Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at food-costavida.top (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site and 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 discontinue use of our Site immediately.

1. Acceptance of Terms

By visiting, browsing, placing an order through, or otherwise using food-costavida.top, you confirm that:

• You are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into a binding contract;
• You have read and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference;
• You are not prohibited by any applicable law from using our services.

If you are using the Site on behalf of an organization, business, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" shall refer to that entity.

These Terms constitute a legally binding agreement between you and Costa Vida. Your continued use of the Site following any modifications to these Terms shall constitute your acceptance of such modifications.

2. Description of Services

Costa Vida is a food service company operating within the United States. Through our website, food-costavida.top, we offer the following services and features:

2.1 Food Ordering and Delivery

We provide users with the ability to browse our menu, customize food items, place orders for pickup or delivery, and complete transactions online. Menu items, pricing, and availability are subject to change without prior notice and may vary based on your location, time of day, and product availability.

2.2 Online Account Services

We may offer registered users the ability to create personal accounts to manage orders, save preferences, track order history, and access loyalty or reward programs. Account access is subject to registration and the creation of secure login credentials.

2.3 Promotions and Offers

From time to time, we may offer promotional deals, discount codes, limited-time offers, and loyalty rewards. Such promotions are subject to their own individual terms and conditions and may be modified or withdrawn at any time without notice.

2.4 Informational Content

Our Site provides general information about Costa Vida, our menu offerings, nutritional information, ingredient disclosures, and company news. This content is provided for informational purposes only and should not be relied upon as professional dietary, nutritional, or medical advice.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any portion of our services at any time without notice or liability to you.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, current, and complete information when registering for an account or placing an order;
• Maintain and promptly update your account information to keep it accurate and current;
• Safeguard your account credentials and notify us immediately of any unauthorized use of your account;
• Comply with all applicable federal, state, and local laws and regulations while using our services;
• Use the Site only for lawful purposes and in a manner consistent with these Terms;
• Accept responsibility for all activity that occurs under your account.

3.2 Prohibited Activities

You expressly agree that you will NOT:

• Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act) and applicable consumer protection laws;
• Engage in fraudulent activities, including but not limited to submitting false orders, using stolen payment credentials, or exploiting promotional offers in bad faith;
• Attempt to gain unauthorized access to any portion of the Site, other user accounts, or our backend systems;
• Transmit any harmful, threatening, harassing, defamatory, obscene, or otherwise objectionable content through the Site;
• Use automated bots, scrapers, crawlers, or similar technologies to extract data from the Site without our written permission;
• Interfere with or disrupt the integrity or performance of the Site or the servers and networks connected to the Site;
• Introduce viruses, malware, Trojan horses, worms, or any other malicious code into the Site or its associated systems;
• Collect, harvest, or store personal data about other users without their explicit consent;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or any of its components;
• Use the Site for any commercial solicitation or advertising without our express written consent;
• Resell or sublicense access to our services without authorization;
• Engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure.

Violation of any of the above prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil or criminal liability.

4. Account Registration and Security

To access certain features of the Site, you may be required to register for an account. During registration, you must provide truthful and accurate information. You are solely responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

You agree to notify Costa Vida immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security. Costa Vida shall not be liable for any loss or damage arising from your failure to protect your account credentials.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used in violation of these Terms, or are inactive for an extended period of time.

5. Ordering, Payment Terms, and Pricing

5.1 Order Placement

When you place an order through food-costavida.top, you are making an offer to purchase the selected food items at the listed prices. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to suspected fraud, pricing errors, or unavailability of items.

5.2 Pricing and Taxes

All prices displayed on our Site are in U.S. dollars (USD) and are subject to change at any time without prior notice. Applicable sales taxes will be calculated and added to your order total at checkout in accordance with state and local tax laws. The final amount charged to you will reflect all applicable taxes and fees.

5.3 Payment Methods

We accept various forms of payment as displayed at checkout, which may include major credit cards, debit cards, and other digital payment methods. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order.

5.4 Order Confirmation

Upon successful placement of an order, you will receive an electronic order confirmation via the email address associated with your account or transaction. This confirmation does not constitute our acceptance of your order. We reserve the right to cancel confirmed orders in the event of errors, unavailability, or other issues.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared or is in transit. If you believe you have received an incorrect or unsatisfactory order, please contact us at [email protected] within a reasonable time. Refunds, credits, or replacements will be evaluated on a case-by-case basis at our sole discretion.

6. Intellectual Property Rights

6.1 Ownership

All content, materials, and intellectual property available on or through food-costavida.top, including but not limited to text, graphics, photographs, images, logos, icons, audio clips, digital downloads, data compilations, software, and the overall look, feel, and design of the Site, are the exclusive property of Costa Vida or its licensors and are protected by United States copyright laws, trademark laws, and other applicable intellectual property laws and treaties.

6.2 Limited License

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

• Reproduce, distribute, publicly display, or publicly perform any content from the Site;
• Modify or create derivative works based on any content from the Site;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Download or copy any account information for the benefit of another person or entity.

6.3 Trademarks

Costa Vida's 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 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.

