Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costvida.digital (the "Website") or any related services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, creating an account, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the costvida.digital website or any affiliated digital platforms, mobile applications, or services operated by Costa Vida, you enter into a legally binding agreement with Costa Vida under these Terms of Service. This Agreement is governed by the laws of the United States and applicable state laws.

These Terms apply to all visitors, users, customers, and others who access or use the Service. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you are using the Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

You must be at least thirteen (13) years of age to use this Website. If you are under the age of eighteen (18), you must have the consent of a parent or legal guardian. By using this Website, you represent and warrant that you meet the applicable age requirements and have the legal capacity to enter into this Agreement.

2. Description of Services

Costa Vida is a food service company operating through its digital platform at costvida.digital. Our Website and associated services may include, but are not limited to, the following:

• Online Food Ordering: Customers may browse our menu offerings, customize food items, and place orders for pickup, delivery, or dine-in service at participating locations.
• Menu Information: The Website provides detailed descriptions of menu items, including ingredients, allergen information, pricing, and nutritional data where available.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional offers, or rewards to registered users and repeat customers.
• Account Management: Users may create and maintain personal accounts to manage order history, saved preferences, payment methods, and contact information.
• Catering Services: Information and ordering capabilities for catering orders for events, corporate gatherings, and group meals.
• Location Finder: Tools to help customers locate the nearest Costa Vida restaurant locations, hours of operation, and contact information.
• Customer Support: Access to customer service resources, FAQs, and direct contact options for inquiries, complaints, or feedback.
• Promotional Communications: With your consent, we may send you marketing communications, special offers, and updates about Costa Vida products and services.

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. Costa Vida does not guarantee that any particular service or feature will be available at all times or in all geographic locations.

Food items described on our Website are subject to availability. Menu items, pricing, ingredients, and allergen information may vary by location and are subject to change without notice. Customers with food allergies or dietary restrictions are encouraged to contact their nearest Costa Vida location directly before placing an order.

3. User Obligations and Prohibited Activities

3.1 User Obligations

By using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other security breach.
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable local, state, and federal laws and regulations in connection with your use of our services.
• Ensure that all information submitted through the Website is truthful and does not infringe upon the rights of any third party.
• Take responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraudulent Activity: Using the Website to commit fraud, including submitting false orders, using stolen payment credentials, or engaging in any deceptive practices.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, servers, databases, or computer systems associated with Costa Vida.
• Interference: Disrupting, interfering with, or damaging the Website's integrity or performance, including through the use of viruses, malware, denial-of-service attacks, or similar means.
• Scraping or Data Mining: Using automated tools, bots, scripts, or similar technology to scrape, extract, or collect data from the Website without our express written permission.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works from any content on the Website without authorization.
• Harassment: Harassing, threatening, or abusing any Costa Vida employee, agent, contractor, or other user of the Website.
• Impersonation: Impersonating Costa Vida, a Costa Vida employee, another user, or any other person or entity.
• Spam: Sending unsolicited commercial communications or spam through the Website or using our services to facilitate such activity.
• Illegal Use: Using the Website for any illegal or unauthorized purpose, including violating any applicable laws, regulations, or third-party rights.
• False Reviews: Submitting false, misleading, or fraudulent reviews, ratings, or testimonials about Costa Vida or its products.
• Account Sharing: Sharing your account credentials with third parties or creating multiple accounts for the purpose of circumventing restrictions or abusing promotions.

Costa Vida reserves the right to investigate any suspected violations of these Terms and to take appropriate legal action, including reporting to law enforcement authorities, terminating accounts, and seeking civil remedies.

4. Intellectual Property Rights

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

The Costa Vida name, logo, and all related marks, trade names, and slogans are trademarks or registered trademarks of Costa Vida. You may not use any Costa Vida trademarks, service marks, or trade dress without our prior written consent. Unauthorized use of our trademarks may constitute trademark infringement and unfair competition under applicable federal and state laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website 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;
• The right to use any data mining, robots, or similar data gathering or extraction tools;
• The right to download or copy account information for the benefit of any third party;
• Any commercial use of the Website or its Content.

