Terms of Service

Please read these Terms of Service carefully before using the website located at vidacostas.click (the "Website") or any services offered by Costa Vida (the "Company," "we," "us," or "our"). By accessing or using our Website or services, you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Website or services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at vidacostas.click, placing an order, registering an account, or otherwise engaging with any of the services provided by Costa Vida, you ("User," "you," or "your") expressly acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference.

These Terms of Service constitute a legally binding agreement between you and Costa Vida. Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. If you are using the Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and that entity.

You must be at least eighteen (18) years of age to use this Website or place orders through our services. By using the Website, you affirm that you are at least 18 years old and are fully able and competent to enter into, abide by, and comply with these Terms. If you are under 18 years of age, you may only use this Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

2. Description of Services

Costa Vida is a food service business operating in the United States. Through the Website vidacostas.click, we offer the following services and features:

• Online Menu Browsing: Users may browse our current menu offerings, including food items, beverages, combo meals, daily specials, and seasonal offerings.
• Online Ordering: Users may place online orders for pickup, dine-in, or delivery, subject to availability and applicable service area restrictions.
• Account Registration: Users may create a personal account to manage orders, track order history, save preferences, and access exclusive promotions.
• Loyalty Programs and Promotions: Registered users may participate in loyalty reward programs, promotional campaigns, discount offers, and coupon redemptions as made available by Costa Vida from time to time.
• Nutritional and Allergen Information: We endeavor to provide nutritional information and allergen disclosures for our menu items, though this information is subject to change without notice.
• Customer Support: Users may contact our customer support team via email at [email protected] for assistance with orders, complaints, inquiries, and other matters.
• Catering and Group Orders: Information regarding catering services, bulk orders, and special event arrangements may be accessed and requested through the Website.

We reserve the right to modify, suspend, or discontinue any portion of our services at any time, with or without notice, and without liability to you. Costa Vida does not guarantee continuous, uninterrupted, or error-free access to the Website or services.

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 creating an account or placing orders.
• Maintain the confidentiality of your account credentials and immediately notify Costa Vida of any unauthorized use of your account.
• Use the Website and services only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website and services.
• Promptly pay all charges, fees, and taxes associated with your orders and use of the services.
• Update your account information as necessary to keep it accurate, current, and complete.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Website or services for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Attempting to gain unauthorized access to any portion of the Website, other accounts, or any systems or networks connected to the Website.
• Transmitting any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of commercial solicitation.
• Using any robot, spider, scraper, crawler, or other automated means to access or collect information from the Website without our express written permission.
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Website or services.
• Introducing any viruses, trojan horses, worms, malware, or other harmful or disruptive code to the Website or its infrastructure.
• Impersonating any person or entity or falsely representing your affiliation with any person or entity.
• Collecting or harvesting any personally identifiable information from the Website without authorization.
• Placing fraudulent orders, using stolen payment credentials, or engaging in any form of payment fraud.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Website or any related software.
• Posting or transmitting any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable.
• Circumventing or manipulating any pricing, discount, or promotional systems offered through the Website.

Costa Vida reserves the right, in its sole discretion, to terminate or suspend your access to the Website and services immediately, without prior notice, for any violation of these prohibitions or these Terms generally.

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof — are the exclusive property of Costa Vida and its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Costa Vida name, logo, brand marks, 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 solely for your personal, non-commercial use in connection with ordering food and using our services. This license does not include:

• The right to resell or make commercial use of the Website or its contents.
• The right to collect and use any product listings, descriptions, or prices.
• The right to make any derivative use of the Website or its contents.
• The right to download or copy account information for the benefit of any third party.
• The right to use data mining, robots, or similar data gathering or extraction tools.

Any unauthorized use of our intellectual property terminates the permission or license granted by Costa Vida. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our copyrighted material without our express prior written consent.

5. Payment Terms

5.1 Pricing and Payment

All prices listed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices displayed are exclusive of applicable sales taxes, service fees, and delivery charges, which will be calculated and disclosed prior to order confirmation.

By placing an order through our Website, you authorize Costa Vida and its payment processing partners to charge your selected payment method for the total amount of your order, including all applicable taxes and fees. We accept major credit and debit cards, and any other payment methods made available through the Website at the time of your transaction.

5.2 Order Confirmation and Accuracy

Receipt of an order confirmation does not constitute acceptance of your order. Costa Vida reserves the right to cancel or refuse any order at any time for any reason, including but not limited to product unavailability, pricing errors, or suspected fraudulent activity. In the event of a cancellation, we will notify you promptly and issue a full refund to your original payment method.

5.3 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of your order and the timing of your cancellation request. Generally, orders that have been prepared or are in process may not be eligible for cancellation or refund. For specific refund requests or complaints regarding order quality, please contact us at [email protected] within a reasonable time of receiving your order.

5.4 Taxes

You are responsible for paying all applicable federal, state, and local taxes associated with your purchases. Costa Vida will collect and remit applicable sales taxes in accordance with United States tax laws and the laws of the state(s) in which we operate.

6. Disclaimers

6.1 As-Is Basis

THE WEBSITE AND ALL SERVICES PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Warranty of Accuracy

Costa Vida does not warrant that the information, content, materials, products, or services included on or otherwise made available to you through the Website are accurate, complete, reliable, current, or error-free. Menu items, pricing, hours of operation, and nutritional information are subject to change without notice. Nutritional and allergen information provided on the Website is for general informational purposes only and may not reflect actual product content due to ingredient variations, supplier changes, or preparation methods.

