Terms of Service

Please read these Terms of Service carefully before using the website located at costavida-cafe.top or any services offered by Costa Vida. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations.

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 costavida-cafe.top (the "Site") and all related services, features, content, and functionality offered by the Company (collectively, the "Services").

By accessing or using the Site in any manner, including but not limited to browsing, placing an order, creating an account, submitting information, or interacting with any content on the Site, you affirm that:

• You are at least eighteen (18) years of age, or you are accessing the Site under the supervision of a parent or legal guardian who has agreed to these Terms on your behalf;
• You have the legal capacity and authority to enter into this binding Agreement;
• You agree to comply with all applicable local, state, and federal laws and regulations; and
• 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 your use of the Site and Services. Your continued use of the Site following the posting of any amendments to these Terms shall constitute your acceptance of such amendments.

2. Description of Services

Costa Vida is a food service establishment dedicated to providing customers with high-quality, fresh, and flavorful food and beverage products. Our Services include, but are not limited to, the following:

2.1 Online Ordering

Through our Site, customers may browse our menu, customize food and beverage orders, and submit orders for dine-in, pickup, or delivery (where available). Online ordering is subject to availability, hours of operation, and geographic service area limitations.

2.2 Menu Information

We provide detailed descriptions of our food and beverage offerings, including ingredients, nutritional information, and allergen notices, to the best of our knowledge and ability. Menu items, prices, and availability are subject to change without prior notice.

2.3 Promotions and Loyalty Programs

From time to time, Costa Vida may offer promotional deals, discounts, limited-time offers, or loyalty rewards programs. Such promotions are subject to their own terms and conditions, which will be communicated at the time of the promotion. We reserve the right to modify, suspend, or discontinue any promotion or loyalty program at any time without liability.

2.4 Customer Account Services

Users may have the option to create an account on our Site to manage orders, save preferences, and access exclusive offers. Account creation is voluntary, and you are responsible for maintaining the confidentiality of your account credentials.

2.5 Third-Party Delivery Services

Costa Vida may partner with third-party delivery platforms to facilitate order delivery. When you use a third-party delivery service, you are also subject to that third party's terms of service and privacy policy. Costa Vida is not responsible for the acts or omissions of third-party delivery providers.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, current, and complete information when placing orders or creating an account;
• Maintain and promptly update any information you provide to keep it accurate and complete;
• Use the Site and Services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, ordinances, and regulations;
• Respect the rights and dignity of other users, our staff, and third parties;
• Notify us promptly of any unauthorized use of your account or any other security breach.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using the Site or Services:

• Using the Site for any fraudulent, deceptive, or unlawful purpose;
• Submitting false, misleading, or inaccurate information in connection with any order or account;
• Attempting to gain unauthorized access to any portion of the Site, server, or database connected to the Site;
• Transmitting any viruses, malware, spyware, or other harmful code through the Site;
• Engaging in any form of data scraping, crawling, or automated data collection without our express written consent;
• Using any automated system, including bots, spiders, or scripts, to access or interact with the Site;
• Attempting to reverse engineer, decompile, or disassemble any software or technology used in connection with the Site;
• Harassing, threatening, or intimidating any user, employee, or representative of Costa Vida;
• Posting or transmitting any unlawful, threatening, defamatory, obscene, or otherwise objectionable content;
• Infringing on any intellectual property rights of Costa Vida or any third party;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Interfering with or disrupting the integrity or performance of the Site or the data contained therein;
• Placing fraudulent or bad-faith orders with no intention of payment;
• Using our Services for any commercial solicitation without our prior written consent.

Violation of any of these prohibited activities may result in immediate termination of your access to the Site and Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and features available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and appearance of the Site (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

4.2 Trademarks

The Costa Vida name, logo, taglines, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of Costa Vida or its affiliates. You may not use such marks without the prior written permission of Costa Vida. All other names, logos, product and service names, designs, and slogans mentioned on the Site are the trademarks of their respective owners.

4.3 License to Use

Subject to your compliance with these Terms, Costa Vida grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and its Content solely for your personal, non-commercial use in connection with our Services. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Content;
• Use any Content for commercial purposes without our prior written consent;
• Remove or alter any copyright, trademark, or other proprietary notices from any Content;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information.

4.4 User-Submitted Content

If you submit, post, or transmit any content, feedback, reviews, comments, or other materials to us or through the Site ("User Content"), you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media or format. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe the rights of any third party.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices listed do not include applicable taxes, delivery fees, service charges, or gratuity unless expressly stated. You are responsible for all such additional charges applicable to your order.

5.2 Payment Methods

Costa Vida accepts various forms of payment, including major credit cards, debit cards, and other electronic payment methods as indicated at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including all applicable taxes and fees.

5.3 Order Confirmation

Submission of an order through our Site constitutes an offer to purchase. We reserve the right to accept or decline any order in our sole discretion, including in cases of pricing errors, unavailability of items, or suspected fraudulent activity. An order is not confirmed until you receive an order confirmation from us.

5.4 Refunds and Cancellations

Refund and cancellation policies are handled on a case-by-case basis and subject to our discretion. If you believe there is an error with your order or payment, please contact us promptly at [email protected]. We strive to resolve all legitimate concerns in a timely and fair manner. Certain perishable food items may not be eligible for refund once prepared or delivered.

5.5 Taxes

You are responsible for all applicable federal, state, and local sales taxes, use taxes, or other governmental charges that apply to your purchases. Costa Vida collects and remits applicable taxes in accordance with the laws of the jurisdictions in which it operates.

