Terms of Service

Please read these Terms of Service carefully before using the website located at cosvida.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 discontinue use of the Website and our services.

1. Acceptance of Terms

By accessing, browsing, or using the Website at cosvida.click, or by clicking "I Agree," completing a registration, or placing any order, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida. If you are using the Website 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, and all references to "you" shall include that entity.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use this Website. By using the Website, you represent and warrant that you meet this age requirement. If you are under the required age, you may only use the Website under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.

We reserve the right to update, amend, or revise these Terms at any time, as further described in Section 12 below. Your continued use of the Website after any such modifications constitutes your acceptance of the revised Terms.

2. Description of Services

Costa Vida is a food service business operating within the United States, offering fresh, made-to-order food products inspired by coastal and Latin-American culinary traditions. Through the Website at cosvida.click, we provide the following services (collectively, the "Services"):

• Online Menu Access: Users may browse our current food menu offerings, including descriptions, pricing, nutritional information (where applicable), and ingredient details.
• Online Ordering: Users may place orders for food items for pickup or delivery, subject to availability and geographic service area limitations.
• Account Registration: Users may create accounts to manage orders, save preferences, and access loyalty or rewards programs, if and when offered.
• Customer Support: Users may contact our team for inquiries related to orders, menu items, allergens, catering, or general feedback.
• Promotional Content: Users may receive information about special promotions, limited-time offers, catering packages, and seasonal menu items.
• Catering Services: Users may inquire about and book catering services for private events, corporate gatherings, or other functions, subject to separate catering agreements and availability.

We reserve the right to modify, suspend, discontinue, or limit any aspect of the Services at any time, with or without notice, and without liability to you. Not all Services may be available in all geographic areas. Availability of menu items, delivery zones, and hours of operation are subject to change without notice.

Any descriptions of food products, including ingredients, allergen content, and nutritional information, are provided for informational purposes only. While we make reasonable efforts to ensure accuracy, we do not guarantee that product descriptions are complete, current, or free from errors. It is your responsibility to confirm allergen information directly with our staff before ordering if you have dietary restrictions, allergies, or medical conditions that may be affected by food ingredients.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and Services, you agree to:

• Provide accurate, current, and complete information when registering an account, placing an order, or contacting us.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Website and Services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations.
• Comply with all payment obligations for orders placed through the Website.
• Promptly update your account information to ensure it remains accurate and current.
• Use the Website in a manner that does not infringe upon the rights of others or restrict or inhibit any other person's use of the Website.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any fraudulent, deceptive, or unlawful purpose, including but not limited to submitting false orders, fraudulent payment information, or impersonating another individual or entity.
• Attempt to gain unauthorized access to any part of the Website, server, network, or database connected to the Website.
• Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material to the Website.
• Engage in data scraping, data mining, or any automated collection of content or data from the Website without our prior written consent.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its content without our express written permission.
• Interfere with or disrupt the integrity, performance, or security of the Website or any related systems or networks.
• Post, upload, or transmit any content that is defamatory, obscene, offensive, harassing, discriminatory, or otherwise objectionable.
• Use the Website to transmit unsolicited commercial communications (spam) or to harvest personal information of other users.
• Circumvent, disable, or otherwise interfere with security-related features of the Website.
• Use any robot, spider, crawler, or other automated device to access or interact with the Website in any way not expressly permitted.
• Engage in any activity that could damage, disable, overburden, or impair the Website or servers.
• Violate any applicable local, state, national, or international laws or regulations in connection with your use of the Website.

Violation of any of the above prohibitions may result in immediate termination of your access to the Website and Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

All content, materials, and intellectual property available on or through the Website, including but not limited to text, graphics, logos, photographs, images, video and audio clips, recipes, software, trade names, trademarks, service marks, and the overall design and compilation of the Website (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected under United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act, and applicable state laws.

You are granted 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 the Services. This license does not include:

• Any resale or commercial use of the Website or its Content.
• Any collection or use of product listings, descriptions, or prices for the benefit of a third party.
• Any derivative use of the Website or its Content.
• Any downloading or copying of account information for the benefit of another business or entity.
• Any use of data mining, robots, or similar data gathering or extraction methods.

