Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at vidacostas.digital (the "Site") or any services, products, or features offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site or 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 with any part of these Terms, you must immediately discontinue your use of the Site and our services.

1. Acceptance of Terms

By visiting, browsing, or otherwise using vidacostas.digital, placing an order, creating an account, or interacting with any feature of the Site, you expressly agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Costa Vida.

If you are accessing the Site on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and in that case, "you" and "your" will refer to that entity. If you do not have such authority, or if you do not agree with these Terms, you must not access or use the Site.

You must be at least thirteen (13) years of age to use this Site. Users who are minors (under the age of 18 in most U.S. states) may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site, you represent and warrant that you meet the applicable age requirement.

We reserve the right to modify these Terms at any time. Your continued use of the Site after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

2. Description of Services

Costa Vida is a food-related business that operates the website vidacostas.digital to provide users with access to a range of food-related services and products. Our services may include, but are not limited to, the following:

• Online ordering of food and beverage items for pickup or delivery;
• Browsing of menus, nutritional information, and ingredients;
• Creation and management of customer accounts;
• Access to loyalty programs, promotions, discounts, and special offers;
• Gift card purchases and redemption;
• Catering and bulk order requests;
• Customer support and feedback submissions;
• Access to informational content, blog posts, recipes, and food-related resources;
• Subscription-based services or newsletters, where applicable.

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice, and without liability to you. The availability of certain menu items, promotions, or features may vary by location, season, or other factors beyond our control. We do not guarantee the continuous, uninterrupted availability of any service or feature.

All food and beverage items offered through the Site are subject to availability. Prices, menu items, and service offerings may change without prior notice. We are not responsible for any errors in menu descriptions, pricing, or product images displayed on the Site.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information during registration and throughout your use of the Site;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorized use of your account or any other security breach at [email protected];
• Use the Site and services only for lawful purposes and in compliance with all applicable federal, state, and local laws;
• Comply with all applicable United States laws, including but not limited to consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45);
• Respect the intellectual property rights of Costa Vida and third parties;
• Act in good faith in all transactions conducted through the Site.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities while using the Site or services:

• Using the Site for any fraudulent, deceptive, misleading, or unlawful purpose;
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
• Using automated tools, bots, scrapers, crawlers, or similar technologies to access or extract data from the Site without our prior written consent;
• Uploading, transmitting, or distributing any viruses, malware, or other harmful code;
• Interfering with or disrupting the integrity or performance of the Site or its servers;
• Engaging in any activity that imposes an unreasonable or disproportionate load on our infrastructure;
• Reproducing, duplicating, copying, selling, reselling, or otherwise exploiting any portion of the Site or services without our express written authorization;
• Submitting false, inaccurate, or misleading orders, reviews, feedback, or any other content;
• Harassing, threatening, intimidating, or otherwise harming any other user, employee, or representative of Costa Vida;
• Posting or transmitting any content that is defamatory, obscene, indecent, abusive, offensive, discriminatory, or otherwise objectionable;
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Using the Site to collect personal information about other users without their consent;
• Attempting to circumvent any security measures, access controls, or technological protections implemented on the Site;
• Violating any applicable local, state, federal, or international law or regulation in connection with your use of the Site.

Any violation of these prohibited activities may result in the immediate suspension or termination of your account and access to the Site, and may subject you to civil or criminal liability under applicable law.

4. Account Registration and Security

Certain features of the Site may require you to register for an account. When you create an account, you agree to provide truthful, accurate, current, and complete information, and to keep this information updated at all times. You are solely responsible for all activities that occur under your account.

You must choose a strong password and keep your login credentials confidential. You agree not to share your username or password with any third party. Costa Vida will not be liable for any loss or damage resulting from your failure to maintain the confidentiality of your account credentials.

We reserve the right to refuse registration, cancel accounts, remove or edit content, or cancel orders at our sole discretion, at any time and for any reason, including but not limited to suspected violations of these Terms.

5. Ordering, Payment, and Pricing

5.1 Online Orders

When you place an order through the Site, you are making an offer to purchase the selected food and beverage items, subject to acceptance by Costa Vida. We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity.

All orders are subject to availability. We will notify you as promptly as possible if any ordered item is unavailable, and we may offer a substitution or a refund at our discretion.

5.2 Pricing and Taxes

All prices listed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order confirmation are the prices you will be charged, subject to any applicable taxes, delivery fees, or service charges.

You are responsible for all applicable federal, state, and local sales taxes, use taxes, and any other taxes or fees associated with your purchase. Costa Vida will collect and remit applicable sales taxes as required by law.

5.3 Payment Methods

We accept payment through the methods indicated on the Site at the time of purchase, which may include major credit cards, debit cards, digital wallets, and gift cards. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

All payment information is processed through secure, third-party payment processors. Costa Vida does not store your full payment card information on its servers. By submitting your payment information, you authorize us to charge the applicable amount to your designated payment method.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of your order and timing of the request. Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, please contact us promptly at [email protected] and we will work to resolve the matter in good faith, in accordance with applicable consumer protection laws.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Site and all of its contents, features, and functionality — including but not limited to all text, graphics, logos, photographs, images, icons, videos, audio clips, data compilations, software, and the overall design and appearance of the Site — 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, trade secret, and other proprietary rights laws.

The Costa Vida name, logo, trade dress, and all related marks, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates. You may not use any of our trademarks 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.

6.2 Limited License to Users

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

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, or otherwise exploit any content on the Site;
• Remove or alter any copyright, trademark, or other proprietary notices;
• Use the Site for any commercial purpose or for any public display (commercial or non-commercial) without our express written consent;
• Frame or link to any portion of the Site without our prior written permission.

