Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at vida-costas.top (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of the Site and our services.

1. Acceptance of Terms

By accessing the Site at vida-costas.top, creating an account, placing a food order, subscribing to any service, or otherwise interacting with Costa Vida in any capacity, you expressly agree to be legally bound by these Terms of Service, our Privacy Policy, and any additional guidelines, rules, or policies incorporated herein by reference. These Terms constitute a legally binding contract between you and Costa Vida under the laws of the United States.

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

You must be at least eighteen (18) years of age to use our services. By accepting these Terms, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. We reserve the right to request proof of age at any time.

2. Description of Services

Costa Vida is a food-related business operating in the United States, offering a variety of food products, meal options, catering services, online ordering, and related food service solutions through our website at vida-costas.top. Our services may include, but are not limited to:

• Online food ordering and delivery coordination
• In-store and curbside pickup ordering
• Catering and event meal planning services
• Loyalty program participation and rewards
• Promotional offers, discounts, and special deals
• Nutritional information and allergen disclosures
• Customer account management
• Customer support and communication services

We reserve the right to modify, expand, limit, suspend, or discontinue any aspect of our services at any time, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of specific menu items, promotions, and services may vary by location, time, and operational capacity. Costa Vida does not guarantee that all items displayed on the Site will be available at all times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of our Site and services, 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
• Promptly update your account information to keep it accurate and current
• Notify us immediately of any unauthorized access to or use of your account
• Use our services only for lawful purposes and in compliance with all applicable federal, state, and local laws and regulations
• Comply with all applicable United States food ordering and consumer protection laws
• Accept full responsibility for all activities that occur under your account

3.2 Prohibited Activities

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

• Using the Site or services for any fraudulent, deceptive, or unlawful purpose
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
• Attempting to gain unauthorized access to any portion of the Site, server, network, or database connected to the Site
• Transmitting any viruses, malware, spyware, or other harmful or disruptive code
• Using automated tools, bots, scrapers, or similar mechanisms to collect data from the Site without our express written permission
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software underlying the Site
• Submitting false, misleading, or defamatory reviews, comments, or other content
• Harassing, threatening, or intimidating our employees, agents, or other users
• Using our services to place fraudulent orders or engage in payment fraud
• Circumventing or attempting to circumvent any security measures or technological protections on the Site
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Site for commercial purposes without our express written consent
• Violating any applicable federal, state, or local laws, regulations, or ordinances
• Engaging in any conduct that restricts or inhibits any other user's enjoyment of the Site or services
• Using the Site in any manner that could damage, overburden, or impair the Site or interfere with any other party's use of the Site

Costa Vida reserves the right, in its sole discretion, to investigate any suspected violation of these Terms and to take appropriate legal action, including suspending or terminating your access, reporting conduct to law enforcement authorities, and seeking all available legal remedies.

4. Account Registration

Certain features of our Site may require you to register for an account. When you register, you agree to provide accurate, complete, and current information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify Costa Vida immediately at [email protected] if you suspect any unauthorized use of your account or any security breach. Costa Vida will not be liable for any loss or damage arising from your failure to adequately safeguard your account credentials.

We reserve the right to refuse registration, cancel accounts, or remove content at our discretion, without notice and without liability.

5. Ordering, Payment, and Pricing

5.1 Order Placement

When you place an order through our Site, you represent that you are authorized to use the payment method provided and that the information you submit is accurate and complete. All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in product or pricing information, or suspected fraud.

A confirmation of your order does not constitute our acceptance of the order. We reserve the right to cancel confirmed orders if, for example, we are unable to process your payment or fulfill the order due to supply constraints.

5.2 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable federal, state, or local taxes, delivery fees, or service charges unless expressly stated. You are responsible for all applicable taxes and fees associated with your purchase.

In the event of a pricing error on the Site, we reserve the right to cancel any orders placed at the incorrect price, even after order confirmation. We will notify you of such cancellations and provide a full refund of any charges made in connection with the canceled order.