Any unauthorized use of the Content immediately terminates the license granted herein. Unauthorized reproduction, distribution, display, or transmission of any Content on the Website is strictly prohibited and may result in civil and criminal penalties under applicable law.

The Costa Vida name, logo, and all related product and service names, design marks, and slogans are trademarks of Costa Vida. You may not use these marks without our prior written permission. All other trademarks appearing on the Website are the property of their respective owners.

If you believe that any content on the Website infringes your copyright, please contact us at [email protected] with sufficient detail to allow us to evaluate and respond to your claim, consistent with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Ordering and Payment Terms

5.1 Order Placement

When you place an order through the Website, you are making an offer to purchase the selected food items. We reserve the right to accept or decline any order at our sole discretion. Your order is confirmed only upon receipt of a written or electronic confirmation from us. Menu items, prices, and availability are subject to change at any time without notice.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD). Prices are subject to change without notice. Applicable federal, state, and local sales taxes, as well as any delivery or service fees, will be calculated and disclosed to you at checkout before you complete your purchase. You are responsible for the payment of all applicable taxes associated with your order.

5.3 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By submitting a payment, you represent and warrant that: (a) you are authorized to use the payment method submitted; (b) the payment information you provide is accurate and complete; and (c) charges incurred by you will be honored by your financial institution.

5.4 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. Refund or cancellation requests must be submitted before food preparation has commenced. If you believe you have received an incorrect or unsatisfactory order, please contact us at [email protected] within 24 hours of receiving your order. We will evaluate each request on a case-by-case basis and may, at our sole discretion, offer a replacement, credit, or refund where appropriate.

5.5 Delivery Terms

Delivery availability, delivery zones, and estimated delivery times are subject to change. We are not responsible for delivery delays caused by events outside our reasonable control, including but not limited to traffic, weather, or third-party delivery partner issues. Risk of loss for delivered food items passes to you upon delivery to the address specified in your order.

6. User Accounts

To access certain features of the Website, including online ordering and loyalty programs, you may be required to create an account. You agree to: (a) provide accurate and complete registration information; (b) maintain and promptly update your account information; (c) keep your password confidential and not share it with any third party; and (d) notify us immediately of any unauthorized use of your account or any other security breach.

You are solely responsible for all activities that occur under your account, whether or not authorized by you. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials.

We reserve the right to terminate or suspend your account at any time, with or without notice, for any violation of these Terms or for any other reason at our sole discretion.

7. Disclaimers

7.1 As-Is Basis

THE WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND INFORMATION AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, 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 Website will be available at all times, uninterrupted, secure, or error-free. We do not warrant that defects in the Website will be corrected, or that the Website or its servers are free of viruses or other harmful components. We make no representations or warranties regarding the accuracy, reliability, or completeness of any content on the Website.

7.3 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate information regarding menu items, ingredients, and allergens, we cannot guarantee that our food products are free from allergens or cross-contamination. Customers with food allergies, sensitivities, or dietary restrictions are strongly encouraged to consult with our staff directly before ordering. Costa Vida is not liable for any adverse reactions resulting from consumption of food products where the customer has not made such inquiries.

7.4 Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Costa Vida. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise you to review the terms and privacy policy of any third-party website you visit. Your use of such third-party websites is at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSSES ARISING OUT OF OR RELATED TO:

• Your use of, or inability to use, the Website or Services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any content or conduct of any third party on or through the Website;
• Errors, inaccuracies, or omissions in any content on the Website;
• The consumption of food products ordered through the Website;
• Any interruption or cessation of transmission to or from the Website;
• Bugs, viruses, Trojan horses, or other harmful code that may be transmitted through the Website;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE 90 DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our 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 respective owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of or access to the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right;
• Any claim that your use of the Website caused damage to a third party;
• Any content you submit, post, or transmit through the Website;
• Your violation of any applicable law, rule, or regulation.

This indemnification obligation shall survive the termination of these Terms and your use of the Website. We reserve the right, at our 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.

10. Governing Law and Jurisdiction

These Terms of Service, your use of the Website, and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Costa Vida is registered and primarily operates, without regard to its conflict of law provisions.

These Terms are also subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive practices in commerce, and other applicable federal consumer protection laws.

