset or otherwise deduct balances from your Hosted Wallet as necessary to pay for any fees that you owe to us.

e. Wallet Types

The Hosted Wallets made available through the Platform may include both User’s basic wallet (“Basic Wallet”) and pledge wallet (“Pledge Wallet”). Both the Basic Wallet and the Pledge Wallet may be subject to transfer and limit restrictions subject to Cloud Rush’s internal policies. The Pledge Wallet shall be used by you to participate in any Mining Services (defined in the Rules).

f. Acknowledgement of Risks

You acknowledge that Digital Currency held in your Hosted Wallet is not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or any other governmental deposit or insurance program. You understand and agree that some or all of your Digital Currency held within your Hosted Wallet may become inaccessible.

14. Transfers

Through the Platform you may be able to initiate transfers of Digital Currency to and from your Hosted Wallet. Cloud Rush reserves the right to refuse to process or to cancel any pending transfers as required by law, at our discretion, in response to a subpoena, court order, or other binding government order, or to enforce transaction limits. Please be aware that once a transfer is initiated via your Hosted Wallet, Cloud Rush may not reverse such transfer. For any transfers initiated using the Platform, Cloud Rush may take a transfer fee, whether or not such transfer is successful. The transaction fee for any transfer using the Platform may be one percent (1%) or another amount as listed within your account or on the Platform (collectively “Transaction Fee”). For more information regarding Transaction Fees please contact us or visit the Platform https://www.cloudrush.io/copy-of-support. We cannot control the transaction time for any requested transfers and such transaction times depend Digital Currency Technology with which we have no control over, we will not be liable for any transfer delays or mis-processing of Digital Currency transactions due to any Digital Currency Technology, you are solely responsible for understanding and ensuring any transaction times and to pay any “gas” or external transaction fees for any Digital Currency transferred to an External Wallet (defined below).

a. Deposits

In order to use the Platform or to purchase any Hardware you may be required to transfer Digital Currency that is supported by the Platform to your Hosted Wallet. The Hosted Wallet may permit you to generate wallet addresses to which Digital Currency may be transferred from an account, wallet or address not hosted or controlled by Cloud Rush (“External Wallet”). Prior or during creation of a Hosted Wallet, Cloud Rush may require that you verify your control over an External Wallet or satisfy other KYC as required. Once you have established a Hosted Wallet on the Platform you may transfer any Digital Currency that is supported to the Hosted Wallet. If you transfer to your Hosted Wallet any Digital Currency that is not supported by the Platform, such Digital Currency may be permanently lost. You will not be entitled to receive any interest or other fees from any Digital Currency held in your Hosted Wallet, even if Cloud Rush receives interest or other fees from any third parties.

b. Withdrawals

Where you have Digital Currency deposited in your Hosted Wallet, you may withdraw and transfer such Digital Currency from your Hosted Wallet to an External Wallet. All such transfers are executed solely at your instruction by Cloud Rush. You should verify all transaction information prior to submitting instructions to us. Cloud Rush is not able to reverse any withdrawals and will not have any responsibility or liability if you have instructed Cloud Rush to send Digital Currency to an address that is incorrect, improperly formatted, erroneous or intended for a different type of Digital Currency. We may refuse to process or cancel any pending withdrawal requests in accordance with this Agreement or our policies or as required by law or any court or other authority to which Cloud Rush is subject to. Please be aware that we do not guarantee any amounts or identities of any recipients of any withdrawals sent to an External Wallet.

c. Transfer Limits

We may place transfer limits on withdrawals or deposits or suspend your ability to transfer Digital Currency from your Hosted Wallet as required by law or governmental regulation, to protect our business interests or any third-party interests, or in accordance with our internal policies. You are required to retain in your Hosted Wallet a sufficient quantity of Digital Currency to pay for any cost or fees owed to Cloud Rush, for your use of the Platform, or for your purchase of any Hardware. In addition, there may be limits on: (i) the amounts that you are able to transfer on a daily or other periodic basis; (ii) the amount or timing of transfers; (iii) the amount transferred to comply with any relevant laws or third-party agreements; or (iv) other limits based on risk mitigation, internal policies, fraud prevention and other security protocols implemented by Cloud Rush.

