Terms of Service

Please read these Terms of Service carefully before using the website located at cost-vida.click (the "Website") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease use of our Website and services.

1. Acceptance of Terms

By accessing or using the Website at cost-vida.click, you confirm that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding agreement, and agree to comply with and be bound by these Terms. If you are accessing or using our Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to such entity.

These Terms constitute a legally binding agreement between you and Costa Vida. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. We reserve the right to modify these Terms at any time, and it is your responsibility to review them periodically.

By using our services, you also acknowledge that you have read, understood, and agree to be bound by our Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms.

2. Description of Services

Costa Vida is a food service business operating within the United States. Through our Website at cost-vida.click, we provide customers with the ability to:

• Browse our menu offerings, including fresh food items, beverages, and specialty dishes;
• Place online orders for pickup or delivery, where available;
• Access nutritional and allergen information related to our food products;
• Locate Costa Vida restaurant locations and operating hours;
• Participate in loyalty programs, promotions, and special offers;
• Create and manage customer accounts;
• Provide feedback, reviews, and customer service inquiries;
• Access catering services and group ordering options; and
• Subscribe to promotional communications and newsletters.

Costa Vida reserves the right, at its sole discretion, to modify, suspend, or discontinue any aspect of our services, including but not limited to menu items, pricing, availability, and features of the Website, at any time without prior notice. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation of services.

Availability of certain services, including online ordering, delivery, and specific menu items, may vary by location. Not all services described on the Website may be available in all areas. Costa Vida makes no guarantee that any particular service will be available at any specific time or location.

3. User Accounts and Registration

Certain features and services offered through our Website may require you to create a user account. When creating an account, 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 and confidentiality of your account login credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security; and
• Ensure that you log out of your account at the end of each session when accessing the Website from a shared or public device.

Costa Vida reserves the right to suspend, terminate, or refuse service to any account at its sole discretion, including accounts that violate these Terms or that contain inaccurate, fraudulent, or misleading information. You may not create more than one account per individual without prior written consent from Costa Vida.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and our services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You expressly agree that you will not:

4.1 Unlawful and Harmful Conduct

• Use the Website for any fraudulent, deceptive, or illegal purpose, including but not limited to violating any applicable federal, state, or local laws;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Collect or harvest personally identifiable information of other users without their express written consent;
• Use the Website to transmit unsolicited commercial communications ("spam") in violation of the CAN-SPAM Act or applicable state anti-spam laws.

4.2 Technical Violations

• Attempt to gain unauthorized access to any portion or feature of the Website, or to any other systems or networks connected to the Website;
• Use any robot, spider, scraper, data mining tool, data gathering tool, or any other automated means to access the Website for any purpose without our prior written permission;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used in connection with the Website;
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism, including pixels, web bugs, cookies, or similar items;
• Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of our Website or systems.

4.3 Content Violations

• Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Post any content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Submit false or misleading reviews, ratings, or feedback about Costa Vida's products or services;
• Engage in any conduct that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website.

Violation of any of the above prohibitions may result in immediate termination of your access to the Website and our services, and may expose you to civil and/or criminal liability under applicable United States law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer crime statutes.

5. Payment Terms and Online Ordering

When you place an order through our Website, you agree to provide accurate and complete payment information. All transactions are processed in United States Dollars (USD). By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you supply is accurate and complete;
• Charges incurred by you will be honored by your financial institution; and
• You will pay the amounts due, including any applicable taxes and fees.

5.1 Pricing

All prices displayed on the Website are in United States Dollars and are subject to change without notice. Prices may vary by location. Costa Vida reserves the right to correct any pricing errors and to cancel orders placed at an incorrect price, even after the order has been confirmed.

5.2 Taxes

You are responsible for paying all applicable federal, state, and local sales taxes, use taxes, and other governmental charges associated with your purchase. Applicable taxes will be calculated and added to your order total at the time of checkout.

5.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be offered at the sole discretion of Costa Vida in cases where there is a demonstrable error in your order, a food safety concern, or significant quality issue. To request a refund or report an issue with your order, please contact us at [email protected] within twenty-four (24) hours of your order. Costa Vida reserves the right to determine, in its sole and absolute discretion, whether a refund or replacement is warranted.

5.4 Third-Party Payment Processors

Online payments may be processed by third-party payment processors. By submitting your payment information, you also agree to the terms and privacy policies of such third-party processors. Costa Vida is not responsible for any errors, delays, or unauthorized access caused by such third-party processors.

6. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, menu designs, recipes, and the compilation of all such content (collectively, "Content") — 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 or proprietary rights laws.

6.1 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 Website and its Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, publicly perform, publicly display, or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering and extraction tools on the Website;
• Download or copy any account information for the benefit of another merchant; or
• Use the Content for any commercial purpose or for any public display without our prior written consent.

6.2 Trademarks

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

6.3 User-Submitted Content

If you submit reviews, comments, feedback, photographs, or other content to the Website ("User Content"), you grant Costa Vida a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or control all rights in and to the User Content, and that the User Content does not violate these Terms or any applicable law.

