Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costvida.rest (the "Website") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Website or services, you agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately cease use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at costvida.rest, placing an order, creating an account, or engaging with any services provided by Costa Vida, you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Costa Vida. Your continued use of the Website following the posting of any modifications to these Terms shall constitute your acceptance of such modifications. If you are accessing or using the Website on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

You must be at least eighteen (18) years of age to use this Website and our services. By using this Website, you represent and warrant that you are at least 18 years old. If you are under 18 years of age, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Costa Vida is a food service company operating within the United States. Through our Website at costvida.rest, we offer the following services to our customers:

• Online Ordering: Customers may browse our menu and place orders for food and beverages for pickup or delivery, subject to availability and applicable service areas.
• Menu Information: We provide detailed information about our food offerings, including ingredients, nutritional data (where available), pricing, and customization options.
• Catering Services: We offer catering arrangements for events, gatherings, and corporate functions, subject to separate catering agreements and availability.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional rewards, gift cards, or other customer incentive initiatives, which are subject to their own specific terms and conditions.
• Customer Account Management: Registered users may create and manage personal accounts to track orders, save preferences, and access exclusive offers.
• General Information and Communications: We provide informational content about our restaurants, locations, hours of operation, and other business-related information.

We reserve the right to modify, suspend, discontinue, or restrict access to any portion of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of our services or any part thereof.

All food products and menu items are subject to availability. Prices, menu items, and promotional offers may vary by location. We make no guarantee that any particular item will be available at any given time or location. Certain menu items may contain allergens including but not limited to gluten, dairy, nuts, soy, eggs, shellfish, and other common allergens. It is your sole responsibility to inquire about and review allergen and nutritional information before placing an order.

3. User Accounts and Registration

To access certain features of our Website, you may be required to register for an account. When registering, you agree to:

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

We reserve the right to terminate or suspend any account at our sole discretion, without prior notice or liability, for any reason, including without limitation if we believe that you have violated these Terms. You may not create multiple accounts for the purpose of abusing promotions, circumventing bans, or engaging in any form of fraudulent activity.

4. User Obligations and Prohibited Activities

As a condition of your use of the 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 Prohibitions

• Use the Website for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Violate or infringe upon the rights of others, including intellectual property rights, privacy rights, or contractual rights;
• Use the Website to transmit, post, or distribute any content that is defamatory, obscene, abusive, offensive, or otherwise objectionable;
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Engage in any form of deceptive, fraudulent, or misleading conduct;
• Collect or harvest any personally identifiable information from the Website without our express written consent;
• Use the Website to send unsolicited communications (spam) to any person or entity.

4.2 Technical Prohibitions

• Attempt to gain unauthorized access to any portion of the Website or its related systems, servers, or networks;
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our prior express written permission;
• Interfere with or disrupt the integrity or performance of the Website or the data contained therein;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software used in connection with the Website;
• Remove, alter, or obscure any proprietary notice or label on the Website or its content;
• Use the Website in any manner that could damage, disable, overburden, or impair the Website or server infrastructure.

4.3 Commercial Prohibitions

• Use the Website for any commercial purpose not expressly permitted by us in writing;
• Resell, reproduce, duplicate, copy, or exploit any portion of the Website or its services without our express written permission;
• Use the Website to advertise or solicit business for any third party without our prior written consent;
• Engage in price manipulation, coupon fraud, or abuse of promotional programs.

Violation of any of these prohibitions may result in immediate termination of your access to the Website and services, and may subject you to civil and/or criminal liability under applicable law.

5. Intellectual Property Rights

The Website and all of its contents, features, and functionality — including but not limited to all text, graphics, logos, photographs, images, audio, video, data compilations, software, and the design, selection, and arrangement thereof — are owned by Costa Vida, its licensors, or other providers of such material, 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, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

5.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website strictly in accordance with these Terms. You may view, download, and print pages from the Website solely for your personal, non-commercial use, provided that:

• You do not modify any of the materials;
• You retain all copyright, trademark, and other proprietary notices contained in the materials;
• You do not use the materials for any commercial purpose or for any public display;
• You do not transfer the materials to any other person or "mirror" the materials on any other server.

This license may be terminated by us at any time without notice. Upon termination of this license, you must immediately destroy any downloaded or printed materials in your possession, whether in electronic or printed format.

5.2 User-Generated Content

If you submit, post, or transmit any content to us — including reviews, comments, feedback, suggestions, photographs, or other materials ("User Content") — you grant Costa Vida a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to the User Content you submit and that such content does not violate the rights of any third party.

6. Payment Terms

When you place an order through our Website, you agree to pay all charges at the prices then in effect for your selected items, plus any applicable taxes and delivery fees. All payments are due at the time of order placement unless otherwise expressly stated.

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. We make every effort to ensure that prices are accurate; however, in the event of a pricing error, we reserve the right to cancel or adjust your order accordingly. You will be notified of any pricing discrepancy before we process your order.

6.2 Payment Methods

We accept major credit and debit cards, as well as other payment methods as displayed at checkout. By providing payment information, you represent and warrant that: (i) you are authorized to use the payment method provided; (ii) the payment information you supply is true, correct, and complete; and (iii) charges incurred by you will be honored by your financial institution.

6.3 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and other similar charges on your purchases. We are required by law to collect and remit applicable taxes based on your location and the nature of the product or service purchased.

