Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using costavida-cafe.digital, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you are prohibited from using or accessing this site.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the website located at costavida-cafe.digital (the "Website"), placing an order, making a reservation, subscribing to any newsletter or loyalty program, or otherwise engaging with any service offered by Costa Vida ("Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), including any future modifications.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida. Your continued use of the Website following any modifications to these Terms shall constitute your acceptance of such modifications. If you are using the Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, users, and others who access or use the Website, including customers who place orders online, guests who visit our physical location(s), and any third parties interacting with our digital platforms.

You must be at least thirteen (13) years of age to use our Website. If you are under the age of eighteen (18), you may only use the Website with the involvement and consent of a parent or legal guardian. We do not knowingly collect personal information from children under the age of thirteen (13) without verifiable parental consent.

2. Description of Services

Costa Vida is a food service establishment operating in the United States. We provide the following services through our Website and physical location(s):

• Online Ordering: Customers may place orders for food and beverages through our Website or affiliated third-party ordering platforms for pickup or delivery, where available.
• Menu Information: We provide detailed information about our food offerings, including descriptions, pricing, ingredients, and allergen information.
• Catering Services: We may offer catering packages and group ordering options for events, parties, and corporate functions.
• Loyalty and Rewards Programs: From time to time, we may offer loyalty programs, promotional offers, discounts, and rewards to registered users and repeat customers.
• Gift Cards: We may offer digital or physical gift cards for purchase through the Website.
• Newsletter and Promotional Communications: Users may subscribe to receive promotional emails, special offers, and updates about new menu items and events.
• Customer Support: We provide customer service assistance via email, phone, and any other channels indicated on the Website.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. Costa Vida shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Certain services may require account registration. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of the Website and services, you agree to:

• Provide accurate, truthful, and complete information when creating an account, placing an order, or submitting any form on the Website.
• Maintain the security and confidentiality of your account login credentials.
• Promptly notify us of any unauthorized use of your account or any other breach of security.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of the Website and services.
• Use the Website only for lawful purposes and in a manner consistent with these Terms.
• Respect the rights of other users and third parties, including intellectual property rights and privacy rights.

3.2 Prohibited Activities

You are strictly prohibited from engaging in any of the following activities:

• Using the Website for any fraudulent, deceptive, or misleading purpose, including submitting false orders or using stolen payment information.
• Attempting to gain unauthorized access to any portion of the Website, server, or any system or network connected to the Website.
• Using automated tools, bots, scrapers, or scripts to access, collect, or aggregate data from the Website without our express written consent.
• Transmitting any viruses, malware, ransomware, or other harmful code through the Website.
• Interfering with or disrupting the integrity, performance, or availability of the Website or its related systems.
• Posting, uploading, or transmitting any content that is unlawful, offensive, defamatory, obscene, or otherwise objectionable.
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
• Engaging in any activity that constitutes harassment, stalking, or threatening behavior toward our employees, agents, or other users.
• Attempting to reverse engineer, decompile, or disassemble any software or technology used in connection with the Website.
• Using the Website to engage in any activity that violates any applicable federal, state, or local law, including but not limited to laws governing food safety, consumer protection, and electronic commerce.
• Reselling, sublicensing, or redistributing any services or content obtained through the Website without our express written authorization.
• Circumventing or attempting to circumvent any technical measures we employ to protect the Website or enforce these Terms.

We reserve the right to investigate and prosecute violations of any of the above to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Intellectual Property Rights

All content, materials, and intellectual property published on or made available through the Website are the exclusive property of Costa Vida or its licensors and are protected under applicable United States and international intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state intellectual property laws.

