Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costsvida.click (the "Site") or any products, services, or features 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") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

These Terms of Service constitute a legally binding agreement between you and Costa Vida governing your access to and use of the Site, our online ordering platform, and all related food services, content, and functionality provided through costsvida.click. Your continued use of the Site following any posted modifications to these Terms constitutes your acceptance of those modifications.

By accessing or using the Site, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you have obtained verifiable parental or legal guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• You are not barred from using our services under applicable United States law or any other applicable jurisdiction;
• All registration and account information you submit is truthful, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update it as necessary.

If you are using the Site on behalf of a business entity, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and that entity accepts these Terms.

2. Description of Services

Costa Vida is a food service business operating within the United States. Through our website, costsvida.click, we offer the following services and features:

• Online Menu Browsing: Users may browse our full menu of food and beverage offerings, including descriptions, ingredients, nutritional information (where available), pricing, and customization options.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability in their area and the terms of any applicable delivery service.
• Loyalty and Rewards Programs: We may offer loyalty points, reward credits, promotional discounts, or membership programs, each subject to their own specific terms and conditions.
• Promotions and Special Offers: We may from time to time publish promotional offers, coupons, or discount codes, each of which may be subject to additional terms and limitations.
• Customer Account Management: Users may create accounts to manage their order history, saved preferences, payment methods, and other personal settings.
• Customer Support: We provide customer service via email at [email protected] to assist with inquiries related to orders, products, or account management.
• Informational Content: We provide general information about our restaurant locations, business hours, catering options, and other food-related content.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you or any third party. Menu items, prices, and availability are subject to change without prior notice.

3. User Accounts and Registration

To access certain features of our Site, including online ordering and loyalty program participation, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Maintain the security and confidentiality of your login credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Immediately notify us at [email protected] of any unauthorized use of your account or any other breach of security;
• Ensure that you log out of your account at the end of each session when using a shared or public device.

Costa Vida will not be liable for any loss or damage arising from your failure to protect your account credentials. You may not transfer or share your account with any other person, and each individual may maintain only one active account unless otherwise permitted by us in writing.

We reserve the right to suspend or terminate your account, refuse service, remove or edit content, or cancel orders at our sole discretion, including if we believe that your conduct violates these Terms or is harmful to other users, us, third parties, or the integrity of our services.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and our services, you agree to use them only for lawful purposes and in a manner that does not infringe upon the rights of others. You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to those governing food safety, consumer protection, and electronic commerce.

4.1 Prohibited Activities

You agree that you will NOT, under any circumstances:

• Use the Site for any unlawful purpose or in violation of any applicable law, regulation, or ordinance;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the integrity or performance of the Site, servers, or networks connected to the Site;
• Attempt to gain unauthorized access to any portion or feature of the Site, or to any other systems or networks connected to the Site, by hacking, password mining, or any other illegitimate means;
• Use any automated system, including "robots," "spiders," or "offline readers," to access the Site in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional online web browser;
• Transmit any unsolicited or unauthorized advertising or promotional material, including junk mail, spam, chain letters, or pyramid schemes;
• Upload, transmit, or distribute any computer virus, worm, or any software intended to damage or alter a computer system or data;
• Collect or harvest any personally identifiable information from the Site without explicit authorization;
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site;
• Engage in any fraudulent activity, including submitting false or misleading orders, payment information, or identity information;
• Attempt to reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or underlying algorithms of any portion of the Site;
• Use our services to engage in any activity that violates the rights of any third party, including intellectual property rights, privacy rights, or contractual rights;
• Create multiple accounts for fraudulent purposes, abuse promotional offers, or engage in "deal stacking" or misuse of loyalty rewards;
• Resell, distribute, or commercially exploit any portion of the Site, services, or content without our express written permission.

Violation of any of the above prohibited activities may result in immediate termination of your account, cancellation of any pending orders, and we reserve the right to pursue all available legal remedies against you.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Site, you are making an offer to purchase the specified food and beverage items at the stated prices. Your order is subject to acceptance by Costa Vida, and we reserve the right to refuse or cancel any order at our discretion, including if the items are unavailable, if there is an error in pricing or product description, or if we suspect fraudulent activity.