6.4 Refunds and Cancellations

Orders once placed and confirmed may not be eligible for cancellation or refund. If you believe there is an error with your order, you must contact us promptly at [email protected]. Refunds, if approved, are issued at our sole discretion and in accordance with applicable consumer protection laws. Refunds will be processed to your original payment method within a commercially reasonable timeframe.

7. Disclaimers and "As-Is" Basis

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH THE WEBSITE;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES;
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

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

We do not warrant or make any representations regarding the use, the inability to use, or the results of use of the Website, or any websites linked to the Website, in terms of their correctness, accuracy, reliability, or otherwise.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS;
• LOSS OF DATA OR INFORMATION;
• LOSS OF GOODWILL OR REPUTATION;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• ANY OTHER INTANGIBLE LOSSES;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the agreement between you and Costa Vida. Some states do not allow the limitation of liability for personal injury or for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services in any manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through the Website;
• Any misrepresentation made by you in connection with the use of the Website or services;
• Any unauthorized access to or use of our servers and/or any personal information stored therein.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, and services that are not owned or controlled by Costa Vida. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites you visit.

We do not endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website. We shall not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services.

If we use third-party delivery platforms or ordering services (such as third-party apps or aggregators), your use of such platforms is subject to their own separate terms and conditions. Costa Vida makes no representation or warranty regarding the reliability, availability, or accuracy of such third-party services.

11. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

To the extent that you are a resident of California, your use of our services is also subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and any other applicable California privacy laws. Our Privacy Policy outlines your rights under these statutes, including the right to know, right to delete, right to correct, and right to opt-out of the sale or sharing of personal information.

Our practices with respect to data collection and processing are also subject to the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. We are committed to maintaining fair, transparent, and secure data practices in compliance with all applicable federal and state laws.

12. Food Safety and Allergen Notice

Costa Vida takes food safety seriously and operates in compliance with all applicable federal food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as well as applicable state and local health codes.

Notwithstanding the foregoing, we strongly advise all customers to be aware of the following:

Nutritional and caloric information provided on our Website is based on standard recipes and serving sizes. Actual nutritional content may vary depending on customizations, ingredient substitutions, and preparation methods. This information is provided for general informational purposes only and should not be relied upon as medical or dietary advice.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which our principal place of business is located, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the applicable state, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

To the extent permitted by law, you waive any right to a jury trial in any legal proceeding arising out of or relating to these Terms or your use of the Website and services.

These Terms shall be interpreted and enforced in accordance with applicable federal law and the relevant state law, including consumer protection statutes enforced by the Federal Trade Commission under the FTC Act (15 U.S.C. § 45 et seq.).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of the date of submission of your complaint, either party may pursue formal dispute resolution as set forth below.

14.2 Binding Arbitration

Except for claims that qualify for small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall be conducted on an individual basis and not as part of a class, consolidated, or representative action. YOU AND COSTA VIDA EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidential information, or other proprietary rights.

14.4 Time Limitation on Claims

You agree that any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred, to the fullest extent permitted by applicable law.

15. Term and Termination

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

• Deny access to the Website or services to any person for any reason at any time;
• Terminate or suspend your access to the Website or services immediately, without prior notice or liability, for any reason, including if you breach any provision of these Terms;
• Discontinue the Website or any services, in whole or in part, at any time, for any reason or no reason.

Upon termination of your access to the Website or services:

• Your license to use the Website and services shall immediately terminate;
• You must immediately cease all use of the Website and services;
• Any provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we will make reasonable efforts to notify you, which may include posting a notice on our Website or sending an email to the address associated with your account.

Your continued use of the Website after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must immediately stop using the Website and services. We encourage you to review these Terms periodically to stay informed of any updates.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under any applicable law or rule, then such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if such modification is not possible, it shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any provision shall not affect the validity and enforceability of the remaining provisions of these Terms. Any such invalid, illegal, or unenforceable provision shall be deemed severed from these Terms, and the parties' intent as expressed in the remaining provisions shall be given full effect.

18. Waiver

No waiver by Costa Vida of any right or provision of these Terms shall be effective unless such waiver is in writing and signed by an authorized representative of Costa Vida. No failure by Costa Vida to exercise, and no delay by Costa Vida in exercising, any right or remedy under these Terms shall operate as a waiver of that right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise of any right or remedy.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Costa Vida concerning your use of the Website and services, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Costa Vida with respect to such subject matter.

In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall control unless the other agreement expressly and specifically states that it supersedes these Terms.

20. Force Majeure

Costa Vida shall not be liable or responsible for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, storm, earthquake, war, terrorism, civil unrest, government actions, power outages, internet service disruptions, supply chain disruptions, labor disputes, or any other event beyond our reasonable control (collectively, "Force Majeure Events"). In the event of a Force Majeure Event, our performance obligations shall be suspended for the duration of such event, and we shall use commercially reasonable efforts to resume performance as soon as reasonably practicable.

21. Electronic Communications

By using our Website and services, you consent to receive electronic communications from us. These communications may include notices about your account, your orders, and other transactional or service-related communications. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You may opt out of receiving promotional emails from us by following the unsubscribe instructions contained in those emails. Please note that even if you opt out of promotional emails, we may still send you transactional and administrative emails related to your account and orders.

22. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility requirements under the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. If you experience any difficulty accessing our Website or its content, please contact us so that we can provide you with the assistance you need.

23. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of the Website or services, please contact us using the information below:

We will make every reasonable effort to respond to your inquiry within a reasonable timeframe. For urgent matters, please indicate the urgency of your inquiry in the subject line of your email.