Any unauthorized use of the Content or Website terminates the limited license granted by Costa Vida. If you believe that any content on our Website infringes your copyright or other intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement.

5. Account Registration and Security

To access certain features of our Website, including online ordering and loyalty programs, you may be required to create a user account. When registering, you agree to provide accurate and complete information and to update such information to keep it accurate and current.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Costa Vida will not be liable for any loss or damage arising from your failure to comply with this security obligation. You must immediately notify us at [email protected] if you suspect any unauthorized use of your account or any other breach of security.

Costa Vida reserves the right to terminate or suspend accounts at our sole discretion, including for violations of these Terms, fraudulent activity, or extended periods of inactivity, without prior notice or liability.

6. Payment Terms

6.1 Pricing and Fees

All prices listed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices may vary by location. Applicable taxes, delivery fees, service charges, and any other applicable fees will be calculated and displayed at checkout before you complete your purchase.

6.2 Payment Methods

We accept various payment methods, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and other payment options as specified at checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that such information is accurate.

6.3 Order Confirmation

Once you place an order, you will receive an email confirmation acknowledging receipt of your order. This confirmation does not constitute acceptance of your order. Costa Vida reserves the right to cancel or refuse any order at any time for any reason, including unavailability of items, errors in pricing or product information, or suspected fraudulent activity.

6.4 Refunds and Cancellations

Our refund and cancellation policy varies depending on the type of order and the circumstances. Food orders, once prepared or in the process of being prepared, may not be eligible for cancellation or refund. If you experience issues with your order, please contact us at [email protected] or reach out to the specific restaurant location directly. We will review each request on a case-by-case basis in accordance with applicable consumer protection laws.

6.5 Promotional Offers and Discounts

Promotional offers, discount codes, and coupons are subject to their own specific terms and conditions. They are non-transferable, have no cash value, and may not be combined with other offers unless explicitly stated. Costa Vida reserves the right to modify, suspend, or terminate any promotional offer at any time without notice.

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES PROVIDED BY COSTA VIDA 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.

7.2 No Warranty of Accuracy

Costa Vida does not warrant that the information on the Website is accurate, complete, reliable, current, or error-free. Menu items, prices, ingredients, allergen information, nutritional data, and location details are subject to change without notice. Costa Vida makes no representations about the suitability of the information contained on the Website for any purpose.

7.3 No Warranty of Availability

Costa Vida does not warrant that the Website will be uninterrupted, timely, secure, or free of errors, viruses, or other harmful components. We do not warrant that defects will be corrected or that the Website or servers making it available are free of viruses or other harmful components.

7.4 Food and Allergen Disclaimer

While we make efforts to provide accurate allergen and ingredient information, Costa Vida cannot guarantee that any food item is free from allergens due to the potential for cross-contamination during preparation. Customers with severe food allergies are strongly advised to contact the specific restaurant location before placing an order. Costa Vida shall not be held liable for any adverse reactions resulting from allergen exposure.

8. 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, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) the Website or services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any errors, mistakes, or inaccuracies of content;
• Personal injury or property damage related to your use of the Website or food products;
• Any interruption or cessation of transmission to or from the Website.

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 WEBSITE EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, Costa Vida's liability shall be limited to the greatest extent permitted by applicable law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, licensors, suppliers, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to:

• Your use of or access to the Website or services;
• Your violation of these Terms of Service;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection law;
• Any content you submit, post, transmit, or otherwise make available through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute or issue between you and any third party.

Costa Vida reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Costa Vida's defense of such claim. You agree not to settle any matter subject to indemnification without the prior written consent of Costa Vida.

10. Privacy Policy

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

To the extent applicable, our data practices comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, and with the Federal Trade Commission Act (FTC Act) for general consumer protection. Please review our Privacy Policy carefully.

11. Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. These 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, or practices of any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit. Costa Vida does not endorse any third-party website or service and shall not be liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the United States of America and applicable state laws, without giving effect to any choice or conflict of law provision or rule.