6.3 User-Generated Content

If you submit, post, or otherwise make available any content through the Site (including but not limited to reviews, comments, photos, or feedback), you grant Costa Vida a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, for any purpose, without compensation to you. You represent and warrant that you own or otherwise control all rights to such content, and that the content does not violate these Terms or any applicable law.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND PRODUCTS 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 EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE;
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENTNESS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE.

COSTA VIDA DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

Food Allergy and Dietary Disclaimer: While we make reasonable efforts to provide accurate nutritional and ingredient information, we cannot guarantee that our food products are completely free from allergens. If you have a food allergy, intolerance, or dietary restriction, you should contact us directly before placing an order. Costa Vida is not liable for any adverse reactions resulting from allergen exposure.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR BUSINESS;
• LOSS OF DATA OR INFORMATION;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• LOSS OF GOODWILL;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• ANY OTHER INTANGIBLE LOSSES,

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, suppliers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your access to or use of the Site or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation;
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or consumer protection rights;
• Any content you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute between you and any other user of the Site.

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 such case, you agree to cooperate with our defense of such claim. You agree not to settle any such matter without our prior written consent.

10. Third-Party Links and Services

The Site may contain links to third-party websites, services, or content that are not owned or controlled by Costa Vida. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. The inclusion of any link does not imply our endorsement, recommendation, or approval of the linked site or any association with its operators.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites you visit. 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 content, goods, or services available through any third-party website or service.

Our Site may also use third-party services for payment processing, analytics, delivery, and other operational functions. Your use of these third-party services is subject to the respective terms and privacy policies of those third parties.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference and available on the Site. By using the Site, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that applicable law — including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) — grants you specific rights regarding your personal data, those rights are described in our Privacy Policy. If you are a California resident, you may have additional rights, 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 your personal information.

We comply with applicable data protection and privacy laws, including those enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce, including deceptive privacy practices.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the services offered by Costa Vida 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 is registered and conducts its primary business operations, without regard to any conflict of law provisions that would cause the laws of another jurisdiction to apply.

Subject to the dispute resolution provisions set forth in Section 13 below, you agree to submit to the personal and exclusive jurisdiction of the courts located within the applicable jurisdiction in the United States for the resolution of any disputes not subject to arbitration. You hereby waive any objection to the laying of venue in such courts and any claim that such courts are an inconvenient forum.

Costa Vida makes no representation that the Site or its content is appropriate for use or available in locations outside of the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Nothing in these Terms shall limit Costa Vida's right to seek injunctive or other equitable relief in any court of competent jurisdiction, without the necessity of posting any bond or other security.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Site (collectively, "Disputes") informally by contacting us at [email protected]. We will use good faith efforts to resolve the Dispute informally within thirty (30) days of receiving your written notice.

13.2 Binding Arbitration

If a Dispute cannot be resolved informally, you and Costa Vida agree that any such Dispute shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall take place in the state where Costa Vida maintains its principal place of business, or at another mutually agreed location, or via telephonic or video conference. The arbitrator shall have the authority to award any remedy that would be available in a court of law, but may not award relief in excess of what these Terms permit.

13.3 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 OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, 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.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Additionally, claims that are within the jurisdictional limits of a small claims court may be brought in such court in lieu of arbitration.

13.5 Opt-Out Right

You have the right to opt out of the binding arbitration and class action waiver provisions by sending written notice to Costa Vida at [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or maintain an account with Costa Vida. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Site or your account at any time, with or without cause, and with or without notice;
• Refuse service to any person for any reason not prohibited by applicable law;
• Modify, suspend, or discontinue the Site or any service, feature, or content at any time;
• Impose limits on certain features or restrict your access to parts or all of the Site without notice or liability.

Upon termination of your account or access to the Site for any reason:

• Your license to use the Site and services will immediately terminate;
• Any outstanding orders may be cancelled or fulfilled at our discretion;
• We may delete your account data, though we reserve the right to retain certain information as required by law or for legitimate business purposes;
• All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, Sections 6 (Intellectual Property Rights), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to These Terms

We reserve the right to revise and update these Terms of Service at any time and at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where required by law or where we deem it appropriate, notify you of material changes via email (if you have provided your email address) or by posting a prominent notice on the Site.

Changes to these Terms will become effective immediately upon posting to the Site, unless we specify otherwise. Your continued access to or use of the Site following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. We encourage you to review these Terms regularly to stay informed of any updates.

If we make changes that materially affect your rights, we will make reasonable efforts to notify you in advance. However, it is ultimately your responsibility to review these Terms periodically.

16. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason under applicable law, including but not limited to the enforceability limitations of applicable United States federal or state law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be deemed severed from these Terms. The invalidity or unenforceability of any particular provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that a court should endeavor to give effect to the parties' intentions as reflected in the provision found invalid or unenforceable, and the remaining provisions of these Terms shall be interpreted in a manner that achieves the intent of the parties to the greatest extent possible.

17. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Costa Vida 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 understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

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, and any failure of Costa Vida to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

18. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms arising out of or related to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, government orders or regulations, labor disputes or strikes, supply chain disruptions, power or telecommunications failures, cyberattacks, war, terrorism, or civil unrest. In the event of a force majeure, we will make reasonable efforts to notify you and to resume services as soon as practicable.

19. Electronic Communications

By using the Site or communicating with us via email, you consent to receive communications from Costa Vida electronically. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

If you have signed up for marketing communications, you may opt out at any time by following the unsubscribe instructions in our emails or by contacting us at [email protected]. Opting out of marketing communications will not affect transactional communications related to your account or orders.

20. Contact Information

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

We are committed to responding to all inquiries in a timely and professional manner. For legal notices, please send correspondence to our email address listed above and include "Legal Notice" in the subject line.