Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using food-costavida.click, you agree to be bound by these Terms of Service and all applicable laws and regulations.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at food-costavida.click (the "Website"), or by using any services offered by Costa Vida (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (the "Terms"), our Privacy Policy, and any additional guidelines, policies, or rules applicable to specific features or promotions that may be posted on the Website from time to time, all of which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"). If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Website and our Services.

You represent and warrant that you are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained the consent of a parent or legal guardian to use our Services in accordance with these Terms. Individuals under the age of 13 are strictly prohibited from using or accessing our Website.

Your continued use of the Website and Services following the posting of any changes to these Terms will constitute your acceptance of those changes. We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Website.

2. Description of Services

Costa Vida operates a food service business in the United States, offering customers access to restaurant services, online food ordering, menu browsing, catering inquiries, nutritional information, promotional offers, loyalty programs, and related food and beverage services (collectively, the "Services"). The Website serves as a digital platform through which customers may:

• Browse our menu offerings, including food items, beverages, and specialty products;
• Place online orders for pickup or delivery, where available;
• Access nutritional, allergen, and ingredient information regarding our food products;
• Inquire about catering services for events and gatherings;
• Participate in loyalty programs, promotions, contests, and special offers;
• Locate our restaurant locations and hours of operation;
• Contact our customer service team for support and inquiries;
• Create and manage user accounts;
• Subscribe to newsletters and marketing communications;
• Access gift card purchasing and redemption services.

We reserve the right, in our sole discretion, to modify, suspend, discontinue, or restrict access to any portion of our Services at any time, with or without notice and without liability to you or any third party. Menu items, pricing, availability, and location information are subject to change without prior notice.

Certain features or services may require account registration, payment, or the satisfaction of additional eligibility requirements. We make no guarantee that any specific service or feature will be available in all geographic areas or at all times.

3. User Accounts and Registration

To access certain features of the Website, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the confidentiality and security of your account credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account, refuse service, or cancel orders at our sole discretion if we reasonably believe that your account information is inaccurate, outdated, incomplete, or if we suspect unauthorized or fraudulent activity associated with your account.

You may not create more than one account per person, transfer your account to another person, or use another person's account without their explicit permission and our prior written consent.

4. User Obligations and Prohibited Activities

By using our Website and Services, you agree to comply with all applicable federal, state, and local laws and regulations. You further agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Using the Website or Services for any unlawful purpose or in violation of any applicable federal, state, or local laws, including but not limited to the Federal Trade Commission Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, and all applicable consumer protection laws;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Engaging in any deceptive, fraudulent, or manipulative conduct;
• Collecting, harvesting, or compiling personal data about other users without their express consent;
• Interfering with or disrupting the integrity or performance of the Website or Services;
• Attempting to gain unauthorized access to any portion of the Website, user accounts, computer systems, or networks connected to the Website;
• Transmitting any viruses, worms, defects, Trojan horses, or any other items of a destructive nature;
• Using automated means, including bots, scrapers, or spiders, to access the Website or collect information without our prior written consent;
• Engaging in any activity that places an unreasonable or disproportionately large load on our infrastructure.

4.2 Content-Related Prohibitions

• Posting, uploading, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Posting content that infringes upon the intellectual property rights, privacy rights, or any other rights of any third party;
• Submitting false or misleading reviews, ratings, or feedback;
• Engaging in any form of commercial solicitation, spam, or unsolicited advertising.

4.3 Order-Related Prohibitions

• Placing fraudulent orders or using stolen, unauthorized, or invalid payment information;
• Attempting to manipulate pricing, discounts, or promotional offers through fraudulent means;
• Abusing return, refund, or exchange policies.

We reserve the right, but not the obligation, to monitor your use of the Website and Services. We may take any appropriate action, including removing content, suspending or terminating accounts, or reporting activities to law enforcement authorities, if we determine in our sole discretion that you have violated these Terms or any applicable law.

5. Intellectual Property Rights

The Website and all content, features, and functionality contained therein, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, and the selection and arrangement thereof (collectively, the "Content"), are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Costa Vida name, logo, trademarks, service marks, and trade dress are proprietary marks belonging to Costa Vida. Nothing in these Terms shall be construed as granting any license or right to use any trademark, logo, or service mark displayed on the Website without our prior written permission or the permission of the applicable third-party rights holder.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and Services solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection or use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its Content terminates the permission or license granted by us. We reserve all rights not expressly granted in and to the Website and Content. If you believe that your intellectual property rights have been infringed upon, please contact us promptly at [email protected].

6. Payment Terms

When placing an order through our Website or otherwise purchasing goods or services from Costa Vida, you agree to the following payment terms:

6.1 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. We strive to ensure that all pricing information is accurate; however, errors may occasionally occur. In the event that an item is listed at an incorrect price due to a typographical error or error in pricing information, we reserve the right to refuse or cancel orders placed for products listed at the incorrect price.

6.2 Payment Methods

We accept various forms of payment, including major credit cards, debit cards, and other payment methods as specified on the Website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order, including applicable taxes, fees, and charges.

6.3 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and other taxes and fees associated with your purchases. Where required by law, we will collect and remit applicable taxes on your behalf.

6.4 Refunds and Cancellations

Our refund and cancellation policies are subject to our separate Refund Policy, which is incorporated herein by reference. In general, due to the perishable nature of food products, all sales are final once an order has been prepared or fulfilled. Please contact our customer service team at [email protected] for assistance with any order-related concerns.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. We provide these links solely as a convenience and have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of service of any third-party websites or services.

We do not endorse or make any representations or warranties regarding any third-party websites, services, or resources. You acknowledge and agree that Costa Vida shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or service.