d. Additional Transfer Terms

You will be responsible for: (i) paying all fees charged by any third party service provider associated with any External Wallet as well as for paying any fees charged by Cloud Rush for any transfers; (ii) ensuring that any inbound and outbound transfers are handled in compliance with Cloud Rush requirements, third party service provider requirements or Digital Currency requirements; (iii) ensuring that the External Wallet address to which any Digital Currency are to be transferred is properly formatted and suitable for the type of Digital Currency being transferred; and (iv) ensuring that there are no errors in any of the transfer instructions you provide using the Platform. The timing for completing any transfer will depend on third party actions that are outside the control of Cloud Rush and Cloud Rush makes no guarantee regarding the amount of time it may take to complete any transfer. You may be prevented from sending a transfer request, or your transfer request may not be received by Cloud Rush due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). We have no liability to you for any failed transfer requests of your Digital Currency to and from your Hosted Wallet.

15. Fees

Please be aware that aside from Transaction Fees using the Mining Services or using other portions of the Platform may be subject to fees (collectively “Fees”). More information regarding any Fees may be found at: https://www.cloudrush.io/copy-of-support. We reserve the right to increase or decrease any Fees and may modify or update Fees at any time. Where we change any Fees https://www.cloudrush.io/copy-of-support may be updated. Your continued use of the Platform including any Mining Services is contingent on your timely payment of any Fees.

16. Disclosures, Disclaimers, and Release

Holding, mining, staking, transferring and/or using Digital Currency and using the Platform involves significant risks and potential for financial losses, including without limitation the following: (a) Digital Currency and the technology that is used to make the Digital Currency available is vulnerable to hacking, theft, and fraud; (b) Digital Currency may cease to exist otherwise, fail to operate, or be changed in a manner including without limitation a fork or rollback; (c) Any Digital Currency may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to the Digital Currency or underlying technology, suspension or cessation of support for a Digital Currency by Cloud Rush or other service providers, and other factors outside the control of Cloud Rush; and (d) Digital Currency may lose its value or functionality due to governmental action, laws, or regulation. We assume no responsibility for the operation, functionality, or security of the Digital Currency Technology. Digital Currency Technology is subject to change that is out of our control which could materially affect the value, functionality, availability, and use of any Digital Currency. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Cloud Rush in determining whether to continue to use the Platform, Digital Currency, or Digital Currency Technology. You acknowledge and accept the risks of using Digital Currency and any Digital Currency Technology and agree that Cloud Rush is not responsible for such operating changes and not liable for any loss of value you may experience as a result of using our Platform, the Digital Currency, or the Digital Currency Technology.

Digital Currency and the use of the Platform may: (i) result in loss of Digital Currency; (ii) decrease in or loss of all value for Digital Currency; (iii) result in an inability to access or transfer Digital Currency; (iv) result in an inability to trade Digital Currency; (v) result in an inability to receive financial benefits available to other Digital Currency holders; and (vi) other financial losses to you. You hereby assume and agree that Cloud Rush will have no responsibility or liability for such risks. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against Cloud Rush, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You accept the risk of all use of your Digital Currency within the Platform and are responsible for conducting your own independent analysis of the risks specific to the Digital Currency and the Platform. You should not acquire or use Digital Currency unless you have sufficient financial resources and can afford to lose all value of the Digital Currency.

Customer understands and agrees that the purchase of storage server (distributed) products and related services generated by operation will involve risks. These risks and other risks that will arise now or in the future may make Customer unable to obtain any benefits, suffer financial losses, and even cause the service provided by us to be terminated.

17. Privacy

Please read Cloud Rush’s Privacy Policy for more information regarding the collection and use of your information. The Privacy Policy is integrated into this Agreement by reference.

18. Access to the Platform

After properly registering for the Platform you shall be granted access to the Platform. Where you download the Platform, you are granted a limited, fully revocable license to access and use the Platform in accordance with this Agreement. Additionally, you agree to abide by the following restrictions listed below:

  • you may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform;
  • you may not share your access with any other parties unless permitted by us in writing;
  • you may not violate any laws, rules or procedures of the United States;
  • you may not violate any of our additional policies;
  • you may not use our Platform except through specific channels provided by us;
  • you may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake; and
  • you may not sell, lease, loan, distribute, transfer, or sublicense your access to the Platform.
  • Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your access to our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Cloud Rush or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.

