Read This Terms of Use Agreement Before Accessing Website

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated in April, 2024

By accessing, visiting or using a uniform resource locator of SunFoods, LLC (the “Company”), including but not limited to www.hinoderice.com, or wherever this Terms of Use is linked (each a “Website” and collectively, the “Websites”), registered and non-registered users of the Websites (each a “User” and collectively, the “Users”) agree to the terms of use of this Agreement, which sets forth the standards for use of the Company’s Websites and any online services provided on the Websites (the “Online Services”). If the User does not agree to the terms of use of this Agreement, the User should immediately cease all usage of the Websites. The Company reserves the right, at any time, to modify, alter or update the Terms of Use of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at the Websites. User’s continued use of the Websites after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. DESCRIPTION OF SERVICE
   The Company is providing User access to the Company’s Websites and the Online Services. User must (1) provide all equipment necessary for their own Internet connection, including computer and modem, (2) provide for User’s access to the Internet and (3) pay any fees relate to such connection.
2. DISCLAIMER OF WARRANTIES
   User understands and agrees that the Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, the Company disclaims all warranties of any kind, express or implied, regarding the use or the results of THE WEBSITES, or the information CONTAINED IN IT, in terms of its correctness, accuracy, reliability or otherwise, including, without limitation, (1) the implied warranties of merchantability and fitness for a particular purpose, (2) any warranty regarding non-infringement, (3) any warranty that the WEBSITES OR the ONLINE SERVICES WILL MEET USER’S REQUIREMENTS (i.e., OPERATING SYSTEM), (4) any warranty that THE WEBSITE s AND the ONLINE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND (5) any warranty with regard to any product provided or offered by any third party.
3. LIMITATION OF LIABILITY
   THE COMPANY SHALL NOT be liable for any damages whatsoever (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INTERRUPTION IN THE USE OF THE WEBSITES), and in particular THE COMPANY shall not be liable for any special, indirect, consequential or incidental damages, or damages for lost profits, loss of revenue or loss of use, arising out of or related to THE WEBSITES or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if THE COMPANY has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
4. INDEMNIFICATION
   User agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Websites or Online Services, the violation of this Agreement, or infringement by User, or other user of the Online Service or the Websites using User’s computer, of any intellectual property or any other right of any person or entity.
5. MODIFICATIONS AND INTERRUPTION TO SERVICE
   The Company reserves the right to modify or discontinue the Online Services or the Website with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Online Services or the Websites. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Websites, and that operation of the Websites may be interfered with or adversely affected by numerous factors or circumstances outside the Company’s control.
6. THIRD-PARTY SITES
   The Websites may include links to other sites on the Internet that are owned and operated by online merchants and other third parties (“Third-Party Sites”). User acknowledges that the Company is not responsible for the availability of, or the content located on or through, any Third-Party Sites. User should contact the site administrator or webmaster for the Third-Party Sites if User has any concerns regarding such links or the content located on such sites. User’s use of Third-Party Sites is subject to the terms of use and privacy policies of each such site. The Company is not responsible for the terms of use or privacy policies of any Third-Party Sites, but encourages all Users to review such terms and policies.
7. GOVERNING JURISDICTION OF THE COURTS OF CALIFORNIA
   The Websites are operated and provided in accordance with the applicable laws in the state of California and federal laws of the United States. As such, the Company is subject to the laws of the State of California, and such laws will govern this Agreement, without giving effect to any choice of law rules. The Company makes no representation that the Websites or Online Services are appropriate, legal or available for use in other locations. Accordingly, if User chooses to access the Websites, User agrees to do so subject to the laws of the State of California.
8. COMPLIANCE WITH LAWS
   User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Online Services or the Websites in any way that violates applicable state, federal or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
9. ARBITRATION AGREEMENT

By visiting the Company Websites, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and the Company. You agree that any dispute, claim, or controversy arising out of or relating to (a) these Terms of Use or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the  Websites at any time, whether before or after the date you agreed to the Terms of Use, will be settled by binding arbitration and not in a court of law.