The following are owned exclusively by Costa Vida and may not be used without prior written permission:

• The Costa Vida name, logo, trade name, trademarks, and service marks.
• All text, graphics, photographs, images, illustrations, video content, and audio content displayed on the Website.
• The design, layout, look, appearance, and structure of the Website.
• All menus, recipes, culinary concepts, and proprietary food formulations.
• All software, code, databases, and technical infrastructure underlying the Website.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use and for the purpose of utilizing the services offered by Costa Vida. This license does not include the right to:

• Copy, reproduce, distribute, or create derivative works from any content on the Website.
• Use any data mining, robots, or similar data gathering and extraction tools.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Use our trademarks or branding in any manner that may cause confusion or imply endorsement without written authorization.

Any unauthorized use of our intellectual property will constitute a violation of these Terms and may infringe upon applicable copyright, trademark, and other laws, subjecting you to civil and criminal penalties.

5. Payment Terms

5.1 Pricing and Fees

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and displayed at checkout based on the applicable federal, state, and local tax laws and your delivery or pickup location.

5.2 Payment Methods

We accept major credit and debit cards, including Visa, Mastercard, American Express, and Discover, as well as other payment methods indicated on the Website at the time of purchase. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.3 Order Confirmation and Processing

Upon placing an order, you will receive an order confirmation via email or through the Website. An order confirmation does not constitute acceptance of your order. We reserve the right to refuse, cancel, or limit any order for any reason, including but not limited to product unavailability, errors in pricing or product description, or suspicion of fraudulent activity.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or dispatched for delivery. If you believe you have received an incorrect, incomplete, or unsatisfactory order, please contact us within twenty-four (24) hours of receipt at [email protected]. Refunds or order corrections will be evaluated on a case-by-case basis at our sole discretion. Gift card purchases are non-refundable except as required by applicable law.

5.5 Chargebacks

If you initiate a chargeback with your financial institution in bad faith or without first contacting us to resolve the issue, we reserve the right to dispute the chargeback and to suspend or terminate your account. We may also pursue recovery of any amounts owed, including legal fees and costs incurred in connection with the chargeback dispute.

6. Food Safety, Allergen Information, and Disclaimers

Costa Vida takes food safety and allergen transparency seriously. We endeavor to provide accurate and up-to-date information about the ingredients and potential allergens contained in our menu items. However, we cannot guarantee that our food products are free from allergens due to the possibility of cross-contamination during preparation.

If you have a known food allergy, intolerance, or dietary restriction, we strongly encourage you to:

• Review allergen information available on our Website or at our physical location.
• Inform our staff of your specific dietary needs when placing an order.
• Consult with a healthcare professional regarding your specific dietary requirements before consuming our food products.

Costa Vida shall not be liable for any adverse reactions, injuries, or health consequences arising from the consumption of our food products by individuals who fail to disclose known allergies or who consume food products contrary to medical advice.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR:

• Loss of profits, revenue, data, or business opportunities.
• Unauthorized access to or alteration of your data or transmissions.
• Statements or conduct of any third party on the Website.
• Errors, interruptions, or delays in the operation of the Website.
• Any bugs, viruses, or other harmful components transmitted through the Website by any third party.
• Any loss or damage resulting from your reliance on information or content published on the Website.

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

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

8. Disclaimers — As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

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

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
• WARRANTIES OF TITLE OR NON-INFRINGEMENT.
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE.
• WARRANTIES THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.

Costa Vida does not warrant or represent that the Website will always be accessible or that any particular features or functions will remain available. We reserve the right to modify, suspend, or discontinue the Website or any features thereof at any time without notice or liability.

Any information provided on the Website, including nutritional information, allergen information, and pricing, is provided for informational purposes only and may not be accurate, complete, or current at all times. You should independently verify any information before relying on it.

9. Indemnification

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

• Your use of or access to the Website or services.
• Your violation of any provision of these Terms.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights.
• Any content you submit, post, or transmit through the Website.
• Your negligence, willful misconduct, or fraudulent activity.
• Any dispute between you and any third party arising in connection with your use of the Website or services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of such claim. You shall not settle any such claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Costa Vida is registered and operates, without regard to its conflict of law principles or provisions.

Any disputes arising under or in connection with these Terms, including any claims for breach of contract, tort, or violation of applicable law, shall be subject to the exclusive jurisdiction of the state and federal courts located in the applicable jurisdiction of Costa Vida's principal place of business.

