Terms of Service

Please read these Terms of Service carefully before using the website located at vidascosta.digital or any services offered by Costa Vida. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service. If you do not agree to all of the terms and conditions set forth herein, you must immediately discontinue use of this website and our services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website vidascosta.digital (the "Site"), as well as any related services, features, content, applications, and offerings made available by Costa Vida (collectively, the "Services").

By visiting the Site, creating an account, placing a food order, subscribing to any newsletter or promotional communication, or otherwise engaging with the Company in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall apply to both you individually and the entity you represent.

You must be at least eighteen (18) years of age to use our Services. By using the Site or placing an order, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone for any reason at any time, consistent with applicable law.

2. Description of Services

Costa Vida is a food service business operating in the United States. We offer customers access to information about our food products and menu offerings, as well as the ability to place online orders, view nutritional information, locate restaurant or pickup locations, and engage with promotional content through our website and associated digital platforms.

Our Services may include, but are not limited to, the following:

• Online Ordering: The ability to browse our menu and place orders for pickup, delivery, or catering through the Site or affiliated third-party platforms.
• Account Registration: Users may create an account to manage preferences, track order history, and access loyalty or rewards programs where available.
• Nutritional and Menu Information: Informational content about our food offerings, including ingredients, allergens, and nutritional data, subject to periodic updates and variations.
• Promotional Communications: Email newsletters, special offers, discount codes, and other marketing communications, subject to user consent and applicable law.
• Catering Services: Availability of bulk or group ordering options for events and gatherings, subject to separate terms and availability.
• Customer Support: Assistance channels for addressing inquiries, complaints, and feedback related to our products and services.

Costa Vida reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, and without liability to you. We also reserve the right to impose limits on certain features or restrict access to parts or all of the Services without notice or liability.

Menu availability, pricing, hours of operation, and the availability of specific food items may vary by location and are subject to change without prior notice. Costa Vida does not guarantee the availability of any particular menu item at any specific time or location.

3. User Obligations and Prohibited Activities

By using our Services, you agree to use the Site and all related features solely for lawful purposes and in a manner consistent with all applicable federal, state, and local laws, regulations, and ordinances. You further agree to comply with all applicable provisions of the Federal Trade Commission Act ("FTC Act"), any applicable state consumer protection statutes, and, where applicable, the California Consumer Privacy Act / California Privacy Rights Act ("CCPA/CPRA").

3.1 General User Obligations

You agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security and confidentiality of your account credentials;
• Notify us immediately of any unauthorized use of your account or any other breach of security;
• Use the Services only for your personal, non-commercial purposes unless expressly authorized in writing by Costa Vida;
• Comply with any additional guidelines or rules posted on the Site from time to time.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities:

• Use the Site or Services for any unlawful purpose or in violation of any federal, state, or local law or regulation;
• Submit false, misleading, or fraudulent orders, reviews, or information;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Use automated bots, scrapers, spiders, or similar tools to access, collect, or harvest information from the Site without our express written consent;
• Attempt to gain unauthorized access to any portion or feature of the Site, or any systems or networks connected to the Site;
• Interfere with or disrupt the integrity, performance, or security of the Site or the servers or networks connected to the Site;
• Upload or transmit any viruses, malware, or other harmful code or software;
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Use the Site to send unsolicited commercial communications (spam);
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services without our express written permission;
• Post or transmit any content that is defamatory, obscene, offensive, threatening, harassing, or otherwise objectionable;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Collect personally identifiable information of other users without their consent.

Costa Vida reserves the right, at its sole discretion, to investigate and take appropriate legal or administrative action against anyone who violates these provisions, including without limitation suspending or terminating access to the Services and reporting such violations to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, 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 Site (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States and international intellectual property laws, including but not limited to copyright, trademark, trade dress, and patent laws.

The Costa Vida name, logo, and all related product and service names, design marks, and slogans are trademarks or service marks of Costa Vida. You may not use such marks without the prior written permission of Costa Vida. All other trademarks, service marks, and logos used on the Site are the property 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 Site and its Content solely for your personal, non-commercial use. This license does not include:

• The right to sublicense, sell, or commercially exploit any portion of the Site or its Content;
• Any resale or commercial use of the Site or its Content;
• The right to make derivative works of the Site or its Content;
• The use of data mining, robots, or similar data gathering and extraction tools;
• Downloading or copying account information for the benefit of another merchant or service provider.

Any unauthorized use of the Content or Site terminates the limited license granted herein. Costa Vida reserves all rights not expressly granted in these Terms.

5. Payment Terms

Where applicable, payment for orders placed through the Site or affiliated ordering platforms is subject to the following terms:

5.1 Pricing: All prices displayed on the Site are in United States Dollars (USD) and are subject to change at any time without prior notice. Costa Vida makes reasonable efforts to ensure pricing accuracy but does not guarantee that prices will be free from errors. In the event of a pricing error, Costa Vida reserves the right to cancel or refuse any order placed at an incorrect price.

5.2 Taxes: Applicable federal, state, and local taxes will be added to your order total at checkout as required by law. You are responsible for all applicable taxes associated with your purchase.

5.3 Payment Methods: Costa Vida accepts payment via major credit cards, debit cards, and other payment methods as may be made available through the Site or ordering platform. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method and that the information you provide is accurate and complete.

5.4 Order Confirmation: An order confirmation does not guarantee acceptance of your order. Costa Vida reserves the right to cancel any order at any time for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraudulent activity.

5.5 Refunds and Returns: Due to the nature of food products, all sales are generally final. If you are dissatisfied with your order, please contact us at [email protected] within a reasonable time of receiving your order to discuss any concerns. Refunds or credits may be issued at the sole discretion of Costa Vida. This policy does not affect any rights you may have under applicable consumer protection laws.