6. Disclaimers

6.1 As-Is Basis

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA DISCLAIMS ALL WARRANTIES, 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 Warranty of Accuracy

While we make reasonable efforts to ensure the accuracy and completeness of information on our Site, Costa Vida does not warrant that the Site, its content, or any information provided therein is accurate, complete, reliable, current, or error-free. Menu items, ingredients, nutritional information, and prices are subject to change, and discrepancies may occasionally occur.

6.3 Allergen Disclaimer

Costa Vida makes reasonable efforts to identify common allergens in our food products. However, our food is prepared in facilities that may handle allergens such as nuts, dairy, gluten, soy, eggs, shellfish, and other common allergens. We cannot guarantee that any menu item is completely free from allergens. If you have a food allergy or dietary restriction, you should consult with our staff before ordering and use your own judgment regarding the suitability of our products for your needs. Costa Vida is not liable for any allergic reactions or adverse health effects resulting from consumption of our products.

6.4 Third-Party Links

Our Site may contain links to third-party websites or services. These links are provided for your convenience only. Costa Vida does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. We encourage you to review the terms and privacy policies of any third-party websites you visit.

6.5 Service Interruptions

Costa Vida does not warrant that the Site will be available at all times or that access will be uninterrupted, timely, secure, or error-free. We reserve the right to suspend or discontinue the Site or any portion thereof at any time without notice.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, 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 alteration of your transmissions or data;
• Any errors, mistakes, or inaccuracies in any content or information provided through the Site;
• Any personal injury or property damage resulting from your use of our products or Services;
• Any conduct or content of any third party in connection with the Services;
• Any interruption, suspension, or termination of the Site or Services;
• Any food-related illness, allergic reaction, or adverse health outcome unless caused by our gross negligence or willful misconduct.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

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

• Your violation of these Terms;
• Your use or misuse of the Site or Services;
• Any User Content you submit, post, or transmit through the Site;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or publicity rights;
• Any misrepresentation made by you in connection with these Terms or your use of our Services;
• Any fraudulent or bad-faith activity undertaken by you in connection with the Services.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

9. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction in which Costa Vida's principal place of business is located, without regard to its conflict of law provisions.

To the extent permitted by law, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the United States for the resolution of any disputes not subject to binding arbitration as provided in Section 10 below. Both parties waive any objection to the exercise of jurisdiction over them by such courts and to venue in such courts.

If Costa Vida is located in or primarily serves customers in the State of California, the California Consumer Privacy Act (CCPA/CPRA) and other applicable California consumer protection statutes shall also apply. The Federal Trade Commission Act (FTC Act) and all applicable federal consumer protection laws shall govern our advertising and business practices.

10. Dispute Resolution

10.1 Informal Resolution

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

10.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AS MODIFIED BY THIS SECTION.

The arbitration shall be conducted by a single neutral arbitrator. The arbitration shall take place in the state in which Costa Vida's principal place of business is located, unless the parties agree otherwise or applicable law requires a different location. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

10.3 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, BOTH YOU AND COSTA VIDA WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you use or access the Site or Services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and governing law provisions.

11.2 Termination by Costa Vida

Costa Vida reserves the right, in its sole and absolute discretion, to suspend or terminate your access to the Site and Services, with or without notice, for any reason or no reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation;
• Conduct that Costa Vida determines, in its sole discretion, to be harmful to other users, the Company, or third parties;
• Fraudulent, abusive, or otherwise unacceptable use of the Site or Services;
• Requests by law enforcement or other government agencies;
• Discontinuation or material modification of the Services.

11.3 Termination by User

You may terminate your use of the Site and Services at any time by ceasing to access the Site. If you have a registered account, you may request deletion of your account by contacting us at [email protected]. Please note that certain information may be retained as required by applicable law or for legitimate business purposes.

11.4 Effect of Termination

Upon termination of your access to the Site and Services, all licenses and rights granted to you under these Terms will immediately cease. Any provisions that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms at any time and for any reason, in its sole discretion. When we make changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, provide you with notice of material changes via email or a prominent notice on the Site.

Your continued use of the Site or Services after the effective date of any modified Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue your use of the Site and Services immediately.

We encourage you to review these Terms periodically to stay informed of any updates. It is your responsibility to check this page regularly for changes.

13. Severability

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The severance of any such provision shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.

No waiver by Costa Vida 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. A waiver of any right under these Terms is only effective if it is in writing and shall not be deemed a waiver of any subsequent breach or right.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Costa Vida 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, regarding such subject matter.

No oral or written representation, warranty, or statement made outside of these Terms shall form any part of the agreement between you and Costa Vida unless expressly incorporated herein.

15. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may assign or transfer its rights and obligations under these Terms, in whole or in part, at any time without notice or consent, including in connection with a merger, acquisition, sale of assets, or by operation of law. Any purported assignment in violation of this section shall be null and void.

16. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, supply chain disruptions, power failures, or internet outages. In the event of a force majeure event, Costa Vida will use commercially reasonable efforts to resume performance as soon as practicable.

17. Notices

All notices, requests, demands, or other communications required or permitted under these Terms shall be in writing and shall be deemed duly given when sent to the addresses set forth below. Notices to Costa Vida must be sent via email to [email protected] or by mail to our address of record. Notices to you will be sent to the email address or postal address you have provided in your account or order information.

18. Accessibility

Costa Vida is committed to making its website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including guidelines established under the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or Services, please contact us at [email protected] so that we may assist you and improve our accessibility features.

19. Privacy

Your use of the Site and Services 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 our Site and Services, you consent to the data practices described in our Privacy Policy. If you are a resident of the State of California, you may have additional rights under the California Consumer Privacy Act (CCPA/CPRA), as described in our Privacy Policy.

20. Contact Information

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