Terms of Service

Please read these Terms of Service carefully before using our website located at costvida.top or any services offered by Costa Vida. By accessing or using our website and services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

1. Acceptance of Terms

By accessing the website at costvida.top, placing an order, signing up for an account, subscribing to a newsletter, or otherwise engaging with any service offered by Costa Vida, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines, policies, or rules that may be posted on the website from time to time.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Costa Vida ("we," "us," or "our"), governing your access to and use of our website, mobile applications, online ordering platforms, and all related food and restaurant services. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 13 years of age to use our website. If you are under 18 years of age, you may only use our services 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 request proof of age at any time.

Your continued use of the website or services following the posting of any changes to these Terms shall constitute your acceptance of those changes. We encourage you to review these Terms periodically to stay informed about your rights and obligations.

2. Description of Services

Costa Vida is a food service company that provides customers with access to fresh, made-to-order Mexican-inspired cuisine. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place orders for food items through our website at costvida.top or affiliated third-party platforms. Online orders may include dine-in, carry-out, curbside pickup, and delivery options depending on location availability.
• Catering Services: Costa Vida offers catering packages for events, corporate gatherings, parties, and other occasions. Catering orders are subject to additional terms and may require advance notice and a deposit.
• Loyalty and Rewards Programs: We may offer loyalty programs, membership accounts, promotional codes, and special rewards to eligible customers. Participation in such programs is subject to separate program terms and conditions.
• Nutritional and Menu Information: Our website provides detailed information about our menu offerings, including ingredients, allergens, and nutritional content. This information is provided for general reference purposes and is subject to change without prior notice.
• Gift Cards: We may offer digital or physical gift cards that can be used toward purchases at participating Costa Vida locations or through our online ordering system.
• Promotions and Offers: From time to time, Costa Vida may offer special promotions, discounts, and limited-time offers, each governed by its own terms and conditions as specified at the time of the offer.

We reserve the right to modify, suspend, or discontinue any service, feature, or functionality at any time, with or without notice, and without liability to you. We do not guarantee that any particular service or menu item will be available at all times or in all locations.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our website and services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order.
• 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 these Terms.
• Comply with all applicable local, state, and federal laws and regulations, including but not limited to the Federal Trade Commission Act (FTC Act) and applicable consumer protection laws.
• Respect the intellectual property rights of Costa Vida and third parties.
• Pay all charges associated with your orders in a timely and accurate manner.

3.2 Prohibited Activities

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

• Using the website or services for any unlawful, fraudulent, or malicious purpose.
• Attempting to gain unauthorized access to any portion of the website, other user accounts, or computer systems connected to the website.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the website.
• Scraping, crawling, or using automated tools to extract data from the website without our express written consent.
• Uploading or transmitting any viruses, malware, or any other malicious code that may damage or interfere with the operation of the website or services.
• Impersonating any person or entity, including employees or representatives of Costa Vida.
• Using the website to transmit any unsolicited commercial communications (spam).
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the website or services.
• Collecting or harvesting personally identifiable information from the website without authorization.
• Using any portion of our services to engage in price manipulation, coupon fraud, or abuse of any promotional offer.
• Placing fraudulent orders, chargebacks, or making false claims regarding the quality or delivery of food products.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing you from the platform, reporting you to law enforcement, and pursuing civil remedies.

4. Account Registration

To access certain features of our website, including online ordering and loyalty programs, you may be required to register for an account. When you register, you agree to provide accurate and complete information and to update such information as necessary to keep it current. You are solely responsible for all activity that occurs under your account.

You may not transfer your account to another person or entity without our prior written consent. We reserve the right to suspend or terminate your account at our sole discretion, particularly if we determine that you have violated any provision of these Terms. You may delete your account at any time by contacting us at [email protected].

5. Intellectual Property Rights

All content on the Costa Vida website, including but not limited to text, graphics, photographs, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall design and layout ("Content"), is the exclusive property of Costa Vida or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, and trade dress 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. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the website for personal, non-commercial purposes only. This license does not include:

• Any resale or commercial use of the website or its Content.
• Any collection and use of any 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 another merchant.
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our intellectual property will constitute a material breach of these Terms and may violate copyright, trademark, and other applicable laws, which could result in civil and criminal penalties. Costa Vida actively enforces its intellectual property rights to the fullest extent permitted by law.