    19. Your Conduct While Using The Platform

    When accessing or using our Platform, you are solely responsible for your use and for any use of the Cloud Rush Platform made using your account. You agree to abide by the following rules of conduct:

  • you will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
  • you will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
  • you will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
  • you will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • you agree not to use the Platform to stalk, harass, bully or harm another individual;
  • you agree that you will not hold Cloud Rush responsible for your use of the Platform;
  • you agree not to violate any requirements, procedures, policies or regulations of networks connected to Cloud Rush;
  • you agree not to interfere with or disrupt the Platform;
  • you agree to not violate any United States’ (“US”) federal or state laws while using the Platform or any local laws your jurisdiction; and
  • you agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
  • If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm Cloud Rush’s Platform or business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Cloud Rush reserves the right to suspend or terminate any account at any time without notice or explanation.

    20. Platform Availability

    Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that any portion of the Platform will work to the functionality desired by you or give you any desired results.

    21. Platform Modification

    We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. Nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.

    22. User Content

    Your ability to submit or transmit any information through the Platform, including but not limited to text, photos, videos images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. you understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. When you submit any User Content to us, you grant Cloud Rush, its partners, affiliates, users, representatives and assign a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit and share your User Content.

    23. Cloud Rush Content

    Although we intend to provide accurate and timely information on the Cloud Rush Platform, please be aware that information or content encountered on the Cloud Rush Platform may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Cloud Rush Platform are your sole responsibility and we shall have no liability for such decisions.

    24. Third Party Content

    Through the Platform, information from third parties may be aggregated or posted (“Third Party Content”). Third Party Content, including historical price and supply data for Digital Currencies, is for informational purposes only and Cloud Rush makes no representations or warranties to its accuracy. Links to Third Party Content may be provided as a convenience but are not controlled by us. Cloud Rush does not introduce, endorse, or recommend any third parties or Third-Party Content to you or vice versa. Any opinions, advice, or information expressed by any third party are those of the individual and the individual alone and they do not reflect the opinions of Cloud Rush. Cloud Rush does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any third party or any Third-Party Content. Please be aware that any Third-Party Content posted may not be truthful, accurate, or up to date. CLOUD RUSH EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (1) ANY INTERACTIONS BETWEEN YOU AND ANY THIRD PARTY; (2) ANY THIRD PARTY CONTENT, AND/OR (3) ANY LOSS OR INJURY ARISING OUT OF ANY ACT OR OMISSION OF ANY THIRD PARTY OR ANY THIRD PARTY CONTENT. CLOUD RUSH IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES (INCLUDING LOST PROFTIS) OR EXPENSES RESULTING THEREFROM OR OTHERWISE ARISING FROM YOUR USE OF THE PLATFORM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM CLOUD RUSH WITH RESPECT TO SUCH ACTIONS OR OMISSIONS OF A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ALL INTERACTIONS WITH ANY SERVICE PROVIDERS. YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, PLEASE DO NOT USE OUR PLATFORM.

    25. Termination

    You may cancel your account at any time via the Cloud Rush dashboard or contacting us at supportus@CloudRush.io. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. Termination of this Agreement does not relieve User from any obligation to pay Cloud Rush. Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your account, suspend your account, or this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) you have violated this Agreement or any of our Platform policies; (3) your account has remained inactive for an extended period of time; or (4) we believe that any of your actions may harm Cloud Rush or a third party, at our sole decision or discretion. Where termination of your account has occurred your Hosted Wallet and any Digital Currency held within the Hosted Wallet may become immediately unavailable or inaccessible. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Where termination has occurred, portions of this Agreement shall survive and remain in full force as stated in the “Survival” section of this Agreement.

    26. Taxes

    Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions conducted through our Platform, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax agencies.