To the extent any dispute is not resolved through the arbitration process set forth in Section 11, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located within the United States, in the jurisdiction corresponding to Costa Vida's principal place of business, for the purpose of litigating all such claims or disputes. You hereby waive any objection to the laying of venue of any such proceeding in such courts and waive any claim that such courts are inconvenient forums.

If you are located in a state with specific consumer protection laws, including but not limited to California (where the California Consumer Privacy Act / California Privacy Rights Act, Cal. Civ. Code § 1798.100 et seq., may apply), those laws may afford you additional rights. Nothing in these Terms is intended to limit rights you may have under applicable state consumer protection legislation.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us first to seek an informal resolution. You may reach us at [email protected]. We will make reasonable efforts to address your concern within 30 days of receipt of written notice describing the nature of the dispute and the relief sought.

11.2 Binding Arbitration

If informal resolution is unsuccessful, you and Costa Vida agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services (including questions of arbitrability, the formation, existence, breach, termination, validity, or enforceability of these Terms) shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org.

The arbitration shall be conducted in English, and the arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction. The parties agree to maintain the confidentiality of any arbitration proceedings, awards, and decisions, except as may be necessary to enforce an arbitration award or as required by applicable law.

11.3 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, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both parties agree otherwise in writing, the arbitrator may not consolidate or join more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, without waiving the right to arbitrate other claims.

11.5 Opt-Out

You may opt out of the arbitration agreement set forth above by notifying us in writing within 30 days of first accepting these Terms. Your opt-out notice must be sent to [email protected] with the subject line "Arbitration Opt-Out." If you opt out, neither party will be required to arbitrate disputes, and any disputes shall be resolved in accordance with Section 10 of these Terms.

12. Term and Termination

These Terms are effective as of the date you first access or use the Website and shall remain in full force and effect for as long as you continue to use the Website or maintain an account with us.

We reserve the right, at our sole discretion, to terminate or suspend your access to the Website and Services, in whole or in part, at any time and for any reason, including but not limited to your violation of these Terms, fraudulent activity, or conduct that we believe may expose us to legal liability or harm to other users or third parties. Such termination may be effected with or without prior notice to you.

Upon termination: (a) your right to access and use the Website and Services immediately ceases; (b) we may delete your account and any associated data, subject to our Privacy Policy and applicable law; and (c) any outstanding payment obligations you owe to us shall survive termination.

Sections of these Terms that by their nature should survive termination — including, without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — shall survive termination of these Terms.

13. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time in 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, where appropriate or required by law, provide additional notice such as a prominent notice on our Website or an email to the address associated with your account.

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

Changes to these Terms will not apply retroactively to disputes that arose before the effective date of the revised Terms unless required by applicable law.

14. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect and shall be construed to give maximum effect to the original intent of the parties.

The failure of any court or arbitrator to enforce any provision of these Terms shall not constitute a waiver of that provision unless the waiver is explicitly acknowledged by us in writing. No waiver by Costa Vida of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and Costa Vida concerning the subject matter hereof and supersede all prior and contemporaneous negotiations, discussions, representations, or agreements between you and Costa Vida relating to such subject matter.

15. Additional Provisions

15.1 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 is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, labor disputes, supply chain disruptions, cyberattacks, power outages, or other force majeure events. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

15.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Costa Vida may freely assign these Terms and any rights hereunder, in whole or in part, to any affiliated entity or in connection with a merger, acquisition, sale of assets, or other corporate reorganization, without your consent. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.3 No Third-Party Beneficiaries

These Terms are entered into solely between you and Costa Vida. Nothing in these Terms, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

15.4 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features or promotions, constitute the entire and exclusive agreement between you and Costa Vida with respect to your use of the Website and Services, and supersede any prior agreements, understandings, representations, or warranties, whether written or oral, regarding the subject matter of these Terms.

15.5 Headings

Section headings in these Terms are for convenience only and shall not affect the construction or interpretation of any provision of these Terms.

15.6 Electronic Communications

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

16. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you need to contact us for any reason related to these Terms or our Services, please reach out to us using the contact information below:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters relating to food safety, allergens, or health concerns, please contact us immediately at [email protected].