6. Payment Terms

6.1 Pricing and Payment

All prices displayed on our website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes, fees, or delivery charges, which will be calculated and displayed at checkout before you confirm your order. You agree to pay all charges at the prices then in effect for your purchases, including any applicable taxes and fees.

We accept major credit cards, debit cards, digital wallets, and other payment methods as indicated on the website. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order.

6.2 Order Confirmation and Cancellations

Your order is not confirmed until you receive a confirmation email or notification from us. We reserve the right to cancel or refuse any order at our discretion, including in cases of suspected fraud, pricing errors, or unavailability of items. If we cancel your order, you will receive a full refund to your original payment method within a reasonable timeframe.

6.3 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you are dissatisfied with your order due to an error on our part or a quality issue, please contact our customer service team at [email protected] within 24 hours of receiving your order. Refunds, credits, or replacements will be issued at our sole discretion on a case-by-case basis.

6.4 Gift Cards

Gift cards issued by Costa Vida have no expiration date and cannot be redeemed for cash, except where required by applicable law. Costa Vida is not responsible for lost, stolen, or damaged gift cards. Gift cards are not transferable and may not be used for the purchase of additional gift cards.

7. Food Safety and Allergen Information

Costa Vida takes food safety seriously and strives to maintain the highest standards of cleanliness, preparation, and handling in all of our locations. However, we cannot guarantee that any food item is completely free from allergens, including but not limited to peanuts, tree nuts, milk, eggs, wheat, soy, fish, and shellfish, as our kitchen environments may be exposed to these ingredients.

It is your responsibility to review all allergen and nutritional information available on our website or by contacting your local Costa Vida location before placing an order. If you have a food allergy, intolerance, or dietary restriction, please inform our staff at the time of your order. By placing an order, you acknowledge and accept the inherent risks associated with food preparation in a shared kitchen environment.

8. Limitation of Liability

To the fullest extent permitted by applicable law, Costa Vida, its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, goodwill, data, business, or other intangible losses, arising out of or related to:

• Your access to or use of, or inability to access or use, the website or services.
• Any conduct or content of any third party on the website.
• Any content obtained from the website.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, inaccuracies, or omissions in any content or information on the website.
• Personal injury or property damage arising from your consumption of food products ordered through our website.
• Any interruption, suspension, or termination of services.

In no event shall Costa Vida's total aggregate liability to you for all claims arising out of or related to these Terms or your use of the website or services exceed the greater of (a) the amount you paid to Costa Vida in the twelve (12) months preceding the event giving rise to the liability, or (b) one hundred dollars ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. In such jurisdictions, Costa Vida's liability shall be limited to the greatest extent permitted by applicable law.

9. Disclaimers

9.1 As-Is Basis

THE WEBSITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Costa Vida does not warrant that:

• The website will function without interruption, be error-free, or be free of viruses or other harmful components.
• The results obtained from the use of the website will be accurate or reliable.
• The quality of any products, services, information, or other material obtained through the website will meet your expectations.
• Any errors in the website will be corrected promptly.

9.2 Third-Party Links and Services

Our 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 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 your use of or reliance on any content, goods, or services available on or through any such third-party websites or services.

10. Indemnification

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

• Your access to and use of the website or services.
• Your violation of any provision of these Terms.
• Your violation of any third-party rights, including without limitation any intellectual property or privacy rights.
• Any claim that your use of our services caused damage to a third party.
• Any content you submit, post, or otherwise make available through our website.
• Your violation of any applicable law, rule, or regulation.

Costa Vida reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of our services shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Costa Vida operates or is registered, without giving effect to any choice or conflict of law provision or rule.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Costa Vida agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

For users located in California, additional rights and protections may apply under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). We are committed to honoring all rights afforded to California residents under applicable law. For more information, please review our Privacy Policy.