6.3 Food Allergen Disclaimer

While Costa Vida makes reasonable efforts to identify and disclose common food allergens in our menu items, we cannot guarantee that our food is free from allergens or cross-contamination. Our kitchen facilities handle a variety of ingredients that may include common allergens such as peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. Customers with food allergies or dietary restrictions are strongly encouraged to consult with our staff directly before ordering and to make informed decisions about the suitability of our products for their individual dietary needs.

6.4 Third-Party Content and 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 or services. We do not warrant the offerings of any such third parties or their websites.

7. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS AVAILABLE 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.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.

8. 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 of the Website or services in a manner inconsistent with these Terms.
• Your violation of any applicable federal, state, or local law or regulation.
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights.
• Any content or information you submit, post, transmit, or make available through the Website.
• Your negligent or willful misconduct.
• Any dispute between you and any third party in connection with your use of our services.

Costa Vida reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Costa Vida in asserting any available defenses.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and applicable state law, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of or related to these Terms or the Website that is not subject to mandatory arbitration as set forth in Section 10 shall be instituted exclusively in the federal courts of the United States or the courts of the state in which Costa Vida's principal place of business is located. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Costa Vida's services are intended for use by residents of the United States. We make no representations that the Website or services are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida at [email protected] to describe your concern and attempt to resolve the matter informally. Costa Vida will make reasonable efforts to address your concern within thirty (30) days of receiving your notice. If the dispute is not resolved to your satisfaction within thirty (30) days, you may proceed with formal dispute resolution as described below.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND COSTA VIDA HAVE AGAINST EACH OTHER ARE RESOLVED.

Except for disputes that qualify for small claims court, you and Costa Vida agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the services offered by Costa Vida — including the formation, interpretation, breach, or termination of these Terms — shall be resolved by binding arbitration administered by a recognized arbitration organization (such as the American Arbitration Association) in accordance with its then-current rules, rather than in a court of law.

The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Costa Vida agree otherwise in writing, 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.

10.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claims qualify, so long as the matter remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.

10.5 Waiver of Jury Trial

YOU AND COSTA VIDA EACH WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with Costa Vida. You may terminate your account at any time by contacting us at [email protected] and requesting account deletion.

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of the Website and services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:

• Breach of these Terms of Service.
• Requests from law enforcement or other government agencies.
• Discontinuation or material modification of the Website or services.
• Unexpected technical or security issues or problems.
• Participation in fraudulent or illegal activities.
• Non-payment of amounts owed to Costa Vida.

Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

12. Changes to Terms of Service

Costa Vida reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. When we make material changes to these Terms, we will notify you by updating the "Last Updated" date at the top of this page and, where feasible, by providing additional notice such as sending an email to the address associated with your account or posting a prominent notice on the Website.

Your continued use of the Website and services after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to the revised Terms, you must discontinue your use of the Website and services immediately and may contact us to request account deletion.

We encourage you to review these Terms periodically for any updates. The most current version of these Terms will always be available on this page and will supersede all prior versions.

13. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, disclose, and protect your personal information. By using our Website and services, you consent to the collection and use of your information as described in our Privacy Policy.

Costa Vida complies with applicable United States federal and state privacy laws, including the Federal Trade Commission Act (FTC Act) and, where applicable, the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents. California residents have specific rights regarding their personal information, including the right to know, the right to delete, and the right to opt out of the sale of personal information. For more information, please refer to our Privacy Policy or contact us at [email protected].

14. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent 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, and these Terms shall be construed to give effect to the parties' intentions as reflected in the original Terms to the maximum extent possible.

The failure of Costa Vida to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver of any default shall not be deemed a waiver of any subsequent default of the same or different kind. Any waiver by Costa Vida of any right under or arising out of these Terms must be in writing and signed by an authorized representative of Costa Vida to be effective.

15. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or agreements published by Costa Vida on the Website, constitute the entire agreement between you and Costa Vida concerning the Website and services and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Costa Vida relating to the subject matter hereof.

No modification of these Terms shall be binding unless made in writing and signed by an authorized representative of Costa Vida, except as expressly provided herein with respect to Costa Vida's right to update these Terms unilaterally.

16. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil commotion, government action, labor disputes, power outages, internet failures, supply chain disruptions, or any other circumstances beyond Costa Vida's reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, Costa Vida shall be excused from performance to the extent that such performance is prevented or delayed, and shall not be held liable for any resulting damages or losses.

17. Electronic Communications

By using the Website and services, you consent to receive electronic communications from Costa Vida, including order confirmations, promotional emails, account notifications, and other communications related to our services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of receiving promotional emails at any time by following the unsubscribe instructions included in each promotional email or by contacting us at [email protected]. Please note that opting out of promotional communications will not prevent you from receiving transactional or service-related communications from us.

18. Accessibility

Costa Vida is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines. If you experience any difficulty accessing our Website or any of our services, please contact us at [email protected] and we will make reasonable efforts to assist you and address any accessibility barriers.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within a reasonable period of time. For urgent matters related to food safety, allergic reactions, or order emergencies, please contact us immediately via email at [email protected].