You will receive an order confirmation via email upon successful placement of your order. However, receipt of a confirmation does not guarantee that your order will be fulfilled if, for any reason, the item becomes unavailable or if we discover an error in your order details.

5.2 Pricing and Taxes

All prices listed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable sales taxes unless expressly stated. Sales tax will be calculated and applied to your order based on the applicable rates in your jurisdiction at the time of checkout, in accordance with applicable federal, state, and local tax laws.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at checkout. By submitting your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order, including applicable taxes and fees, to that payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order and the circumstances. If you believe you have received an incorrect, incomplete, or unsatisfactory order, please contact us immediately at [email protected]. We will review your concern and determine the appropriate remedy, which may include a replacement, credit, or refund at our sole discretion. All refund decisions are final.

5.5 Third-Party Delivery Services

If your order is fulfilled through a third-party delivery partner, additional terms and conditions of that third-party service may apply. Costa Vida is not responsible for delays, errors, or damages caused by third-party delivery providers, and any disputes related to delivery should be directed to the applicable third-party service.

6. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, photographs, logos, trademarks, service marks, trade names, icons, software code, audio clips, video clips, data compilations, and the selection and arrangement thereof — are the exclusive property of Costa Vida or its licensors and are protected by the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws, as well as international treaties and conventions.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in connection with obtaining our food and beverage services. This license does not include:

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

All trademarks, service marks, logos, and trade names displayed on the Site are the registered or unregistered trademarks of Costa Vida or their respective owners. Nothing in these Terms grants you any right or license to use any trademark, logo, or trade name of Costa Vida or any third party.

Any unauthorized use of the intellectual property described herein constitutes a violation of these Terms and may violate applicable intellectual property laws, resulting in civil or criminal penalties. Costa Vida reserves all rights not expressly granted in these Terms.

7. User-Generated Content

If our Site allows you to post, submit, upload, or otherwise make available any content, including reviews, comments, photographs, or feedback ("User Content"), you grant Costa Vida a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with our business and services.

You represent and warrant that your User Content does not violate any third-party rights, is not defamatory, obscene, or otherwise unlawful, and complies with all applicable laws. We reserve the right to remove any User Content at our sole discretion, without notice, and without liability.

8. Disclaimers and "As-Is" Basis

YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, INFORMATION, AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR AVAILABILITY OF THE SITE OR ITS CONTENT;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE SUITABILITY OF ANY FOOD OR BEVERAGE PRODUCT FOR ANY PARTICULAR DIETARY NEED, ALLERGY, OR HEALTH CONDITION;
• WARRANTIES REGARDING THE ACCURACY OF NUTRITIONAL INFORMATION PROVIDED ON THE SITE.

No advice or information, whether oral or written, obtained from Costa Vida or through the Site will create any warranty not expressly stated in these Terms.

9. Limitation of Liability

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

• Loss of profits, revenues, data, goodwill, or other intangible losses;
• Damages resulting from your access to, use of, or inability to access or use the Site or our services;
• Damages resulting from any conduct or content of any third party on or related to the Site;
• Damages resulting from unauthorized access to or alteration of your transmissions or data;
• Damages resulting from any food product, including adverse reactions, allergic responses, or foodborne illness.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COSTA VIDA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

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 SITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COSTA VIDA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns 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 or any applicable law, regulation, or ordinance;
• Your use or misuse of the Site or our services;
• Your User Content or any content you submit, post, or transmit through the Site;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any fraudulent, negligent, or intentional misconduct by you;
• Any dispute between you and any third party, including delivery service providers;
• Any claim that your use of the Site caused damage to a third party.

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 fully with our defense of such matter. You agree not to settle any such matter without our prior written consent.

11. Privacy Policy

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, disclose, and protect your personal information. By using the Site and our services, you consent to the data practices described in our Privacy Policy.

If you are a resident of California, additional rights may apply to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to correct, and the right to opt-out of the sale or sharing of personal information. Please refer to our Privacy Policy for full details regarding these rights and how to exercise them.