7. Food Allergen and Nutritional Information

Costa Vida strives to provide accurate nutritional and allergen information on our Website. However, you acknowledge and agree that:

• Menu items and their ingredients may change from time to time;
• Nutritional values are estimates and may vary based on preparation methods, portion sizes, and ingredient substitutions;
• Our food products are prepared in facilities that handle common allergens, including but not limited to nuts, dairy, gluten, soy, eggs, and shellfish;
• Cross-contamination is possible, and Costa Vida cannot guarantee that any menu item is free from any particular allergen; and
• If you have a food allergy or dietary restriction, you should consult with a Costa Vida team member before ordering and exercise caution when consuming our products.

Costa Vida disclaims all liability for any adverse reactions, injuries, or damages arising from the consumption of our food products, including those resulting from undisclosed or unknown allergen exposure. It is your sole responsibility to evaluate the suitability of our products for your dietary needs.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED; AND
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

Costa Vida does not warrant or make any representations regarding the use or the results of the use of the materials on the Website in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the exclusion of implied warranties; therefore, some of the above exclusions may not apply to you. In such jurisdictions, Costa Vida's warranties are limited to the greatest extent permitted by applicable law.

9. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE WEBSITE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY ANY THIRD PARTY; OR
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.

IN NO EVENT SHALL COSTA VIDA'S TOTAL AGGREGATE 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 IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Costa Vida and you. Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

10. Indemnification

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

• Your violation of these Terms;
• Your use of the Website or services in a manner not authorized by these Terms;
• Your User Content or any content you submit, post, or transmit through the Website;
• Your violation of any applicable federal, state, or local laws or regulations;
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or proprietary rights; or
• Any claim that your User Content caused damage to a 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 will cooperate with Costa Vida in asserting any available defenses. You agree not to settle any such matter without the prior written consent of Costa Vida.

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 for your convenience only. 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 do not warrant the offerings of any of these entities or individuals or their websites.

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 such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms of service and privacy policy of each third-party website or service that you visit.

12. Governing Law and Jurisdiction

These Terms 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 applicable state laws, without regard to any choice of law or conflict of law provisions.

To the extent that any dispute is not subject to binding arbitration as described in Section 13 below, you agree to submit to the personal and exclusive jurisdiction of the federal or state 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's services are controlled and operated from within the United States. We make no representation that the Website or its contents are appropriate or available for use in other locations. Persons who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to attempt to resolve any dispute informally by contacting Costa Vida at [email protected]. Costa Vida will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within thirty (30) days of submission, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL BE RESOLVED THROUGH BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org.

The arbitration shall be conducted in English and shall take place in the United States. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration provision.

13.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH 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 PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of the arbitration section shall be null and void.

13.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information. In addition, either party may bring individual claims in small claims court if such claims qualify.

14. Term and Termination

These Terms shall remain in full force and effect while you use the Website or any of our services. Costa Vida reserves the right, in its sole discretion, to:

• Terminate or suspend your access to all or part of the Website, with or without notice, for any conduct that we believe violates these Terms, any applicable law, or is harmful to the interests of other users, third parties, or Costa Vida;
• Delete your account and any associated information or content, subject to applicable data retention laws; and
• Pursue any other remedy available at law or in equity.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Termination of your access to or use of the Website shall not relieve you of any obligations arising or accruing prior to such termination.

15. Changes to Terms

Costa Vida reserves the right, at its sole discretion, to modify, update, or replace any part of these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on the Website at cost-vida.click with a new "Last Updated" date;
• Sending an email notification to the address associated with your account, where applicable; or
• Displaying a prominent notice on the Website homepage.

Your continued use of the Website or services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the new Terms, you must stop using the Website and services immediately. We encourage you to review these Terms periodically to stay informed of any updates.

16. Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be deemed severed from these Terms. The validity, legality, and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby, and such provisions shall continue in full force and effect.

The parties intend that the remaining provisions be enforced to the fullest extent permitted by applicable law. The failure of Costa Vida to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement and Waiver

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

No waiver by Costa Vida of any term or condition set out 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.

18. Consumer Protection Rights

Nothing in these Terms is intended to limit any rights you may have under applicable federal or state consumer protection laws, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and applicable state consumer protection statutes. For California residents, these Terms are subject to the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). For more information about your California privacy rights, please review our Privacy Policy.

Residents of other states may have additional rights under applicable state law. Costa Vida does not intend to deprive any consumer of rights granted by applicable law, and nothing in these Terms should be construed to do so.

19. 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 any cause beyond Costa Vida's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions, labor disputes, supply chain disruptions, power outages, telecommunications failures, or other events beyond our reasonable control ("Force Majeure Event"). In such circumstances, Costa Vida's performance obligations shall be suspended for the duration of the Force Majeure Event.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you need to contact Costa Vida for any reason related to the Website or our services, please reach out to us using the following contact information:

We strive to respond to all inquiries within five (5) business days. For urgent food safety concerns, please contact the appropriate local health authority in addition to reaching out to us directly.