Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at vidacostas.rest (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site or services, you agree to be 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 vidacostas.rest website or any related services, applications, or platforms operated by Costa Vida, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. This Agreement constitutes a legally binding contract between you ("User," "Customer," or "you") and Costa Vida.

If you are accessing or using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, "you" or "your" shall refer to both you individually and the entity you represent. If you do not have such authority, you must not accept these Terms or use our services on behalf of the entity.

You must be at least 13 years of age to use our Site. If you are under 18 years of age, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to request proof of age at any time and to terminate accounts or restrict access if we believe a user is underage without proper parental consent.

Costa Vida reserves the right, at its sole discretion, to modify or update these Terms at any time. Your continued use of the Site or services following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically to stay informed of any updates.

2. Description of Services

Costa Vida is a food service business operating within the United States. Through our website at vidacostas.rest, we offer a range of services designed to enhance your dining and ordering experience, including but not limited to:

• Online Menu Browsing: Users may view our current menu offerings, including food items, descriptions, nutritional information, allergen details, and pricing.
• Online Ordering: Where available, users may place orders for pickup or delivery through our Site or third-party integrated platforms.
• Reservations and Catering Inquiries: Users may submit requests for table reservations, private events, or catering services through the Site.
• Promotions and Loyalty Programs: We may offer promotional deals, discount codes, loyalty rewards, and special offers through our digital platforms.
• Customer Support: Users may contact our team for inquiries, feedback, complaints, or assistance related to their orders or experience.
• Informational Content: We provide general information about our locations, hours of operation, contact details, and company background.

Costa Vida reserves the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. We may also impose limits on certain features or restrict access to parts or all of the Site without notice or liability.

Our services are intended for personal, non-commercial use only unless otherwise agreed upon in writing by Costa Vida. Commercial use of any portion of our Site or services without our express written consent is strictly prohibited.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of using our Site and services, you agree to use them only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Site. You are solely responsible for ensuring that your use of the Site complies with all applicable laws, regulations, and these Terms.

If you create an account with Costa Vida, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security of your password and accept all risks of unauthorized access to your account;
• Immediately notify us if you discover or suspect any unauthorized use of your account or any other breach of security.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities when using our Site or services:

• Using the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Using any robot, spider, crawler, scraper, or other automated means to access the Site for any purpose without our express written permission;
• Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site;
• Submitting false, misleading, or fraudulent information, orders, or communications through our Site;
• Engaging in any form of fraud, including but not limited to submitting false chargebacks or payment disputes;
• Posting or transmitting any content that is defamatory, obscene, offensive, harassing, threatening, or otherwise objectionable;
• Violating any applicable local, state, federal, or international laws or regulations;
• Collecting or harvesting personal information of other users without their consent;
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity;
• Using our Site or services to transmit unsolicited commercial communications (spam);
• Uploading or transmitting any viruses, malware, or other malicious code;
• Attempting to reverse engineer, decompile, or disassemble any software or systems used by the Site;
• Using our Site or services for any purpose that is unlawful or prohibited by these Terms;
• Reselling or attempting to resell any services or products obtained through our Site without our express written consent.

We reserve the right to investigate violations of these Terms and take any legally available action in response, including terminating your access to our services, reporting violations to law enforcement authorities, or pursuing civil legal action.

4. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to all text, graphics, photographs, logos, images, icons, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms grant 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 purposes in connection with our services. This license does not include the right to:

• Modify or copy any of the materials on the Site;
• Use the materials for any commercial purpose or for any public display;
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission;
• Remove any copyright, trademark, or other proprietary notations from the materials;
• Transfer the materials to another person or "mirror" the materials on any other server.

All trademarks, service marks, logos, and trade names displayed on the Site are proprietary to Costa Vida or their respective owners. Nothing in these Terms should be construed as granting any license or right to use any trademark or service mark displayed on the Site without our prior written permission or the permission of the respective third-party owner.

If you believe that any content on our Site infringes your copyright or other intellectual property rights, please contact us immediately at [email protected] with a detailed description of the alleged infringement. We will review your claim and take appropriate action in accordance with applicable United States intellectual property laws, including the Digital Millennium Copyright Act (DMCA).

5. Payment Terms

Where Costa Vida offers online ordering, catering services, or any other fee-based services through the Site, the following payment terms apply:

5.1 Pricing and Payment

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. We reserve the right to correct any pricing errors that may appear on the Site. You agree to pay all applicable charges, including taxes, fees, and delivery charges, associated with your order at the time of purchase.

Accepted payment methods will be displayed at the time of checkout and may include major credit cards, debit cards, and other electronic payment methods. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Costa Vida to charge your payment method for the total amount of your order.

5.2 Order Confirmation and Cancellations

Your order is not confirmed until you receive an order confirmation from Costa Vida. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or product descriptions, or suspected fraud. If we cancel an order after payment has been processed, we will issue a full refund using the original payment method.

Cancellation policies may vary depending on the type of order or service. Please review the specific cancellation terms provided at the time of your order. For catering and large group orders, specific cancellation deadlines and non-refundable deposit policies may apply.

5.3 Taxes

You are responsible for all applicable federal, state, and local taxes associated with your purchases. Costa Vida will collect and remit sales tax as required by applicable law based on your location and the nature of the products or services purchased.

6. Disclaimers and As-Is Basis

THE SITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COSTA VIDA MAKES NO WARRANTY THAT:

• THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
• THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
• THE RESULTS OBTAINED FROM USING THE SITE WILL BE ACCURATE OR RELIABLE;
• THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS;
• ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED.