5.3 Payment Terms

We accept major credit cards, debit cards, and other payment methods as displayed on the Site at the time of checkout. By providing your payment information, you authorize Costa Vida and/or our payment processors to charge the applicable amount to your designated payment method.

All payments are processed through secure, third-party payment processors. Costa Vida does not store your full credit card information on our servers. Your payment information is subject to the privacy policies and terms of our payment processing partners.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of order and the circumstances. If you wish to cancel an order, you must contact us as soon as possible at [email protected]. Once an order has been prepared or dispatched, cancellations may not be possible. Refunds, if applicable, will be processed within a reasonable time period using the original payment method.

6. Intellectual Property Rights

All content available on the Site, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and the overall design and layout of the Site (collectively, "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected by United States and international intellectual property laws, including the United States Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and other applicable 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. Nothing in these Terms grants you any right or license to use any trademark or service mark belonging to Costa Vida without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site solely for your personal, non-commercial purposes in connection with obtaining our food services. This license does not include the right to:

• Reproduce, distribute, or publicly display any Content
• Modify or create derivative works based on the Content
• Use any data mining, robots, or similar data gathering and extraction tools
• Download or copy account information for the benefit of any third party
• Use the Site or Content for any commercial purpose without our express written consent

Any unauthorized use of the Content or trademarks may violate copyright laws, trademark laws, privacy and publicity laws, and applicable regulations and statutes. We aggressively enforce our intellectual property rights to the fullest extent of the law.

If you believe that any content on our Site infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in compliance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

7. User-Generated Content

If you submit, post, upload, or otherwise make available any content to the Site — including reviews, comments, photographs, or feedback ("User Content") — you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media or format now known or later developed.

You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third party's rights or any applicable law. You further agree that your User Content will not be defamatory, obscene, harassing, threatening, or otherwise objectionable.

Costa Vida reserves the right, but has no obligation, to monitor, edit, or remove any User Content at our sole discretion without notice or liability.

8. Food Allergen and Nutritional Information Disclaimer

Costa Vida makes reasonable efforts to provide accurate allergen and nutritional information on our Site and in our establishments. However, food preparation processes involve shared equipment and environments, and cross-contamination may occur. We cannot guarantee that any menu item is completely free from any allergen.

If you have a food allergy, dietary restriction, or specific medical nutritional requirement, you are strongly encouraged to contact us directly at [email protected] before placing an order to discuss your needs. Costa Vida shall not be held liable for any allergic reactions, adverse health effects, or medical conditions resulting from consumption of our food products where you have failed to disclose your dietary requirements or where cross-contamination occurs despite reasonable precautions.

9. Third-Party Links and Services

Our Site may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. These links are provided solely for your convenience and informational purposes. Costa Vida does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party sites you visit. Your access to and use of third-party websites is entirely at your own risk, and Costa Vida shall not be liable for any loss or damage arising from your use of or reliance on any third-party site or service.

10. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, Costa Vida's liability will be limited to the fullest extent permitted by applicable law.

11. Limitation of Liability

The limitations of liability set forth above are fundamental elements of the basis of the bargain between Costa Vida and you. Some states do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so the above limitations may not apply to you in their entirety. In such cases, Costa Vida's liability shall be limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service
• Your use or misuse of the Site or our services
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Your User Content or any content you submit, post, or transmit through the Site
• Any negligent or wrongful conduct by you
• Any claim by a third party arising from your use of the Site or services

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

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law principles.

To the extent permitted by applicable law, any legal action or proceeding arising out of or related to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You hereby irrevocably consent to the personal jurisdiction of such courts and waive any objection that you may have to the laying of venue of any such proceeding in such courts.

