Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at vidacosta.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 engaging with any of our services, you ("User," "Customer," or "you") agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at vidacosta.click, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Costa Vida.

You represent and warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this Agreement. If you are accessing the Website on behalf of a business, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

Costa Vida reserves the right to modify, amend, or update these Terms at any time. Your continued use of the Website following any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to remain informed of any updates.

2. Description of Services

Costa Vida operates as a food service business, offering customers access to menu information, online ordering, catering inquiries, promotional content, nutritional information, and other food-related services through the Website located at vidacosta.click. Our services may include, but are not limited to:

• Browsing and viewing our food menu and product offerings;
• Placing online food orders for pickup or delivery (where available);
• Submitting catering requests and inquiries;
• Creating and managing user accounts;
• Accessing promotional offers, loyalty programs, and discounts;
• Providing feedback, reviews, and customer support interactions;
• Subscribing to marketing communications, newsletters, and special announcements;
• Accessing nutritional and allergen information for our food products.

Costa Vida reserves the right to modify, suspend, or discontinue any portion of its 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. Availability of certain services, menu items, and features may vary by location, time, and other factors beyond our control.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a condition of using our Website and services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use;
• Use the Website solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations;
• Comply with all applicable United States laws, including but not limited to the Federal Trade Commission Act, applicable food and safety regulations, and any state or local ordinances;
• Ensure that any information you submit to us is true, accurate, and does not violate any third-party rights.

3.2 Prohibited Activities

You expressly agree that you will NOT engage in any of the following prohibited activities while using our Website or services:

• Using the Website for any fraudulent, deceptive, or illegal purpose;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Submitting false, misleading, or inaccurate orders or account information;
• Attempting to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to the Website;
• Transmitting any viruses, malware, worms, Trojan horses, or other harmful or destructive code through the Website;
• Using automated scripts, bots, spiders, crawlers, scrapers, or other automated means to access, collect, or extract data from the Website without our express written consent;
• Engaging in any activity that could damage, disable, overburden, or impair the functioning of the Website or our servers;
• Harvesting, collecting, or otherwise obtaining personal information about other users without their consent;
• Posting, transmitting, or distributing any content that is defamatory, obscene, abusive, offensive, or violates any applicable law;
• Reselling, sublicensing, or otherwise commercially exploiting any portion of our services without our express written authorization;
• Circumventing any technological measures we employ to protect our Website or intellectual property;
• Using our Website in any manner that could create a conflict of interest or undermine the integrity of our business operations.

Violation of these prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil or criminal liability under applicable law.

4. User Accounts

In order to access certain features of our Website, including online ordering and loyalty programs, you may be required to create a user account. When creating an account, you agree to provide truthful, accurate, and complete information. You are solely responsible for all activities that occur under your account.

You agree to immediately notify Costa Vida of any unauthorized use of your account or any other breach of security. Costa Vida will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. We reserve the right to terminate accounts, refuse service, or remove content at our sole discretion, with or without notice.

5. Online Ordering and Payment Terms

5.1 Order Placement

When you place an order through our Website, you are making an offer to purchase the selected food items subject to these Terms. Costa Vida reserves the right to accept or decline any order at its sole discretion. Confirmation of your order does not necessarily constitute our acceptance; acceptance occurs when we begin processing your order.

5.2 Pricing

All prices listed on our Website are displayed in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales taxes, service fees, or delivery charges, which will be clearly disclosed at checkout. Costa Vida endeavors to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to cancel your order and issue a full refund.

5.3 Payment Methods

We accept various forms of payment as indicated on our Website at the time of checkout. By providing 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 all amounts due.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order has been prepared or dispatched for delivery. If you believe your order is incorrect, incomplete, or of unsatisfactory quality, please contact us immediately at [email protected]. Refunds or replacements will be assessed on a case-by-case basis at our sole discretion. We comply with applicable consumer protection standards under the Federal Trade Commission Act and applicable state laws.

5.5 Allergen and Dietary Information

Costa Vida makes reasonable efforts to provide accurate allergen and nutritional information on our Website. However, we cannot guarantee that our food items are free from any particular allergen due to shared preparation environments. It is your responsibility to review allergen information carefully and consult with our staff if you have dietary restrictions or allergies. Costa Vida shall not be liable for any adverse reactions resulting from the consumption of our food products.

6. Intellectual Property Rights

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

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 or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

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 solely for your personal, non-commercial use. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its Content;
• Any downloading or copying of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Unauthorized use of the Website or its Content may give rise to a claim for damages and/or constitute a criminal offense. If you wish to make any use of material on our Website other than as set out above, please contact us at [email protected].

