Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at cost-vida.rest (the "Site") or any services, products, or features offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site and services, you agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Costa Vida website at cost-vida.rest, placing an order, registering an account, subscribing to our communications, or otherwise engaging with any of our services or digital offerings, you confirm that:

• You have read, understood, and agree to be bound by these Terms of Service;
• You are at least 18 years of age, or if you are between the ages of 13 and 17, that you have obtained verifiable parental or legal guardian consent to use our services;
• You have the legal capacity and authority to enter into a binding agreement;
• You are not prohibited by any applicable law from using our services;
• You agree to comply with all applicable local, state, and federal laws in connection with your use of the Site and services.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Costa Vida. Your continued use of our Site or services following the posting of any revisions to these Terms constitutes your acceptance of those changes.

2. Description of Services

Costa Vida is a food service business operating in the United States. We offer a range of products and services through our website and physical or virtual service channels, which may include but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for food and beverages through our Site or affiliated ordering platforms;
• Catering Services: We may offer catering packages for events, gatherings, and corporate functions, subject to availability and separate catering agreements;
• Loyalty Programs: We may operate reward or loyalty programs that allow registered users to accumulate points or benefits based on their purchases;
• Promotional Offers: We may, from time to time, offer coupons, discounts, limited-time promotions, or special menu items through our Site or affiliated channels;
• Informational Content: We publish content including nutritional information, allergen disclosures, menu descriptions, and general food-related educational content;
• Customer Account Management: Registered users may manage their profile, order history, saved payment methods (processed by third-party providers), and preferences through their account dashboard;
• Gift Cards: We may offer digital or physical gift cards subject to the terms printed on or accompanying such cards and any additional terms posted on the Site.

We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time, with or without notice, and without liability to you. Menu offerings, pricing, availability, and hours of operation are subject to change without notice.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Site and services, you agree to:

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain the security of your account credentials and promptly notify us of any unauthorized access or suspected breach;
• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations;
• Respect the intellectual property rights, privacy rights, and other legal rights of Costa Vida and third parties;
• Be solely responsible for any content you submit, post, or transmit through the Site;
• Update your account information to keep it accurate and current.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Site or services for any fraudulent, unlawful, or unauthorized purpose;
• Attempt to gain unauthorized access to any portion of the Site, server infrastructure, database, or systems connected to Costa Vida;
• Engage in any activity that disrupts, interferes with, or damages the integrity or performance of the Site or its related services;
• Transmit any viruses, malware, spyware, ransomware, trojan horses, worms, or other harmful or malicious code;
• Use automated means, including bots, scrapers, crawlers, or data mining tools, to access, collect, or harvest any content or data from the Site without our express written permission;
• Impersonate Costa Vida, its employees, officers, agents, or any other person or entity;
• Post, upload, or transmit any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Violate any applicable federal, state, or local law, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, or the Children's Online Privacy Protection Act (COPPA);
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software underlying the Site;
• Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks;
• Circumvent or disable any security features, digital rights management tools, or access control mechanisms;
• Resell, sublicense, or exploit any content, products, or services obtained through our Site for commercial purposes without our prior written authorization;
• Engage in any activity that constitutes an unfair or deceptive trade practice under the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) or applicable state consumer protection laws.

We reserve the right to investigate any suspected violation of these Terms and to take any action we deem appropriate, including terminating your account, refusing service, and reporting violations to law enforcement authorities.

4. Account Registration and Security

To access certain features of our Site, including online ordering, loyalty programs, and order history tracking, you may be required to register for an account. By creating an account, you agree to:

• Provide truthful, accurate, and complete registration information;
• Maintain and promptly update your account information to ensure accuracy;
• Keep your password confidential and not share it with any third party;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account;
• Accept full responsibility for all activities conducted under your account.

Costa Vida reserves the right to suspend or terminate your account at any time, with or without notice, if we believe that you have violated these Terms or engaged in fraudulent or harmful activity.

5. Intellectual Property Rights

5.1 Ownership

All content, materials, and elements available on the Site, including but not limited to text, graphics, logos, photographs, images, icons, audio clips, video clips, digital downloads, data compilations, software, and the overall look and feel of the Site, are the exclusive property of Costa Vida or its content suppliers and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

5.2 Limited License

Subject to your compliance with these Terms, Costa Vida grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use only. This license does not include the right to:

• Reproduce, distribute, publicly display, or create derivative works from any Site content;
• Use any content for commercial purposes without our prior written consent;
• Remove or alter any proprietary notices, labels, or marks on any content;
• Frame or mirror any portion of the Site without express written authorization.

