Terms of Service

Please read these Terms of Service carefully before using our website or services. By accessing or using foodcostavida.rest, you agree to be legally bound by these Terms of Service.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website located at foodcostavida.rest, including all content, features, products, and services offered through the website (collectively, the "Services").

By accessing or using our Services in any manner — including but not limited to browsing our website, placing an order, creating an account, subscribing to newsletters, or engaging with any digital content — you affirm that you:

• Are at least eighteen (18) years of age or the age of majority in your jurisdiction;
• Have read, understood, and agree to be bound by these Terms;
• Have read and agree to our Privacy Policy, which is incorporated herein by reference;
• Have the legal authority and capacity to enter into this Agreement.

If you do not agree to these Terms, in whole or in part, you must immediately discontinue all use of our website and Services. If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply to all visitors, registered users, and any other persons who access or use our Services. We reserve the right to refuse service to anyone for any reason at any time, in accordance with applicable law.

2. Description of Services

Costa Vida is a food service business operating in the United States. Through our website at foodcostavida.rest and our physical locations, we offer a variety of food-related services and products, which may include but are not limited to:

• Online Ordering: Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery through our digital platform.
• Menu Information: We provide detailed descriptions of our food offerings, including ingredients, nutritional information, allergen disclosures, and pricing.
• Catering Services: We may offer catering packages and bulk ordering options for events, corporate functions, and private gatherings.
• Loyalty Programs: We may offer loyalty or rewards programs that allow customers to accumulate points or receive discounts on future purchases.
• Gift Cards: We may offer digital or physical gift cards redeemable for food and beverage purchases.
• Promotions and Special Offers: From time to time, we may offer limited-time promotions, discounts, or special menu items.
• Customer Support: We provide customer service to assist with orders, complaints, inquiries, and other service-related matters.

We reserve the right to modify, suspend, discontinue, or update any aspect of our Services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of any Service or portion thereof. Availability of specific menu items, services, or promotions may vary by location and are subject to change.

Our Services are intended for personal, non-commercial use only unless otherwise expressly agreed upon in writing by Costa Vida. Any unauthorized commercial use of our Services is strictly prohibited.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with our Services;
• Maintain the security and confidentiality of your account credentials, including your password;
• Promptly notify us of any unauthorized use of your account or any other breach of security;
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Services;
• Respect the intellectual property rights of Costa Vida and third parties;
• Use the Services only for lawful purposes and in a manner consistent with these Terms.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use our Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Engage in fraudulent activity, including placing false or fictitious orders, submitting fraudulent payment information, or misrepresenting your identity;
• Attempt to gain unauthorized access to any portion of our website, servers, systems, or networks connected to our Services;
• Use automated scripts, bots, crawlers, scrapers, or other automated means to access, collect, or extract data from our website without our express written permission;
• Interfere with or disrupt the integrity or performance of our Services, servers, or networks;
• Transmit any viruses, malware, spyware, ransomware, or other malicious code through our website;
• Post, upload, or transmit any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Harvest or collect personal information of other users without their express consent;
• Use our Services to send unsolicited commercial communications (spam);
• Attempt to reverse-engineer, decompile, or disassemble any portion of our software or technology;
• Resell, sublicense, or commercially exploit any content, features, or data obtained through our Services without our express written authorization;
• Engage in any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our Services.

Violation of these prohibitions may result in immediate suspension or termination of your account, denial of access to our Services, and may expose you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state statutes.

4. Intellectual Property Rights

All content, materials, and features available on or through our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the website ("Proprietary Content"), are the exclusive property of Costa Vida or its licensors and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable laws.

The Costa Vida name, logo, trademarks, service marks, trade dress, and any related brand identifiers are the exclusive property of Costa Vida. You are not permitted to use any of our trademarks, service marks, or trade dress without our prior express written permission. Nothing in these Terms shall be construed as granting you any license or right to use our intellectual property.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website and Services for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any Proprietary Content;
• Modify, adapt, translate, or create derivative works based on our Proprietary Content;
• Use our Proprietary Content for any commercial purpose without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from any Proprietary Content.