You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts. If Costa Vida operates in or from California, you acknowledge that the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the California Business and Professions Code may apply to certain aspects of your interaction with us. Additional rights may be available to you under applicable state law, and nothing in these Terms shall be construed to limit any rights you may have under such laws.

These Terms are further subject to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and all other applicable federal consumer protection laws and regulations. Costa Vida is committed to complying with all applicable federal and state laws governing online commerce, food safety, and consumer protection.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting Costa Vida at [email protected]. We will use good-faith efforts to resolve the dispute within thirty (30) calendar days of receiving your written notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as set forth below.

11.2 Binding Arbitration

Except as otherwise provided herein, any dispute, controversy, or claim arising out of or relating to these Terms, the breach, termination, or invalidity thereof, or your use of the Website or services, shall be finally resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) then in effect, or such other arbitration body as mutually agreed by the parties. The arbitration shall be conducted in English, and the place of arbitration shall be in the applicable jurisdiction of Costa Vida's principal place of business.

The arbitrator shall have authority to award any remedy available under applicable law, but shall have no authority to award punitive damages except as expressly authorized by statute. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that the class action waiver in this section is unenforceable, then the arbitration agreement in this section shall be void and the parties shall litigate the dispute in court.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Claims related to intellectual property rights may also be brought in a court of competent jurisdiction.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or services. We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and services, with or without notice and without liability to you, for any reason, including but not limited to:

• Your violation of any provision of these Terms.
• Your engagement in any fraudulent, abusive, or illegal activity.
• Our decision to discontinue or materially alter the Website or services.
• Technical, security, or operational reasons requiring account suspension or termination.

Upon termination, your right to use the Website and services will immediately cease, and any outstanding obligations you have to us will survive termination. Any provisions of these Terms that, by their nature, should survive termination (including but not limited to intellectual property provisions, disclaimers, indemnification obligations, limitation of liability, and dispute resolution provisions) shall survive termination of these Terms.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligation to pay amounts owed to us for services rendered prior to termination.

13. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms at any time in its sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page. In the case of material changes to these Terms, we may also provide notice by sending an email to the address associated with your account or by displaying a prominent notice on the Website.

Your continued use of the Website or services following the posting of any changes to these Terms constitutes your acceptance of such changes. If you do not agree to the revised Terms, you must immediately cease using the Website and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed about our current terms and conditions. It is your responsibility to check the Website regularly for any updates or changes.

14. Third-Party Links and Services

The Website may contain links to third-party websites, services, or applications 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 review the terms of service and privacy policy of any third-party website you visit.

Our inclusion of a link to a third-party website does not imply our endorsement or affiliation with that website or its operators. 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 your use of or reliance on any content, goods, or services available on or through any third-party website or service.

15. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated herein by reference and made a part of these Terms. By using the Website, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and sharing of your personal information as described therein. Our Privacy Policy is available at costavida-cafe.digital.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, such 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. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The parties agree that any court or arbitrator interpreting these Terms shall give effect to the parties' intentions as reflected in the provision to the greatest extent possible, notwithstanding any invalidity or unenforceability of a particular provision.

17. Entire Agreement and Waiver

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

No waiver by either party 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 provisions of these Terms. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

18. Force Majeure

Costa Vida shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, labor disputes, civil unrest, power outages, internet outages, cyberattacks, or supply chain disruptions. In the event of a force majeure event, we will make commercially reasonable efforts to notify you and to resume performance of our obligations as soon as practicable.

19. Electronic Communications

By using the Website and services, you consent to receiving electronic communications from us, including but not limited to emails, text messages (where applicable), and in-app notifications. 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.

If you wish to opt out of promotional electronic communications, you may do so by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect the delivery of transactional communications related to your orders or account.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, your rights, or our services, please contact us using the information below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or potential health concerns, please contact us immediately by phone or email.