5.3 Trademarks

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

5.4 User-Submitted Content

If you submit, post, or transmit any content to our Site, including reviews, feedback, comments, photographs, or suggestions ("User Content"), you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and create derivative works from such User Content for any purpose, without compensation to you. 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 intellectual property or other rights of any third party.

6. Payment Terms

6.1 Pricing

All prices displayed on our Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, service fees, or delivery charges, which will be calculated and displayed at checkout before you complete your order.

6.2 Payment Methods

We accept payment through the methods displayed at checkout, which may include major credit cards, debit cards, digital wallets, and other payment processors. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including applicable taxes and fees.

6.3 Order Confirmation

Upon successful placement of an order, you will receive an order confirmation via email or through the Site. This confirmation constitutes acknowledgment of receipt of your order and does not constitute acceptance of your order or a guarantee of fulfillment. We reserve the right to cancel or modify orders due to pricing errors, item unavailability, suspected fraud, or other operational reasons.

6.4 Refunds and Cancellations

Our refund and cancellation policy is as follows: Once an order has been confirmed and preparation has commenced, cancellations may not be accepted. Refunds may be issued at our sole discretion in the event of incorrect orders, quality issues, or other circumstances we deem appropriate. To request a refund or report an issue with your order, please contact us at [email protected]. Refunds, where approved, will be processed to the original payment method within a commercially reasonable timeframe, subject to your financial institution's processing times.

6.5 Gift Cards

Gift cards are non-refundable, non-transferable (except where required by law), and cannot be redeemed for cash except as required by applicable state law. Costa Vida is not responsible for lost, stolen, or damaged gift cards. Gift cards are void where prohibited by law.

7. Food Safety, Allergen Information, and Nutritional Disclosures

Costa Vida is committed to food safety and transparency. We endeavor to provide accurate allergen and nutritional information for our menu items on our Site. However, please be aware of the following:

• Our food products are prepared in facilities that handle common allergens including, but not limited to, gluten, dairy, nuts, eggs, soy, shellfish, and fish. Cross-contamination is possible;
• Nutritional and allergen information may vary based on ingredient substitutions, regional suppliers, portion sizes, and preparation methods;
• If you have a severe food allergy or dietary restriction, we strongly encourage you to contact us directly before placing an order and to exercise appropriate caution;
• We are not responsible for adverse reactions caused by undisclosed or unknown allergens. It is the customer's responsibility to review all available ingredient and allergen information before consuming our products.

Menu items and ingredients are subject to change without notice. For the most current and detailed allergen information, please contact us at [email protected].

8. Disclaimers

8.1 As-Is Basis

THE SITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE 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, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

Costa Vida does not warrant that the information on the Site is accurate, complete, reliable, current, or error-free. We make no representations or warranties regarding the accuracy or completeness of any content, including menu descriptions, pricing, nutritional data, or promotional information.

8.3 No Warranty of Availability

We do not guarantee that the Site will be available at all times, free from interruptions, errors, viruses, or other harmful elements. We reserve the right to modify, suspend, or discontinue the Site at any time without notice.

8.4 Third-Party Links

Our Site may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. We strongly advise you to review the terms and privacy policies of any third-party sites you visit.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES.

THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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 APPLICABLE LAW.

IN NO EVENT SHALL COSTA VIDA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

10. Indemnification

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

• Your use of or access to the Site or services;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights;
• Any User Content you submit, post, or transmit through the Site;
• Your negligence or willful misconduct;
• Any dispute between you and any third party in connection with the Site or services.

Costa Vida reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with us in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Costa Vida.

11. 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 applicable laws of the state in which Costa Vida is incorporated or principally operates, 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 hereby waive any objection to the exercise of jurisdiction by such courts and waive any claim that such courts constitute an inconvenient forum.

Our services are designed for use in the United States. We make no representations that our Site or services are appropriate or available for use in other locations. Those who access or use our Site from outside the United States do so at their own risk and are responsible for compliance with applicable local laws.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida at [email protected] and provide a written description of your complaint, the relief you seek, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute informally within this period, you or Costa Vida may pursue formal resolution as set forth below.

