By accessing, visiting or using a uniform resource locator of SunFoods, LLC (the “Company”), including but not limited to www.goldrivermills.com, www.hinoderice.com or www.hinoderice.com (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 and conditions of this Agreement, which sets forth the standards for use of the Company’s Websites and any online services provided on the Websites, including online purchasing services (the “Online Services”). If User does not agree to the terms and conditions of this Agreement, User should immediately cease all usage of the Websites. The Company reserves the right, at any time, to modify, alter or update the terms and conditions 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.
- 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.
- 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 WEBSITE s 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 UNINTERRUPTE D, TIMELY, SECURE OR ERROR-FREE AND (5) any warranty with regard to any product provided or offered by any third party.
- 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.
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.
- USER ACCOUNT
User shall receive a password and an account when using the shopping cart of the Websites for Online Services. User is responsible for maintaining the confidentiality of User’s password and account, and is entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify the Company of any unauthorized use of User’s account or any other breach of security in connection with User’s account that User knows, or should know, about. User’s right to use the Websites and Online Services is personal to the User. User agrees not to resell or make any commercial use of this right without the express written consent of the Company.
Shipments from the Company to User for products purchased on the Websites are limited to the United States . The Company reserves the right to deny access and/or orders to a User. If User is not satisfied with the quality of any product purchased on the Websites , User may submit an email to the Company within ninety (90) days of the purchase date for a refund. Refund requests should be submitted from the Contact Us page of the Websites and include the following information: Name, address, valid email address, contact number, order number and the reason for dissatisfaction. Refunds from the Company to User will be applied to the same credit card User supplied for payment for the applicable order on the Websites.
- MODIFICATIONS AND INTERRUPTION TO SERVICE
The Company reserves the right to modify or discontinue the Online Services or the Websitew 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.
- THIRD-PARTY SITES
- GOVERNING JURISDICTION OF THE COURTS OF CALIFORNIA
The Websites are operated and provided in the State of California . 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 internal laws of the State of California.
- 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.
- 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 ©2006 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.
- NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
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
P.O. Box 8729
Woodland , CA 95776
By Telephone: (530) 661-1923
By Email: email@example.com
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.
- 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; and (8) to interfere with or disrupt the Websites or servers or networks connected to the Websites.
- 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.
- 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.