6.4 User-Submitted Content

If you submit, upload, or otherwise provide any content to our Site, including reviews, comments, or feedback ("User Content"), you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations. You represent that you own or have the necessary rights to submit such content and that it does not infringe the rights of any third party.

7. Disclaimers and "As-Is" Basis

7.1 As-Is Basis

THE SITE AND ALL SERVICES PROVIDED BY COSTA VIDA 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.

7.2 No Guarantee of Availability

We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results obtained from the use of the Site will be accurate or reliable. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content on the Site.

7.3 Food and Allergen Disclaimer

Costa Vida makes reasonable efforts to provide accurate nutritional, allergen, and ingredient information on our Site. However, food products and their compositions are subject to change, and variations may exist in preparation from location to location. We strongly encourage customers with food allergies, dietary restrictions, or health conditions to consult with a qualified healthcare professional before consuming our products. Costa Vida does not warrant that any food item is free from allergens or suitable for any particular dietary need.

7.4 Third-Party Services

Our Site may contain links to or integrations with third-party websites, services, or platforms. These links are provided for your convenience only. Costa Vida does not endorse, control, or assume responsibility for the content, products, services, or practices of any third-party websites or services. Your use of third-party services is at your own risk and subject to their respective terms of service and privacy policies.

8. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;
• DAMAGES FOR ANY FOOD-RELATED ILLNESS OR ADVERSE REACTION EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY CASE, COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

9. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of the Site or services;
• Any User Content you submit to the Site;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection right;
• Any fraud or misrepresentation made by you in connection with your use of our services;
• Your negligence or willful misconduct.

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 such event, you agree to cooperate fully with Costa Vida in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law principles.

To the extent permitted by applicable law, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts located in the United States, and you hereby consent to the personal jurisdiction of such courts. You waive any objection to the laying of venue of any such proceeding in such courts and any objection that such courts are an inconvenient forum.

These Terms are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45), which prohibits unfair or deceptive acts or practices in commerce. If you are a resident of California, additional protections may apply to you under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the California Consumer Legal Remedies Act (CLRA), and other applicable California state laws.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services informally by contacting Costa Vida at [email protected]. We will make good-faith efforts to resolve the matter within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may pursue formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT OR CLAIMS INVOLVING INTELLECTUAL PROPERTY RIGHTS, YOU AND COSTA VIDA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT.

The arbitration shall be conducted by a nationally recognized 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 arbitration shall take place in the United States in a location mutually agreed upon by the parties, or via remote proceedings if appropriate.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COSTA VIDA AGREE THAT EACH PARTY 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 ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable, then the arbitration agreement in Section 11.2 shall be null and void with respect to such claim.

11.4 Exceptions

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

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you access or use our Site and services, or maintain an account with us.

12.2 Termination by You

You may terminate your account and stop using our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to the date of termination.

12.3 Termination by Costa Vida

Costa Vida reserves the right to suspend or terminate your access to the Site and services at any time, with or without cause or notice, including but not limited to situations where:

• You have violated any provision of these Terms;
• We reasonably believe your actions may cause legal liability for you, other users, or Costa Vida;
• We discontinue or materially modify our services;
• Continued service to you is no longer commercially viable.

12.4 Effect of Termination

Upon termination, your license to use the Site will automatically terminate, and you must immediately cease all use of the Site and services. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

13. Changes to These Terms

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

Your continued use of the Site or services after the effective date of any such changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for any updates. If you do not agree with the modified Terms, you must stop using our Site and services and, if applicable, close your account.

We encourage you to review these Terms each time you visit our Site to ensure that you are aware of any changes.

14. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, disclose, and protect your personal information, including information collected through our Site. By using our services, you acknowledge that you have reviewed and agree to our Privacy Policy.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know, delete, and opt out of the sale or sharing of your personal information. For more details, please review our Privacy Policy or contact us at [email protected].

15. Electronic Communications

By using our Site and services, you consent to receive electronic communications from Costa Vida, including order confirmations, receipts, promotional materials, and legal notices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirement that communications be in writing.

You may opt out of promotional emails at any time by clicking the "unsubscribe" link in any such email or by contacting us at [email protected]. Please note that even if you opt out of promotional communications, we may still send you transactional and service-related messages.

16. Severability

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

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Costa Vida.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices 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, and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, with respect to such subject matter.

No modification of these Terms shall be binding unless made in writing and duly signed by an authorized representative of Costa Vida, except as otherwise provided herein.

18. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms resulting from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions, war, terrorism, labor disputes, power outages, internet or telecommunications failures, or supply chain disruptions. In the event of such circumstances, we will make reasonable efforts to resume normal operations as quickly as practicable.

19. Accessibility

Costa Vida is committed to ensuring that our Site is accessible to all users, including those with disabilities, in compliance with applicable federal accessibility laws and guidelines, including the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG). If you experience any accessibility issues while using our Site, please contact us so we may assist you and work toward improving our accessibility standards.

20. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service or your use of our services, please contact us using the information below:

We will make every effort to respond to your inquiries in a timely manner. For urgent matters related to food safety or order issues, please indicate the nature of your concern in the subject line of your email communication.