If you believe that any content on our website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) by contacting us at [email protected]. Your notice must include all information required by the DMCA.

5. Payment Terms

5.1 Pricing and Payment Methods

All prices for food, beverages, catering services, and other products displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable taxes, delivery fees, service charges, or gratuities unless otherwise specified.

We accept various forms of payment, which may include major credit and debit cards (Visa, Mastercard, American Express, Discover), digital payment methods such as Apple Pay, Google Pay, and other methods as may be made available through our platform. All payment transactions are processed through secure, third-party payment processors.

5.2 Order Confirmation

Upon placing an order, you will receive an order confirmation via email or through our platform. Receipt of an order confirmation does not guarantee availability of all ordered items. We reserve the right to cancel or modify any order if an item is unavailable, if there is a pricing error, or for any other reason in our sole discretion. In the event of a cancellation, you will receive a full refund of any amounts paid.

5.3 Refunds and Cancellations

Refunds and cancellations are subject to our Refund Policy, which may be updated from time to time. In general, orders may be cancelled within a limited window after placement. Prepared food items are generally non-refundable once prepared, except in cases of material error on our part, product safety concerns, or as otherwise required by applicable law. Please contact us at [email protected] for assistance with refund or cancellation requests.

5.4 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchases. We will collect and remit sales tax as required by applicable law in the jurisdictions where we operate.

5.5 Gift Cards and Loyalty Rewards

Gift cards and loyalty reward credits are non-refundable, non-transferable (unless otherwise stated), and may not be redeemed for cash except as required by applicable state law. Gift cards are subject to their own terms and conditions, which will be provided at the time of purchase.

6. Disclaimers

6.1 As-Is Basis

OUR 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

We make no representations or warranties that our website will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the information, content, or materials on our website — including menu descriptions, nutritional information, pricing, and availability — are accurate, complete, reliable, current, or error-free. Nutritional and allergen information is provided for general informational purposes only and may vary based on preparation methods, portion sizes, and ingredient substitutions.

6.3 Third-Party Services

Our Services may contain links to or integrations with third-party websites, services, or applications. We do not endorse, control, or assume any responsibility for the content, privacy practices, or services of any third-party platforms. Your use of third-party services is at your own risk and subject to their respective terms and conditions.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING BUT NOT LIMITED TO THE LAWS OF THE UNITED STATES, COSTA VIDA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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 OUR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of revenue, income, profit, or anticipated savings;
• Loss of data, goodwill, or business opportunities;
• Personal injury or property damage;
• Unauthorized access to or use of our servers or personal information stored therein;
• Any interruption or cessation of our Services;
• Any bugs, viruses, or other harmful code transmitted through our website by any third party;
• Any errors or omissions in any content or materials available through our Services.

EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED — WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE — OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

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

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its respective officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, judgments, settlements, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:

• Your access to or use of our 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 intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, upload, or transmit through our Services;
• Your fraudulent, negligent, or willfully wrongful conduct;
• Any dispute between you and another user of our Services.

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

9. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of our Services, or your relationship with Costa Vida shall be governed by and construed in accordance with the laws of the United States and applicable federal law, without regard to conflict of law principles.

To the extent state law applies, the laws of the state in which Costa Vida's principal place of business is located shall govern. All disputes not subject to mandatory arbitration under Section 10 shall be subject to the exclusive personal jurisdiction of the federal or state courts located in the applicable United States jurisdiction, and you hereby consent to the personal jurisdiction of such courts and waive any objection to venue therein.

Our Services are intended for use by persons located within the United States. We make no representation that our Services are appropriate or available for use in other locations. Persons who access our Services from outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

Your use of our Services may also be subject to federal consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 41 et seq.), as well as applicable state consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our Services, you agree to first attempt to resolve the matter informally by contacting us at [email protected]. We will endeavor to respond to your inquiry within thirty (30) days. Both parties agree to engage in good-faith efforts to resolve the dispute before initiating formal proceedings.