These Terms are subject to applicable United States federal laws, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) for consumer protection
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030) for cybersecurity matters
• The Digital Millennium Copyright Act (17 U.S.C. § 512) for intellectual property
• The Electronic Communications Privacy Act for digital communications
• Applicable state consumer protection and food safety laws
• For users in California: the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Costa Vida at [email protected] and provide a written description of the dispute, including your name, contact information, a detailed description of the problem, and the resolution you are seeking. Costa Vida will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed with formal dispute resolution as described below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, and except as otherwise provided herein, you and Costa Vida agree that 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 the Site or services (collectively, "Disputes") shall be resolved solely by binding, individual arbitration and not in a class, representative, or consolidated action or proceeding.

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, which are available at www.adr.org. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitration shall take place in the United States, and the proceedings shall be conducted in the English language.

14.3 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. Further, 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.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or other proprietary rights. Such a request shall not waive the right to arbitrate all other claims.

15. Term and Termination

These Terms of Service are effective as of the date you first access the Site or use our services and shall remain in full force and effect unless and until terminated in accordance with these Terms.

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to the Site and our services, with or without notice, for any reason or no reason, including but not limited to:

• Your violation of any provision of these Terms
• Your engagement in any prohibited activities described herein
• Your provision of false or misleading information
• Requests by law enforcement or government agencies
• Extended periods of account inactivity
• Discontinuation or material modification of our services
• Unexpected technical or security issues

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not relieve you of any obligations incurred prior to termination, including any payment obligations.

Upon termination, the following provisions shall survive: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive termination.

16. Changes to Terms of Service

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. For material changes, we may also notify you by sending an email to the address associated with your account or by posting a prominent notice on our Site.

Your continued use of the Site or our services after any modification to these Terms constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree with the modified Terms, you must immediately discontinue your use of the Site and our services.

We encourage you to periodically review these Terms to stay informed of any updates. The most current version of these Terms will always be available at vida-costas.top.

17. Privacy Policy

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

For users located in California, our Privacy Policy addresses your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including your rights to know, delete, correct, and opt-out of the sale or sharing of your personal information.

18. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, fire, flood, earthquake, storm, governmental action, war, terrorism, civil unrest, labor disputes, power outages, internet service disruptions, or failures of third-party service providers.

In the event of a force majeure event, Costa Vida will make reasonable efforts to notify affected users and to resume normal operations as soon as practicable.

19. Electronic Communications

By using our Site and services, you consent to receiving electronic communications from Costa Vida, including but not limited to order confirmations, promotional offers, policy updates, and customer service communications. These electronic communications satisfy any legal requirement that such communications be made in writing.

You may opt out of marketing communications at any time by following the unsubscribe instructions included in any marketing email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, you will continue to receive transactional and account-related communications from us.

20. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If modification is not possible, the invalid or unenforceable provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid or unenforceable provision had never been part of these Terms.

The invalidity or unenforceability of any particular provision shall not affect the validity or enforceability of any other provision of these Terms.

21. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or policies 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 our services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Costa Vida relating to such subject matter.

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms shall be effective only if made in writing and signed by an authorized representative of Costa Vida. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach of the same or any other provision.

22. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign these Terms or any of its rights or obligations hereunder to any affiliate, successor, or in connection with any merger, acquisition, or sale of assets, without restriction and without notice to you. Any purported assignment in violation of this section shall be null and void.

23. No Third-Party Beneficiaries

Except as expressly provided otherwise in these Terms, these Terms are for the sole benefit of you and Costa Vida and do not create any third-party beneficiary rights in any other person or entity. Nothing in these Terms shall be deemed to confer any rights or remedies upon any third party.

24. Headings

The section headings used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of these Terms in any way. They are not intended to be legally binding or to constitute part of the substantive agreement between the parties.

25. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service or our services, please contact us using the following information:

We are committed to addressing your concerns promptly and will make every effort to respond to your inquiries within a reasonable timeframe. For urgent matters, please indicate the urgency in the subject line of your email communication.