We strongly encourage you to read the terms and conditions and privacy policy of any third-party website or service that you visit or use.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
• WARRANTIES THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS ON OR THROUGH THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES.

Nutritional information, allergen data, and ingredient lists provided on the Website are for general informational purposes only and may not be complete or fully accurate. If you have food allergies, dietary restrictions, or specific health conditions, please consult with our staff directly before consuming any of our products. Costa Vida is not responsible for adverse reactions, allergic responses, or health complications arising from the consumption of our food products.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE WEBSITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO COSTA VIDA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth in this section are fundamental elements of the basis of the bargain between Costa Vida and you. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Costa Vida, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, shareholders, agents, licensors, service providers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:

• Your access to or use of the Website and Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Your violation of any third-party right, including without limitation any copyright, trademark, property, publicity, or privacy right;
• Any claim that your use of the Services caused damage to a third party;
• Your submission, posting, or transmission of any content through the Website;
• Any misrepresentation made by you.

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Website and Services. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

11. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Costa Vida principally operates, without regard to any conflict of law principles that would require the application of the laws of a different jurisdiction.

To the extent that any dispute is not subject to the arbitration provisions set forth in Section 12 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website or Services shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you irrevocably consent to the personal jurisdiction and venue of such courts.

If you are a California resident, certain provisions of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and other applicable California consumer protection laws may apply to your use of our Services and to our collection and use of your personal information. Please refer to our Privacy Policy for further details.

Our Services and the operation of the Website are subject to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and we are committed to complying with all applicable federal consumer protection laws and regulations enforced by the Federal Trade Commission (FTC).

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting Costa Vida at [email protected] and providing a written description of the dispute, the harm suffered, and the relief sought. The parties agree to attempt to resolve the dispute informally for a period of thirty (30) days from the date of the initial notice. If the dispute is not resolved within this period, either party may pursue formal dispute resolution as described below.

12.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS OR PROHIBITED BY APPLICABLE LAW, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE VALIDITY, INTERPRETATION, ENFORCEABILITY, OR BREACH OF THESE TERMS, SHALL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

The arbitration shall be conducted in the English language, and the arbitral award shall be final and binding on the parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The costs and fees of arbitration shall be allocated in accordance with the AAA Consumer Arbitration Rules.

12.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, the following claims shall not be subject to arbitration and may be brought in a court of competent jurisdiction: (a) claims seeking emergency injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights; and (b) individual claims brought in small claims court that qualify under the applicable rules of such court.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or Services. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or any part of the Website or Services at any time, with or without cause, and with or without notice, effective immediately;
• Delete your user account and all associated data and content;
• Refuse service to any person or entity for any reason or no reason;
• Discontinue the Website or any part thereof at any time without notice or liability.

Upon termination of your account or access to the Services:

• All licenses and rights granted to you under these Terms will immediately terminate;
• You must immediately cease all use of the Website and Services;
• You must destroy any copies of Content in your possession;
• Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 5, 8, 9, 10, 11, 12, and 14.

You may terminate your account at any time by contacting us at [email protected] with a written request for account deletion. Termination of your account does not relieve you of any obligation to pay outstanding amounts owed to Costa Vida.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify, update, or replace these Terms at any time. When we make changes to these Terms, we will:

• Update the "Last Updated" date at the top of this page;
• Post the revised Terms on the Website;
• Where required by applicable law or where we deem appropriate, provide additional notice through email notification to registered users or prominent notice on the Website.

Your continued use of the Website or Services after the effective date of any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must immediately stop using the Website and Services and, if applicable, delete your account.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. If any change to these Terms is not acceptable to you, you may terminate your use of the Website and close your account as described in Section 13.

15. Severability

If any provision, clause, or portion of these Terms is held to be invalid, illegal, unenforceable, or in conflict with any applicable law by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been part of these Terms.

The invalidity or unenforceability of any provision of these Terms in any jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction, and shall not affect the validity or enforceability of any other provision of these Terms in any jurisdiction.

The parties agree that any court or arbitrator is hereby authorized to reform these Terms to the minimum extent necessary to make them enforceable, and the parties agree to be bound by the reformed Terms.

16. Additional Legal Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or agreements expressly incorporated herein by reference, constitute the entire agreement between you and Costa Vida with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

16.2 Waiver

No waiver by Costa Vida of any breach or default of any provision of these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect the other terms of these Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.3 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any attempted assignment in violation of this provision shall be null and void.

16.4 Force Majeure

Costa Vida shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside of Costa Vida's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, war, terrorism, labor disputes, power outages, internet outages, or supply chain disruptions (each, a "Force Majeure Event"). Costa Vida's performance under these Terms shall be suspended for the duration of the Force Majeure Event.

16.5 Electronic Communications

By using our Website and Services and communicating with us electronically, you consent to receive communications from Costa Vida electronically, including via email and by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

16.6 Headings

The section headings used in these Terms are for convenience and organizational purposes only and shall not affect the interpretation or construction of these Terms.

16.7 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you and Costa Vida, except as otherwise expressly stated herein. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Costa Vida.

17. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to individuals with disabilities in compliance with applicable federal laws, including the Americans with Disabilities Act (ADA). We strive to make our digital content accessible and usable by all individuals. If you experience any difficulties accessing our Website or Services due to a disability, please contact us at [email protected] so that we may assist you and work to improve accessibility.

18. Contact Information

If you have any questions, concerns, complaints, or comments regarding these Terms of Service or our Website and Services, please do not hesitate to contact us using the information provided below. We are committed to responding to all inquiries in a timely and professional manner.

For legal notices, please direct your correspondence to our email address listed above and include "Legal Notice" in the subject line. We recommend that you retain a copy of any correspondence sent to us for your records.