12.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR THE USE OF THE SITE OR SERVICES (COLLECTIVELY, "DISPUTES") WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT EITHER PARTY MAY BRING AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT IF IT QUALIFIES.

Arbitration shall be conducted in accordance with the rules of the American Arbitration Association ("AAA") Consumer Arbitration Rules, as currently in effect and available at www.adr.org. The arbitration shall be conducted in English, in the United States. The arbitrator shall have authority to award any remedies that would be available in a court of law.

You acknowledge and agree that you are waiving your right to a trial by jury and your right to participate in class action litigation with respect to any Disputes covered by this arbitration agreement.

12.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR MULTI-PLAINTIFF ACTION OR PROCEEDING. Unless both you and Costa Vida agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13. Term and Termination

13.1 Term

These Terms are effective as of the date first listed above and shall remain in full force and effect for as long as you access or use our Site or services, unless earlier terminated in accordance with this section.

13.2 Termination by You

You may terminate your account and cease use of our services at any time by contacting us at [email protected] and requesting account deletion. Please note that termination of your account does not entitle you to any refunds for amounts already paid, except as required by applicable law.

13.3 Termination by Costa Vida

Costa Vida may, in its sole discretion and without liability, immediately terminate or suspend your access to the Site and services, with or without notice, for any reason, including if:

• You breach any provision of these Terms;
• You engage in fraudulent, illegal, or harmful activity;
• We are required to do so by applicable law or court order;
• We discontinue or materially modify our services;
• We determine, in our sole discretion, that your continued access poses a risk to the Site, other users, or Costa Vida.

13.4 Effect of Termination

Upon termination of your account or access to our services, your right to use the Site and services shall immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including without limitation Sections 5, 7, 8, 9, 10, 11, 12, and 13.

14. Changes to Terms

Costa Vida reserves the right to update, modify, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Updating the "Last Updated" date at the top of this page;
• Posting a prominent notice on our Site; and/or
• Sending an email to the address associated with your account, where applicable.

Your continued use of the Site or services after any such modification constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes. If you do not agree to the revised Terms, you must immediately cease using our Site and services and, if applicable, delete your account.

15. Privacy Policy

Your use of our 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, store, and share your personal information in connection with your use of our services. To the extent applicable, we comply with:

• The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), for users in California;
• The Federal Trade Commission Act (FTC Act, 15 U.S.C. § 41 et seq.) with respect to fair and transparent data practices;
• The Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501 et seq.) with respect to users under the age of 13;
• Other applicable state and federal privacy laws.

Please review our Privacy Policy at cost-vida.rest to understand our practices.

16. Electronic Communications

By using our Site and services, you consent to receiving electronic communications from Costa Vida. These communications may include transactional emails, account notifications, promotional offers, and other information related to our services. You agree that any notices, agreements, disclosures, or other communications we send electronically satisfy any legal requirement that such communications be in writing, to the fullest 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.).

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, utility or internet service failures, cyberattacks, or any other event constituting force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we shall endeavor to resume normal operations as soon as reasonably practicable.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements 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, understandings, negotiations, and discussions, whether oral or written, between the parties relating to such subject matter. No failure or delay by Costa Vida in exercising any right, remedy, or privilege under these Terms shall operate as a waiver thereof.

19. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions of these Terms shall remain in full force and effect. The parties agree that a court should endeavor to give effect to the parties' intentions as reflected in the unenforceable provision, to the maximum extent permitted by applicable law.

20. Waiver

No waiver by Costa Vida of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Costa Vida to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver shall only be effective if made in writing and signed by an authorized representative of Costa Vida.

21. Assignment

You may not assign, transfer, delegate, or sublicense your rights or obligations under these Terms without the prior written consent of Costa Vida. Any attempted assignment in violation of this provision shall be null and void. Costa Vida may freely assign or transfer these Terms, in whole or in part, including in connection with a merger, acquisition, asset sale, corporate reorganization, or operation of law, without restriction and without notice to you.

22. Headings

Section headings used in these Terms are for convenience of reference only and shall not affect the interpretation or construction of these Terms. These Terms shall not be construed against either party on the basis of which party drafted them.

23. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our services, or any aspect of your experience with Costa Vida, please do not hesitate to contact us using the following information:

We will make every reasonable effort to respond to your inquiry in a timely manner. For formal legal notices, please send your correspondence in writing to our email address noted above with the subject line "Legal Notice – Terms of Service."