Nutritional and allergen information provided on our Site is intended as a general guide only. Actual nutritional content and allergen presence may vary based on individual preparation, supplier variations, and other factors. If you have severe food allergies or dietary restrictions, please contact us directly before placing an order. Costa Vida cannot guarantee that our products are free from any specific allergen.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by applicable law.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00 USD), OR (B) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COSTA VIDA AND YOU. 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, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees and court costs) arising from or related to:

• Your access to or use of the Site or services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or property right;
• Your violation of any applicable federal, state, local, or international law or regulation;
• Any content or information you submit, post, or transmit through our Site;
• Any fraudulent, negligent, or otherwise wrongful conduct by you in connection with the Site or services;
• Any disputes or issues between you and any third party, including other users of the Site.

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 case you agree to cooperate with our defense of such claim. You agree not to settle any matter without the prior written consent of Costa Vida. Costa Vida will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Costa Vida's primary place of business is located, without regard to conflict of law provisions. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Site or services shall be subject to the exclusive jurisdiction of the federal and state courts located within the applicable state of operation of Costa Vida.

You hereby irrevocably submit to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such action or proceeding in such courts. You also waive any objection that such courts are an inconvenient forum.

These Terms are subject to and comply with applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing consumer protection, unfair trade practices, and deceptive acts in commerce. Where applicable, certain state-specific consumer protection laws may also apply depending on your state of residence.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), which are addressed more fully in our Privacy Policy.

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 the dispute within thirty (30) days of receipt of your notice. If we are unable to resolve the dispute within that period, either party may proceed to the dispute resolution processes described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court, and except as otherwise specified herein, you and Costa Vida agree that any dispute, controversy, or claim arising out of or relating to these Terms, your use of the Site or services, or any products or services purchased through the Site shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be conducted by a recognized national arbitration organization under its applicable rules and procedures.

The arbitrator shall have the authority to award any remedy that would be available in a court of law. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You understand that, by agreeing to these Terms, you and Costa Vida are each waiving the right to a trial by jury or to participate in a class action lawsuit.

10.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Costa Vida agree otherwise, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

10.4 Small Claims Court

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

11. Term and Termination

These Terms of Service are effective from the moment you first access or use our Site and shall remain in full force and effect for as long as you continue to access or use the Site or services, unless earlier terminated in accordance with these Terms.

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to all or any portion of the Site or services at any time, with or without notice, for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that Costa Vida believes is harmful to other users, third parties, or the interests of Costa Vida;
• Requests by law enforcement or other government authorities;
• Extended periods of inactivity on your account;
• Technical or security issues;
• Discontinuation of the Site or services.

Upon termination, your right to access and use the Site and services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.

You may terminate your account or cease using the Site at any time. If you wish to close your account, please contact us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination.

12. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources 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 the content, privacy policies, or practices of any third-party sites or services and accepts no responsibility for them.

We do not endorse or make any representations about third-party websites or the products or services they offer. Any transactions you engage in with third parties found through or linked to from our Site are solely between you and the third party. We encourage you to review the terms and privacy policies of any third-party sites you visit.

Costa Vida shall not be liable for any loss or damage of any kind arising from your use of any third-party site or service linked to from our Site. If you decide to access any third-party websites linked to from our Site, you do so entirely at your own risk and subject to those websites' terms and conditions.

13. Privacy Policy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information. We encourage you to review our Privacy Policy carefully.

By using the Site or services, you consent to the collection and use of your information as described in our Privacy Policy. If you are a California resident, you may have additional rights under the CCPA and CPRA regarding the access, deletion, and sale of your personal information.

14. Electronic Communications

By using our Site or communicating with us electronically, you consent to receive communications from Costa Vida electronically. We may communicate with you by email, by posting notices on our Site, or through other electronic means. 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 consent to receive marketing communications from us, you may opt out at any time by following the unsubscribe instructions in any marketing email we send you or by contacting us directly at [email protected]. Even if you opt out of marketing communications, we may still send you transactional or administrative emails related to your account or orders.

15. Changes to Terms

Costa Vida reserves the right to modify, amend, update, or replace these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you through email or prominent notice on the Site.

Changes to these Terms will be effective immediately upon posting unless otherwise indicated. Your continued use of the Site or services after the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree with the revised Terms, you must stop using the Site and services immediately.

We encourage you to review these Terms periodically to stay informed about our terms and conditions of use. Material changes will be communicated with at least thirty (30) days' notice prior to the effective date of such changes, where practicable.

16. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by a court of competent jurisdiction or arbitrator, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

In such circumstances, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely reflects the intent of the original provision to the extent permissible under applicable law. The parties agree that the severing of any provision shall not invalidate the entire Agreement, and both parties remain bound by all other provisions herein.

17. Waiver

The failure of Costa Vida to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. 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 terms of this Agreement. Any waiver by Costa Vida must be in writing and signed by an authorized representative to be effective.

18. Entire Agreement

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 your use of the Site and services. These Terms supersede all prior agreements, representations, warranties, and understandings between you and Costa Vida with respect to the Site and services, whether written or oral.

No oral representation, statement, or warranty made by any employee, representative, or agent of Costa Vida shall be binding upon Costa Vida unless reduced to writing and signed by an authorized officer of Costa Vida. Headings used in these Terms are for reference purposes only and shall not affect the interpretation of these Terms.

19. Force Majeure

Costa Vida shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any aspect of our services when such failure or delay is caused by or results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power failures, telecommunications failures, cyberattacks, or other events of force majeure.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of our Site or services, please reach out to us using the following contact information:

We will make every effort to respond to your inquiries in a timely manner. For legal notices, including those related to intellectual property infringement claims under the DMCA, please clearly mark your communication as "Legal Notice" in the subject line and send it to the email address listed above.