Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costas-vida.rest (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

By accessing, browsing, or using costas-vida.rest in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Costa Vida.

You represent and warrant that you are at least eighteen (18) years of age, or, if you are between the ages of thirteen (13) and seventeen (17), that you are using the Site under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing the Site on behalf of a business entity or organization, you represent that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to such entity.

We reserve the right to update, modify, or replace any part of these Terms at any time, at our sole discretion, with or without prior notice. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes.

2. Description of Services

Costa Vida is a food service business operating in the United States. Our services include, but are not limited to:

• Providing information about our menu, food offerings, ingredients, and nutritional content via our website;
• Facilitating online food ordering, whether for pickup, dine-in, or delivery (where available);
• Processing payments for food and beverage orders placed through our Site or affiliated platforms;
• Offering catering inquiry services, promotional offers, gift cards, and loyalty program benefits;
• Publishing content including recipes, health information, blog posts, and promotional materials;
• Providing customer support and responding to inquiries submitted through our contact channels.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, menu item, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Our services are intended solely for personal, non-commercial use unless you have entered into a separate written agreement with Costa Vida authorizing commercial use. Any use of our services outside the scope of these Terms is strictly prohibited.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or submitting any form on the Site;
• Maintain the confidentiality of your account credentials, including your username and password, and immediately notify us of any unauthorized use of your account;
• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable local, state, federal, and international laws, rules, and regulations;
• Notify us promptly if you become aware of any security breach, unauthorized access, or misuse of the Site.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or services for any unlawful, fraudulent, or harmful purpose;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
• Attempt to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site through hacking, password mining, or any other means;
• Use any automated tools, bots, scrapers, spiders, crawlers, or similar technology to access, extract data from, or interact with the Site without our express written permission;
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of solicitation;
• Upload, post, transmit, or otherwise make available any content that infringes upon any intellectual property rights, including copyrights, trademarks, patents, or trade secrets;
• Engage in any activity that disrupts, interferes with, or inhibits other users from using the Site or that could damage, disable, overburden, or impair our servers or networks;
• Collect or harvest personally identifiable information from the Site without our express written consent;
• Use the Site in any manner that could disparage, defame, or harm the reputation of Costa Vida, its employees, affiliates, or business partners;
• Circumvent, disable, or interfere with any security-related features of the Site, including features that prevent or restrict use or copying of content;
• Engage in any activity that constitutes a violation of the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), or any other applicable federal or state law.

Any violation of these prohibited activities may result in immediate termination of your access to the Site and services, and may be referred to appropriate law enforcement authorities. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.

4. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Costa Vida or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

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. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content strictly in accordance with these Terms, for personal, non-commercial purposes only. This license does not include:

• Any resale or commercial use of the Site or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Site or its contents;
• Any downloading, copying, or use 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 our intellectual property immediately terminates the license granted to you. If you believe that any content on our Site infringes upon your copyright, please send a written notice to [email protected] pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, including all required information.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the selected food items at the listed prices. We reserve the right to accept or decline any order at our sole discretion. An order confirmation does not constitute acceptance of your order; acceptance occurs when we confirm your order for preparation.

You agree to provide current, complete, and accurate purchase and account information for all orders made through the Site. You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.

5.2 Pricing and Availability

All prices listed on the Site are in U.S. Dollars (USD) and are subject to change without notice. Menu item availability may vary by location and time. We reserve the right to discontinue any product or service at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of any product or service.

We reserve the right to refuse or cancel your order if pricing errors occur on our Site. If your order has been charged before cancellation, we will issue a full refund to your original payment method.

5.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as displayed on our Site. By submitting payment information, you represent and warrant that you have the legal right to use such payment method. All payments are processed through secure third-party payment processors. We do not store your full payment card information on our servers.

You are responsible for all charges incurred on your account, including applicable taxes. Sales tax will be applied to your order in accordance with applicable state and local tax laws.

5.4 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order, such as receiving an incorrect or unsatisfactory item, please contact us at [email protected] within twenty-four (24) hours of your order. We will review your concern on a case-by-case basis and, at our sole discretion, may offer a replacement, store credit, or refund.

6. Food Allergy and Nutritional Information Disclaimer

Costa Vida makes reasonable efforts to provide accurate and up-to-date nutritional and allergen information on our Site. However, menu items and their ingredients are subject to change, and cross-contamination with allergens may occur during food preparation in our kitchens.

If you have a food allergy, food intolerance, or specific dietary requirement, we strongly encourage you to consult with our staff directly before placing an order. Costa Vida cannot guarantee that any menu item is completely free of any particular allergen. By ordering from us, you acknowledge and accept the inherent risks associated with food allergies and agree that Costa Vida shall not be held liable for any adverse reactions or health consequences resulting from the consumption of our products.

7. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or applications that are not owned or controlled by Costa Vida. These links are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation by us of such third-party sites, their content, products, or services.

We have no control over and assume no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services. 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 such content, goods, or services available on or through any third-party websites.

We strongly advise you to read the terms of service and privacy policies of any third-party sites that you visit. Your interactions with such third parties are governed solely by their respective terms and policies.

8. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT:

• THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS IN THE SITE WILL BE CORRECTED;
• THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN;
• ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES;
• ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE.

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

The foregoing limitations of liability shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Costa Vida has been advised of the possibility of such damage. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; therefore, some of the above limitations may not apply to you.

10. Indemnification

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

• Your violation of these Terms of Service;
• Your use of the Site or services in any manner not expressly authorized by these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or publicity right;
• Any content, materials, or information you submit, post, transmit, or make available through the Site;
• Your negligence or willful misconduct;
• Any misrepresentation made by you.

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

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of our Site and services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Costa Vida agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States for the purpose of litigating all such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

If you are a consumer residing in the United States, you may also have rights under applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), and applicable state consumer protection statutes. Nothing in these Terms shall limit or waive any rights you may have under applicable mandatory consumer protection laws that cannot be contractually excluded.

For users residing in California, additional rights may apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq., and the California Unfair Competition Law (Business and Professions Code § 17200 et seq.).

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing any formal legal claim, you agree to first contact Costa Vida at [email protected] and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally by contacting you within thirty (30) days of receipt of your written notice. If a dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution as outlined below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES WITH COSTA VIDA THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

Except for disputes that qualify for small claims court, all disputes, claims, controversies, or disagreements arising out of or relating to these Terms, your use of the Site, or our services shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration will be conducted in English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall take place in the United States, unless otherwise agreed by the parties. Each party will bear its own attorneys' fees and costs unless the arbitrator finds that a claim was frivolous or brought in bad faith, in which case the arbitrator may award attorneys' fees to the prevailing party.

12.3 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, CONSOLIDATED, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. Unless both you and Costa Vida agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

12.4 Exceptions to Arbitration

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

13. Term and Termination

These Terms shall remain in full force and effect while you use the Site and our services. We may suspend or terminate your access to and use of the Site and services, at our sole discretion, at any time and without notice to you, including if we reasonably believe that you have violated these Terms.

You may terminate your account or cease using our services at any time. Upon termination of your account, all licenses and rights granted to you in these Terms will immediately cease. Costa Vida may retain certain information as required by law or as necessary for our legitimate business purposes following termination.

Sections of these Terms that by their nature should survive termination shall survive, including, without limitation, provisions relating to intellectual property, disclaimer of warranties, indemnification, limitation of liability, dispute resolution, and governing law.

14. Changes to These Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide you with more prominent notice, such as by sending an email notification to the address associated with your account or by displaying a prominent notice on our Site.

Your continued use of the Site or our services after any modifications to these Terms have been posted constitutes your binding acceptance of such modified Terms. If you do not agree to the modified Terms, you must stop using the Site and our services immediately. It is your responsibility to review these Terms periodically for any updates or changes.

15. User-Generated Content

To the extent our Site permits you to post, upload, submit, or otherwise transmit reviews, comments, feedback, photos, or other content ("User Content"), you grant Costa Vida a 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 throughout the world in any media.

You represent and warrant that: (a) you own or control all rights in and to the User Content; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content does not violate these Terms or any applicable law.

We reserve the right, but have no obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. You acknowledge that you are responsible for any User Content you submit or contribute, and that you, not Costa Vida, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

16. Privacy and Data Protection

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information we obtain through your use of our Site and services. By using our Site, you consent to the data practices described in our Privacy Policy.

For users residing in California, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. You may have specific rights regarding your personal information, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination for exercising your privacy rights.

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, pandemic or epidemic, governmental actions, labor disputes, power outages, internet service disruptions, or failures of third-party service providers. In such cases, our obligations will be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

18. Severability

If any provision of these Terms of Service is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, and to reflect, as closely as possible, the original intent of the parties. All remaining provisions of these Terms shall remain in full force and effect.

19. Waiver

The failure of Costa Vida to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by an authorized representative of Costa Vida. No waiver by Costa Vida of any breach or default shall be deemed a waiver of any subsequent breach or default.

20. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Site, constitute the entire agreement between you and Costa Vida with respect to your use of the Site and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between you and Costa Vida regarding the subject matter hereof. No prior or contemporaneous oral or written agreement shall modify, qualify, or supplement the terms of this Agreement.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Costa Vida's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Costa Vida may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason, please reach out to us using the following information:

We will endeavor to respond to all inquiries within a reasonable period of time. For urgent matters related to orders, allergies, or food safety, please contact us immediately via the email address provided above.