    27. Fraudulent Transactions

    If we believe that you have participated in a fraudulent transaction, we will pursue our claims against you to the fullest extent allowed by law and we reserve the right to take any action necessary regarding any fraudulent transactions. In the event that we believe that you have completed a fraudulent transaction, we will forward your information to the applicable law enforcement agency, which may result in civil or criminal penalties.

    28. Cloud Rush Initiatives

    From time to time Cloud Rush may offer discounts, programs, promotions, referral programs, incentives, or other initiatives (collectively “Initiatives”) through the Platform. Please be aware Cloud Rush reserves the right to discontinue, alter, remove, update, or otherwise change any Initiatives at any time and at our discretion. Your participation or eligibility to participate in any Initiative is subject to Cloud Rush’s approval and we may remove or restrict your participation in any Initiative at our discretion. Any Initiatives are also subject to any additional terms and conditions as set forth or as promulgated by Cloud Rush. Cloud Rush has no obligation to offer any Initiatives and you agree to release us from any liability associated with your participation in any Initiative.

    29. Idea Submission

    Cloud Rush or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Cloud Rush. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Cloud Rush’s products might seem similar to ideas you submitted to Cloud Rush. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Cloud Rush, without any compensation to you; (2) Cloud Rush may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Cloud Rush to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

    30. Account Inactivity

    Where you do not access your account or Hosted Wallet for an extended period of time, we may pause or suspend your account and may require you to re-activate your account and resubmit KYC. Additionally, if Cloud Rush is holding funds of Digital Currency in your Hosted Wallet, and Cloud Rush is unable to contact you and has no record of your use of the Platform for several years, applicable law may require Cloud Rush to report such Digital Currency as unclaimed property to the applicable jurisdiction.

    31. Intellectual Property

    The name “Cloud Rush,” “Cloud Rush, Inc.”, the Cloud Rush logo, the design of the Cloud Rush Platform along with Cloud Rush created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Cloud Rush. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Cloud Rush reserves all rights not expressly granted in and to the Platform. you agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission. All rights not expressly granted are hereby reserved.

    32. Representations and Warranties

    THE PLATFORM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CLOUD RUSH, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, LOST PROFITS, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE INCLUSION OF ANY DIGITAL CURRENCY ON THIS PLATFORM DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION BY CLOUD RUSH. CLOUD RUSH DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CLOUD RUSH SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.

    YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT CLOUD RUSH DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS BUT MAY DO SO AT OUR DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CLOUD RUSH OR THROUGH THE PLATFORM, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    33. Limitation of Liability

    IN NO EVENT SHALL CLOUD RUSH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY IS NO MORE THAN THE AMOUNT YOU PAID IN TRANSACTION FEES IN THE PAST SIX MONTHS FOR USING THE PLATFORM OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLOUD RUSH AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Cloud Rush’s negligence or that of any of its officers, employees, or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    34. Release

    YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY OF USING THE PLATFORM OR STORING THE YOUR DIGITAL CURRENCY ON YOUR HOSTED WALLET, CLOUD RUSH WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY ACTIONS UNDERTAKEN BY YOU AND YOU EXPRESSLY WAIVE AND RELEASE CLOUD RUSH FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM. YOU RELEASE CLOUD RUSH AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE WITH ANOTHER USER, THE PLATFORM, OR OTHER THIRD PARTY. You hereby assume and agree that Cloud Rush will have no responsibility or liability for any risk for your use of the Platform or your use of any Digital Currency or Hardware. You hereby irrevocably waive, release, and discharge any and all claims, whether known or unknown to you, against Bittrex, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein. You waive application of Section 1542 of the Civil Code of the State of California, or any similar statute or law of any other jurisdiction. Section 1542 reads as follows: “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 EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    35. Indemnity

    You agree to release, defend, indemnify, and hold Cloud Rush and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement, (ii) your improper use of the Cloud Rush Platform or any services provided, (iii) your interaction with any User or other third party including without limitation any injuries, losses or damages of any kind arising in connection with or as a result of such interaction, (iv) your breach of any laws, regulations or third party rights. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

    36. Intellectual Property and Copyrights

    Takedown Notice

    We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:

  • Your name.
  • The name of the party whose copyright has been infringed, if different from your name.
  • The name and description of the work that is being infringed.
  • The location on our Platform of the infringing copy.
  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  • You must sign this notification and send it to our Copyright Agent: Copyright Agent of Cloud Rush, supportus@CloudRush.io or Copyright Agent - Cloud Rush Inc, One Point Dr. Ste. 530, Brea, CA 92821

    Counter Notice

    In the event that you receive a notification from Cloud Rush stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:

  • Your name, address, email and physical or electronic signature.
  • The notification reference number (if applicable).
  • Identification of the material and its location before it was removed.
  • A statement under penalty of perjury that the material was removed by mistake or misidentification.
  • Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where the party is located.
  • Your consent to accept service of process from the party who submitted the takedown notice.
  • Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: supportus@CloudRush.io or Copyright Agent - Cloud Rush Inc, One Point Dr. Ste. 530, Brea, CA 92821

    37. Choice of Law

    This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California.

    38. Arbitration

    This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the state of California, without giving effect to conflict of laws principles thereof.

    Informal Resolution

    Each party agrees that before it seeks mediation, arbitration, or any other form of legal relief it shall provide written notice to the other of the specific issues in dispute (and referencing the specific portions of the Agreement which are allegedly being breached). Within thirty days after such notice, knowledgeable executives of the party or the individuals themselves shall hold at least one meeting (in person or by video- or tele-conference) for the purpose of attempting in good faith to resolve the Dispute. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The dispute resolution procedures in this Section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation or ownership of intellectual property, or trade secrets.

    Binding Arbitration

    You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Cloud Rush agree that the arbitrator will decide that issue. However, any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

    Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “Rules”) then in effect, except as modified here. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be Orange, CA or a location agreed upon by the parties. Where a Dispute does not exceed $15,000 such Dispute shall be arbitrated solely via pleadings and documents. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Brea, CA. For a copy of the Rules, please visit www.adr.org or by calling the AAA at 1–800–778–7879.

    Opt-Out

    User has the right to opt out of binding arbitration within thirty (30) days of the date you first accepted this Agreement by notifying us at with a communication labeled “Arbitration Opt Out” to supportus@CloudRush.io or by mail at Cloud Rush Inc, One Point Dr. Ste. 530, Brea, CA 92821. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within Orange County, CA.

    Exceptions to Arbitration

    User agrees that all Disputes shall be arbitrated, except for as provided above and as follows: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances such as, imminent danger or commission of a crime. Such claims shall be brought before a judicial proceeding in a court of competent jurisdiction located within Orange County, CA.

    Class Action

    YOU UNDERSTAND AND AGREE THAT YOU AND CLOUD RUSH MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND CLOUD RUSH BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SECTION 38 SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST CLOUD RUSH, WHICH ARE ADDRESSED SEPARATELY.

    Notwithstanding any other provision of this Agreement, the Arbitration provisions, or any associated rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Disputes (defined below), the class, collective, and/or representative action on such Disputes must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

    39. PAGA Claims

    Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Cloud Rush agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Cloud Rush agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the arbitration section or the associated rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on any arbitration provisions or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the arbitration provisions; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Disputes to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Disputes, the parties agree that litigation of those Disputes shall be stayed pending the outcome of any individual Disputes in arbitration.

    40. Force Majeure

    You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

    41. Severability

    In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

    If two or more provisions of this Agreement or any other agreement you may have with Cloud Rush are deemed to conflict with each other’s operation, you agree that Cloud Rush shall have the sole right to elect which provision remains in force.

    42. Non-Waiver

    We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

    43. Survival

    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, content provisions, User representations and warranties, payment provisions, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

    44. Assignment

    You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

    45. Amendments

    We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified, or we may email you. you may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.

    46. California Users

    Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Cloud Rush must be sent to our agent for notice to: supportus@CloudRush.io or Cloud Rush Inc, One Point Dr. Ste. 530, Brea, CA 92821.

    California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

    47. Export Controls

    The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

    48. Electronic Communications

    The communications between you and Cloud Rush use electronic means, whether you visit the Platform or send Cloud Rush e-mails, or whether Cloud Rush posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Cloud Rush in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Cloud Rush provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.