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. These links are provided for your convenience only and do not signify our endorsement of such websites or their contents. Costa Vida has no control over, and assumes no responsibility for, the content, privacy policies, terms of service, or practices of any third-party websites.

We encourage you to be aware when you leave our Website and to read the terms and privacy policies of any third-party websites you visit. Costa Vida shall not be liable for any loss or damage arising from your use of any third-party websites or services.

8. Privacy Policy

Your use of our Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, store, and protect your personal information in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), where applicable, as well as the Federal Trade Commission Act and other relevant federal and state privacy regulations.

By using our Website and services, you consent to our collection and use of your information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully.

9. Disclaimers and "As-Is" Basis

9.1 General Disclaimer

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, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 Operational Disclaimer

Costa Vida does not warrant that:

• The Website will be uninterrupted, timely, secure, or error-free;
• The results obtained from the use of the Website will be accurate or reliable;
• The quality of any products, services, information, or other materials obtained through the Website will meet your expectations;
• Any errors in the Website will be corrected.

9.3 Food Safety Disclaimer

While Costa Vida adheres to applicable food safety standards and regulations under federal, state, and local law, we do not warrant that our food products are completely free from allergens or that individual customer experiences will be consistent. All nutritional and allergen information is provided as a general guide only.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use or inability to use the Website or our services;
• Any unauthorized access to or alteration of your transmissions or data;
• Any conduct or content of any third party on the Website;
• Any food products purchased or consumed as a result of information obtained through the Website;
• Any other matter relating to the Website or our services.

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 NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COSTA VIDA TO YOU FOR ANY AND ALL CLAIMS ARISING UNDER THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its respective officers, directors, employees, agents, licensors, service providers, and successors from and against any and all 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 of the Website or any services provided through it;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity.

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 fully with Costa Vida in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms or your use of the Website shall be governed by and construed in accordance with the laws of the United States and the laws of the state applicable to Costa Vida's principal place of business, without regard to its conflict of law principles.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

Nothing in these Terms shall limit Costa Vida's right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida at [email protected] and attempt to resolve the dispute informally. Costa Vida will attempt to resolve the dispute within thirty (30) days of receiving your written notice. If the dispute is not resolved within this period, either party may proceed with formal dispute resolution as set forth below.

13.2 Binding Arbitration

EXCEPT FOR CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF OUR WEBSITE OR SERVICES, SHALL BE DETERMINED BY BINDING ARBITRATION. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules in effect at the time of the dispute. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH 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 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.

13.4 Exception for Small Claims

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.

14. Term and Termination

These Terms of Service shall remain in full force and effect while you access or use the Website or any of our services. Costa Vida reserves the right, in its sole discretion, to terminate or suspend your access to the Website and our services at any time, with or without cause, and with or without notice, effective immediately.

Grounds for termination may include, but are not limited to:

• Violation of any provision of these Terms;
• Fraudulent, abusive, or illegal activity;
• Requests by law enforcement or other government agencies;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Failure to pay any fees owed in connection with our services.

Upon termination of your access, your right to use the Website will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to These Terms

Costa Vida reserves the right to revise and update these Terms of Service at any time and at its sole discretion. All changes are effective immediately when we post them on the Website. We may notify you of material changes by email (if you have provided your email address), by posting a prominent notice on the Website, or by updating the "Last Updated" date at the top of this page.

Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must immediately stop using the Website and our services. It is your responsibility to check this page regularly to stay informed of any changes.

16. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

17. Waiver

No waiver by Costa Vida of any term or condition set out in these Terms of Service 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. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the sole and entire agreement between you and Costa Vida regarding the Website and our services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and our services.

19. Force Majeure

Costa Vida shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, governmental actions, labor disputes, supply chain disruptions, power failures, internet outages, or any other event beyond our reasonable control. In the event of such circumstances, Costa Vida will use commercially reasonable efforts to resume performance as soon as reasonably practicable.

20. Electronic Communications

By using our Website, you consent to receive electronic communications from Costa Vida. These communications may include notices about your account, order confirmations, promotional offers, and other information concerning or related to our services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

21. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience difficulty accessing any portion of our Website, please contact us at [email protected] so that we may assist you and address any accessibility concerns.

22. Compliance with Laws

You agree to comply with all applicable laws, rules, and regulations in connection with your use of our Website and services, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices;
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030);
• The CAN-SPAM Act of 2003;
• The California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), where applicable;
• All applicable food safety and labeling laws and regulations enforced by the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA);
• All applicable state and local consumer protection laws.

23. 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 your use of the Website or our services, please reach out to us using the contact information below:

We will make every reasonable effort to respond to your inquiries in a timely manner. For urgent matters related to food safety or immediate order concerns, we recommend contacting us directly via email at [email protected].