All matters relating to the website and these Terms, and any dispute or claim arising therefrom, shall be subject to the jurisdiction of United States courts. You waive any objection to the laying of venue of any such dispute in such courts and waive any claim that such dispute has been brought in an inconvenient forum.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to 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 attempt to resolve the dispute informally within thirty (30) days of receiving notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

12.2 Binding Arbitration

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

To the fullest extent permitted by applicable law, you and Costa Vida agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the use of our services through binding individual arbitration rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.

The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its Consumer Arbitration Rules. The arbitration shall take place in the United States, and the arbitrator's decision shall be final and binding. The arbitrator shall have the authority to award any remedy that would be available in a court of law.

12.3 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. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the agreement to arbitrate, 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 intellectual property rights or confidential information.

13. Term and Termination

These Terms shall remain in full force and effect while you use the website or services. We reserve the right to suspend or terminate your access to the website or services, in whole or in part, at any time and for any reason, including but not limited to your breach of these Terms, without prior notice or liability to you.

Upon termination:

• Your right to access and use the website and services will immediately cease.
• Any outstanding obligations you owe to Costa Vida shall remain in effect.
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitation of liability, and dispute resolution provisions.

You may terminate your use of the website and services at any time by ceasing to use the website and, if applicable, deactivating your account. Termination of your account does not release you from any obligations or liabilities that arose prior to termination.

14. Changes to Terms

Costa Vida reserves the right, at our sole discretion, to modify or replace these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or through a prominent notice on our website. The most current version of these Terms will always be available at costvida.top.

Your continued access to or use of the website or services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the website and services. We encourage you to check this page regularly to stay informed about any updates or changes.

Material changes to these Terms will be communicated to registered users via email to the address associated with their account. Non-material changes may be made without direct notification, and it is your responsibility to review these Terms periodically.

15. Electronic Communications

By using our website or services, you consent to receive electronic communications from Costa Vida, including emails, text messages, push notifications, and other forms of digital communication. These communications may include information about your orders, account updates, promotional offers, and changes to our policies. You acknowledge that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of promotional communications, you may do so by following the unsubscribe instructions included in any promotional 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 or service-related messages necessary for the administration of your account or orders.

16. Privacy Policy

Your use of our website 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, store, and share your personal information. By using our website or services, you acknowledge that you have read and understood our Privacy Policy.

To the extent you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know what personal information we collect about you, the right to request deletion of your personal information, and the right to opt out of the sale of your personal information. Please review our Privacy Policy for more details or contact us at [email protected].

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms where such failure or delay is due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power outages, internet failures, civil unrest, terrorism, or any other event beyond our reasonable control. In the event of such circumstances, Costa Vida will make reasonable efforts to resume normal operations as soon as possible.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision.

The parties agree that any such invalid or unenforceable provision shall be construed in a manner consistent with the original intent of the parties as closely as possible, so as to give maximum effect to the economic and legal terms of the agreement. No waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Costa Vida.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other agreements or policies incorporated herein by reference, constitute the entire agreement between you and Costa Vida with respect to your use of the website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the same subject matter.

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, and any failure of Costa Vida to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

20. No Third-Party Beneficiaries

These Terms are for the benefit of Costa Vida and you only. Nothing in these Terms is intended to, or shall, confer any legal or equitable right, benefit, or remedy on any other person or entity under or by reason of these Terms, unless expressly stated otherwise.

21. Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our website and services. Our services are intended for use by residents of the United States, and we make no representation that the materials on our website are appropriate or available for use in other locations. If you access our website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

In addition to compliance with general federal and state laws, your use of our services must comply with the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in commerce. We are committed to transparent business practices and full compliance with all consumer protection laws applicable in the United States.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to report a violation or request further information, please do not hesitate to contact us using the information provided below. Our customer service team is committed to addressing your inquiries in a timely and professional manner.

When contacting us regarding these Terms, please include a detailed description of your inquiry or concern, along with your contact information, so that we may respond to you effectively. We aim to respond to all inquiries within five (5) business days.