5.6 Third-Party Platforms: Orders placed through third-party delivery or ordering platforms (such as third-party apps or aggregators) are subject to the terms and conditions of those platforms, as well as these Terms. Costa Vida is not responsible for the payment processing, fees, or practices of any third-party platform.

6. Disclaimers and Warranties

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

Costa Vida does not warrant that:

• The Site or Services will be uninterrupted, error-free, or secure;
• Any defects in the Site will be corrected;
• The Site or the servers that make it available are free of viruses or other harmful components;
• The results of using the Services will meet your requirements or expectations;
• Any information, content, or materials on the Site are accurate, complete, current, or reliable.

Food and Allergen Disclaimer: Nutritional information, ingredient lists, and allergen disclosures provided on the Site are provided for informational purposes only and may not reflect real-time changes to recipes, suppliers, or preparation methods. Customers with food allergies, sensitivities, or dietary restrictions are strongly encouraged to contact us directly before placing an order. Costa Vida cannot guarantee that any menu item is entirely free from specific allergens due to shared cooking equipment, cross-contact, or ingredient variations. Consuming our products is at your own risk, and Costa Vida is not liable for any adverse reactions resulting from undisclosed allergens or dietary incompatibilities.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable law.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF COSTA VIDA TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

8. Indemnification

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

• Your use of or access to the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right;
• Your violation of any applicable federal, state, or local law, rule, or regulation;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence or willful misconduct.

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, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Costa Vida. Costa Vida will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Privacy and Data Protection

Your privacy is important to us. Costa Vida's collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy.

To the extent that you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, the right to correct, and the right to opt out of the sale or sharing of personal information. Please refer to our Privacy Policy for more information on how to exercise these rights.

We comply with applicable provisions of the FTC Act with respect to unfair or deceptive acts or practices in connection with the collection and use of consumer data.

10. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. These links are provided for your convenience and informational purposes only. 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 or services.

Your use of third-party websites and services is at your own risk, and 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly encourage you to review the terms and privacy policies of any third-party websites or services that you visit.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Services, shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law principles.

Subject to the Dispute Resolution section below, you agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States, and you hereby consent to personal jurisdiction and venue in such courts. You waive any objection based on improper venue or inconvenient forum.

To the extent that any federal law, including but not limited to the FTC Act (15 U.S.C. § 41 et seq.) or other applicable federal consumer protection statutes, applies to your use of the Services, such laws shall also govern these Terms.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida directly at [email protected] and attempt to resolve the dispute informally. Costa Vida will make reasonable efforts to respond to your concern within thirty (30) calendar days. Both parties agree to engage in good-faith discussions to attempt to resolve any dispute before escalating to formal proceedings.

12.2 Binding Arbitration

If the parties are unable to resolve a dispute informally within sixty (60) days of the initial notice, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, as modified by these Terms. The arbitration shall be conducted in the United States, in the state where Costa Vida's principal place of business is located, unless otherwise agreed by the parties. The decision of the arbitrator shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

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 ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. Unless both you and Costa Vida agree in writing, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

12.4 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for matters related to intellectual property rights, unauthorized access to the Site, or other matters where irreparable harm may result from delay.

13. Term and Termination

These Terms shall remain in full force and effect while you use the Site or Services. Costa Vida reserves the right, in its sole discretion and without notice or liability, to:

• Suspend or terminate your access to the Site or Services at any time, for any reason, including but not limited to your violation of these Terms;
• Delete or disable your account and any associated content;
• Pursue any other legally available remedies.

You may terminate your account or cease using the Services at any time by contacting us at [email protected]. Upon termination of your account, your right to use the Services will immediately cease.

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitations of liability, and the dispute resolution provisions.

14. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms at any time, at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes through the Site, by email, or by other reasonable means.

Your continued use of the Site or Services following the posting of any changes to these Terms constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically to stay informed of any updates. If you do not agree with any revised Terms, you must discontinue use of the Site and Services immediately.

No informal communication, oral statement, or prior course of dealing shall modify these Terms unless made in a formal written amendment signed by an authorized representative of Costa Vida.

15. Severability

If any provision of these Terms is held to be invalid, illegal, unenforceable, or in conflict with the law of any jurisdiction by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by any such invalidity, illegality, or unenforceability.

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision of these Terms shall only be effective if made in writing and signed by an authorized representative of Costa Vida, and shall not be deemed a waiver of any subsequent breach or default.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Costa Vida on the Site, constitute the entire agreement between you and Costa Vida with respect to your use of the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, between the parties with respect to the subject matter herein.

In the event of any conflict between these Terms and any other agreement you have entered into with Costa Vida, the terms of such specific agreement shall control with respect to the subject matter thereof.

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond Costa Vida's reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, supply chain disruptions, power outages, internet service interruptions, cyber attacks, terrorism, or any other event outside of Costa Vida's reasonable control (collectively, "Force Majeure Events"). Costa Vida will use commercially reasonable efforts to notify you of a Force Majeure Event and to resume performance as soon as reasonably practicable.

18. Electronic Communications

By using the Site or communicating with Costa Vida via electronic means, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or through posting on the Site, satisfy any legal requirement that such communications be in writing. You retain the right to withdraw your consent to electronic communications for non-transactional matters, subject to applicable law, by contacting us at the information provided below.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact Costa Vida using the information below. We are committed to addressing your inquiries promptly and transparently.

For legal notices required under these Terms, please send written correspondence to the email address listed above. Legal notices sent by email will be deemed received on the date they are sent, provided no bounce-back or non-delivery notification is received by the sender.