You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Company otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Company each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdictions to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med  or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms of Use, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

Location and Procedure.

Unless you and The Company otherwise agree, the arbitration will be conducted in California. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. The Company will not seek, and hereby waives all rights The Company may have under applicable law to recover, attorneys' fees and expenses if The Company prevails in arbitration.

Fees.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, The Company will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.

1. COPYRIGHT AND TRADEMARK INFORMATION
   All content included or available on the Websites, including site design, text, graphics, interfaces and the selection and arrangements thereof (collectively, the “Content”) is ©2024 SunFoods, LLC all rights reserved, or is the property of the Company and/or third parties protected by intellectual property rights. Any use of the Content, including reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company, is strictly prohibited. Users agree that they will not use, or allow others to use, any robot, spider or other manual or automated software, device or process to monitor or copy the Websites or the Content without prior written permission of an authorized officer of the Company. Users also agree not to “frame” or otherwise simulate the appearance or function of the Websites, or integrate it into a Third-Party Site, without prior written permission of an authorized officer of the Company. The Company’s trademarks and registered marks may not be used in connection with any product or service that is not provided by the Company, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
   All other trademarks displayed on the Websites are the trademarks of their respective owners (“Third-Party Marks”). Display of Third-Party Marks, or links to Third-Party Sites, on the Websites constitutes neither an endorsement nor a recommendation of those third parties by the Company, and is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with the Company.
2. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
   If you believe any materials on the Websites infringe upon your copyright, please notify the Company via its designated registered Digital Millennium Copyright Act (DMCA) agent. In order for your complaint to be effective under the DMCA, you must provide the following information in writing:

• Identification of the copyrighted work that you claim has been infringed or, if multiple works are claimed, a representative list of such works;
• Identification of the material that is claimed to be infringing and where it is located on the Websites;
• Information reasonably sufficient to permit the Company to contact you, such as your email address, mailing address, and/or telephone number;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
• An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: Legal Notices
SunFoods, LLC
P.O. Box 8729
Woodland, CA 95776
By Telephone: (530) 661-1923
By Email: privacy@sunrice.com.au

1. BOTNETS
   The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility or any other destination at its discretion.
2. USER CONDUCT
   User understands and agrees not to use the Websites: (1) to post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; (2) for any illegal purpose; (3) to falsely state or otherwise misrepresent its identity; (4) to upload, transmit or otherwise initiate communications which User does not have the right to disclose or make available; (5) to post, email, transmit or otherwise make available content that violates patents, trademarks, trade secrets, copyrights or other proprietary information that User does not have a right to; (6) to upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to disrupt the use of the Websites or destroy or limit the functionality of the Websites, any software, hardware or telecommunication equipment or the equivalent; (7) to manipulate the content of the Websites or its identifiers or to disguise the origin of any communication; (8) to use the Content to develop any software service or program including without limitation, training an artificial intelligence (AI) systems or machine learning program or model, or collecting, compiling, caching, and archiving the Content to include in data sets for any reason, including for direct or third party use in an AI application or system; (9) to reverse engineer, disassemble, or decompile the Websites; (10) to change, modify, or otherwise alter the Websites; and (10) to interfere with or disrupt the Websites or servers or networks connected to the Websites.
3. OTHER TERMS
   If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that this Agreement, and any other agreements referenced herein, may be assigned by the Company, in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between the Company and User in relation to User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in the SunFoods, LLC Website Privacy Statement posted on the Websites.
4. DISCLAIMER REGARDING ACCURACY OF INFORMATION
   Product specifications and other information have been provided by publicly available sources. While the Company makes every effort to ensure that the information on the Websites is accurate, the Company can make no representations or warranties as to the accuracy or reliability of any information provided on the Websites. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any third party, and User acknowledges that any reliance on representations and warranties provided by any third party shall be at User’s own risk.