12. Third-Party Links and Services

The Site may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Costa Vida. Such links are provided solely for your convenience and informational purposes. Costa Vida has no control over and assumes no responsibility for the content, privacy policies, terms of service, or practices of any third-party websites or services.

We do not warrant or endorse any third-party site or the products or services offered therein. We encourage you to review the terms and privacy policies of any third-party sites you visit. Your access to and use of third-party sites is at your own risk and subject to the applicable terms of such third parties.

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 or formation (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 laws of the state in which Costa Vida's principal place of business is registered, without regard to its conflict of law provisions or principles.

You agree that any legal action or proceeding arising under or related to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

These Terms are also subject to applicable federal laws, including:

• The Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts and practices;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The Electronic Communications Privacy Act (18 U.S.C. §§ 2510–2523);
• The Children's Online Privacy Protection Act (COPPA), 15 U.S.C. § 6501 et seq.;
• All applicable food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida in writing at [email protected] and attempt to resolve the dispute informally. You must describe the nature of your dispute in reasonable detail and the specific relief you are seeking. Costa Vida will attempt to respond to your written notice within thirty (30) days of receipt. If the dispute cannot be resolved informally within sixty (60) days of the initial notice, either party may proceed to formal dispute resolution as described below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS. EXCEPT AS SET FORTH BELOW, YOU AND COSTA VIDA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED BY COSTA VIDA SHALL BE RESOLVED SOLELY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on both parties. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND COSTA VIDA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND COSTA VIDA EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

14.4 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 intellectual property rights or confidential information, or to address claims that can be brought in small claims court within the applicable jurisdictional limits.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or our services. Either party may terminate this Agreement at any time, for any reason or no reason, without prior notice.

Costa Vida reserves the right, in its sole and absolute discretion, to:

• Suspend or terminate your account and access to the Site and services immediately, with or without cause or notice;
• Cancel any pending orders associated with a terminated account;
• Block your IP address or take other technical measures to prevent your access to the Site;
• Remove any User Content associated with your account;
• Pursue any legal remedies available at law or in equity.

Upon termination of your account or this Agreement: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must cease all use of the Site and services; and (c) any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 13 (Governing Law), 14 (Dispute Resolution), and this Section 15.

16. Changes to These Terms

Costa Vida reserves the right, in its sole discretion, to modify, update, amend, or replace any portion of these Terms at any time. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where the changes are material, we will provide additional notice, such as by sending an email to the address associated with your account or displaying a prominent notice on our Site.

Your continued use of the Site or our services after the effective date of any changes to these Terms constitutes your binding acceptance of such changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to the revised Terms, you must immediately discontinue your use of the Site and services and, if applicable, deactivate your account.

17. Electronic Communications

By using the Site and our services, you consent to receive electronic communications from Costa Vida, including order confirmations, account notices, promotional offers (where you have opted in), and updates to these Terms or our Privacy Policy. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or through the Site, satisfy any legal requirement that such communications be in writing.

You may opt out of promotional emails at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Opting out of promotional communications will not affect your receipt of transactional or account-related communications.

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 its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, governmental actions, labor disputes, supply chain disruptions, internet or telecommunications failures, power outages, or any other event of force majeure. In such circumstances, 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.

19. Severability

If any provision or portion of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected, impaired, or invalidated by such severability.

The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision in any other jurisdiction. 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 terms hereof.

20. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published on the Site, constitute the entire agreement between you and Costa Vida with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, warranties, understandings, and negotiations, whether written or oral, between the parties relating to such subject matter.

No waiver by Costa Vida of any right or provision of these Terms shall be considered a further or continuing waiver of such right or provision, and any failure by Costa Vida to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. All waivers must be in writing and signed by an authorized representative of Costa Vida to be effective.

21. Assignment

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

22. Contact Information

If you have any questions, concerns, complaints, or feedback regarding these Terms of Service or our services, please do not hesitate to contact us using the information provided below. Our team will make every effort to respond to your inquiry in a timely and professional manner.

For legal notices, including notices related to disputes or intellectual property claims, please submit written correspondence via email to [email protected] with the subject line "Legal Notice — Terms of Service." We recommend retaining a copy of all correspondence for your records.