10.2 Binding Arbitration

IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL MEANS WITHIN SIXTY (60) DAYS OF THE DATE NOTICE WAS SENT, EITHER PARTY MAY ELECT TO HAVE THE DISPUTE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS SET FORTH IN SECTION 10.4 BELOW.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator's decision shall be final and binding, and judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall take place in the United States, at a location mutually agreed upon by the parties or as determined by the AAA rules.

10.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRETY OF THE ARBITRATION PROVISION IN THIS SECTION SHALL BE NULL AND VOID.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights or confidential information. Claims filed in small claims court, if eligible, are also exempt from the arbitration requirement.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you use our Services or maintain an account with us. Your continued use of our website or Services following the posting of any modifications to these Terms constitutes acceptance of such changes.

11.2 Termination by You

You may terminate your account at any time by contacting us at [email protected] or by following the account deletion procedures available on our website, if applicable. Termination of your account does not entitle you to any refund for prepaid but unused services, except as otherwise required by applicable law.

11.3 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to all or any part of our Services at any time, with or without cause, and with or without notice, including but not limited to if we reasonably believe you have violated these Terms, engaged in fraudulent conduct, posed a security risk, or for any other legitimate business reason. Upon termination, your right to use our Services shall immediately cease.

11.4 Effect of Termination

Upon termination or expiration of these Terms for any reason, all provisions which by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law.

12. Changes to Terms

Costa Vida reserves the right to modify, revise, update, or replace any portion of these Terms of Service at any time in our sole discretion. We will indicate the effective date of any changes at the top of this page and, where appropriate, notify you via email or a prominent notice on our website.

It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of our Services following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree to the revised Terms, you must immediately cease using our Services and, if applicable, close your account.

We will not make changes to these Terms that retroactively reduce your rights without providing reasonable advance notice, except where required by applicable law. Material changes will be communicated to registered users via email at least fourteen (14) days prior to the effective date of such changes, where feasible.

13. Severability

If any provision of these Terms of Service is held to be invalid, illegal, void, or unenforceable by any court of competent jurisdiction or arbitrator, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect and shall be construed to give effect to the intent of the parties as reflected in the original Agreement.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms. In the event that any provision is found to be invalid or unenforceable, the parties agree that a court or arbitrator shall endeavor to modify such provision to the minimum extent necessary to make it valid and enforceable while preserving, to the greatest extent possible, the original intent of the parties.

14. Additional Legal Provisions

14.1 Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Costa Vida on our website, constitute the entire agreement between you and Costa Vida with respect to your use of our Services and supersede all prior and contemporaneous agreements, representations, and understandings between the parties relating to the subject matter hereof.

14.2 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our rights under these Terms shall survive any waiver.

14.3 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may freely assign our 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 our assets. Any attempted assignment in violation of this provision shall be null and void.

14.4 Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions, civil unrest, war, terrorism, labor strikes, power outages, internet failures, or other circumstances beyond our reasonable control ("Force Majeure Events"). We will make reasonable efforts to resume performance as soon as practicable following any such event.

14.5 Electronic Communications

By using our Services, you consent to receive communications from us electronically, including via email, push notifications, or notices posted on our website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing, to the 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.

14.6 Headings

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

14.7 Consumer Rights

Nothing in these Terms is intended to limit any rights you may have as a consumer under applicable federal, state, or local law. Certain states, including California, provide additional consumer protections under laws such as the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). If you are a California resident, you may have additional rights regarding your personal information. Please refer to our Privacy Policy for more details.

15. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation, please contact us using the information below:

We will make every effort to respond to your inquiry promptly and to address your concerns in a fair and reasonable manner. For urgent matters relating to food safety, allergen concerns, or health-related issues, please contact us immediately via email.