To the extent any dispute is not subject to binding arbitration as described below, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Costa Vida operates in compliance with applicable federal regulations, including those enforced by the Federal Trade Commission (FTC) under the FTC Act, which prohibits unfair or deceptive acts or practices in commerce. For California residents, Costa Vida also complies with California consumer protection laws, including the CCPA/CPRA and the California Unfair Competition Law (UCL), Business and Professions Code Section 17200 et seq.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Costa Vida at [email protected] and provide a written description of the dispute, your proposed resolution, and your contact information. Costa Vida will attempt to resolve the dispute informally within thirty (30) calendar days of receipt of your notice. If the dispute cannot be resolved informally within this period, either party may proceed to binding arbitration as set forth below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN THROUGH COURTS OR JURY TRIALS.

Except as provided below, any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or Costa Vida's products and services shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction could award, except that the arbitrator shall not have authority to award punitive damages beyond those permitted by applicable law, and shall not have authority to conduct class arbitration or consolidate any individual's claims with those of any other person or entity.

13.3 Class Action Waiver

YOU AND COSTA VIDA EACH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR COSTA VIDA WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights. Small claims court actions are also exempt from mandatory arbitration where the dispute qualifies under the applicable small claims court rules.

14. Term and Termination

14.1 Duration

These Terms of Service are effective upon your first access to or use of the Website and shall remain in full force and effect while you continue to use the Website or maintain an account with Costa Vida, unless earlier terminated in accordance with these Terms.

14.2 Termination by You

You may terminate your account and discontinue use of our services at any time by contacting us at [email protected] and requesting account deletion. Upon termination, you must immediately cease all use of the Website and services.

14.3 Termination by Costa Vida

Costa Vida reserves the right, at its sole discretion, to suspend or terminate your access to the Website and services, and to delete your account, at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Failure to pay for orders or services;
• Request by law enforcement or government authorities;
• Cessation or material modification of our services;
• Unexpected technical or security issues.

14.4 Effect of Termination

Upon termination of your account or access to the Website, all rights and licenses granted to you under these Terms shall immediately terminate. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property Rights), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 12 (Governing Law), 13 (Dispute Resolution), and 15 (Severability).

15. Changes to These Terms

Costa Vida reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. We will notify you of any material changes by updating the "Last Updated" date at the top of this page and, where feasible, by providing additional notice such as an email notification or a prominent notice on the Website.

Your continued use of the Website or services following the posting of revised Terms constitutes your acceptance of the changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any revised Terms, you must stop using the Website immediately.

We encourage you to review these Terms each time you use our Website to ensure you understand the terms applicable to your use at that time.

16. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or an arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, 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 or impaired by the invalidity or unenforceability of any such provision.

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall not be deemed a further or continuing waiver of such provision or any other provision. No waiver by Costa Vida of any term or condition set forth in these Terms shall be deemed a waiver of any subsequent breach of the same or any other term or condition.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Costa Vida on the Website, constitute the entire agreement between you and Costa Vida with respect to your use of the Website and services, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

These Terms do not confer any third-party beneficiary rights and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Costa Vida.

18. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, war, terrorism, government actions, labor disputes, power outages, internet disruptions, or supply chain interruptions. In such events, Costa Vida will use commercially reasonable efforts to resume performance as soon as practicable.

19. Electronic Communications

By using our Website or services, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, receipts, operational information about the Website, and promotional messages (where you have opted in to receive such messages). 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.

If you no longer wish to receive promotional communications from Costa Vida, you may opt out at any time by following the unsubscribe instructions included in such communications or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect your receipt of transactional communications such as order confirmations and account notifications.

20. Accessibility

Costa Vida is committed to making our Website accessible to all users, including those with disabilities, in compliance with applicable laws and guidelines, including the Americans with Disabilities Act (ADA). If you experience difficulty accessing any part of our Website or services, please contact us at [email protected] so we can assist you and work to improve accessibility.

21. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your use of the Website, or any of Costa Vida's products or services, please contact us using the information below:

We will make every effort to respond to your inquiries within a reasonable time. For urgent food safety concerns or immediate assistance with an active order, please contact the specific Costa Vida restaurant location directly.