Terms of Service

Please read these Terms of Service carefully before using the website located at costavida-meal.top or any services offered by Costa Vida. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree to these terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website costavida-meal.top (the "Website") and all related food ordering, delivery, pickup, and associated services (collectively, the "Services").

By visiting, browsing, registering an account, placing an order, or otherwise using the Website or Services, you represent and warrant that:

• You are at least 18 years of age or, if you are between 13 and 17 years of age, you are using the Services under the direct supervision of a parent or legal guardian who also agrees to these Terms;
• You have the legal authority and capacity to enter into this binding Agreement;
• You are not prohibited by any applicable law from using the Services;
• All information you provide to us is accurate, complete, and current.

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

Costa Vida reserves the right to refuse service to any person or entity for any lawful reason at any time.

2. Description of Services

Costa Vida operates as a food service business in the United States, offering customers access to fresh, high-quality meals and food products. Our Services include, but are not limited to:

• Online Food Ordering: The ability to browse our menu, customize food items, and place orders for delivery or pickup through our Website;
• Menu Information: Detailed descriptions of available food items, ingredients, nutritional information, allergen disclosures, and pricing;
• Delivery Services: Coordination of food delivery to specified addresses within our designated service areas;
• Pickup Services: Facilitation of customer pickup orders at designated Costa Vida locations;
• Account Management: Registration and maintenance of user accounts, order history, saved preferences, and loyalty or reward programs where applicable;
• Customer Support: Assistance via email and other communication channels with respect to orders, inquiries, and feedback;
• Promotions and Offers: Access to special offers, discounts, promotional codes, and loyalty rewards programs.

Costa Vida reserves the right, at any time and in its sole discretion, to modify, suspend, or discontinue any part of the Services, including the availability of menu items, delivery zones, pricing, or promotional programs, without prior notice and without liability to you.

All food products and menu items are subject to availability. We do not guarantee that any particular item will be available at all times. Seasonal items, limited-time offers, and regional specialties may vary by location and time period.

3. User Accounts and Registration

Certain features of our Services may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Keep your account password confidential and not share it with any third party;
• Notify Costa Vida immediately at [email protected] of any unauthorized use of your account or any other breach of security;
• Accept full responsibility for all activities that occur under your account, whether or not authorized by you.

Costa Vida will not be liable for any loss or damage arising from your failure to comply with these account security obligations. You may not create an account using false information, impersonate another person, or create multiple accounts for abusive or fraudulent purposes.

4. User Obligations and Prohibited Activities

As a condition of your use of our Services, you agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You further agree to comply with all applicable federal, state, and local laws and regulations of the United States in connection with your use of the Services.

4.1 General Obligations

You agree to:

• Provide accurate delivery addresses, contact information, and payment details when placing orders;
• Be available to receive deliveries at the designated time and location;
• Treat Costa Vida staff, delivery personnel, and other users with respect and courtesy;
• Use the Services solely for personal, non-commercial purposes unless otherwise expressly agreed upon in writing by Costa Vida.

4.2 Prohibited Activities

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

• Using the Website or Services for any unlawful, fraudulent, or deceptive purpose;
• Attempting to gain unauthorized access to any portion of the Website, server, computer system, or network connected to the Website;
• Transmitting any material that is abusive, harassing, threatening, defamatory, obscene, fraudulent, or otherwise objectionable;
• Introducing any virus, malware, spyware, ransomware, or other harmful or disruptive code to the Website or our systems;
• Using any automated tools, bots, scrapers, or data mining software to extract data from the Website without our express written permission;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services;
• Placing fraudulent orders, submitting false refund requests, or engaging in any form of payment fraud or chargeback abuse;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Website;
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website for commercial purposes without our express written consent;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Collecting or harvesting personal information of other users without their consent;
• Using the Services in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Services.

Violation of any of the above prohibitions may result in immediate termination of your account and access to the Services, and may subject you to civil and/or criminal liability under applicable federal and state law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state computer crime statutes.

5. Intellectual Property Rights

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

Costa Vida's trademarks, service marks, trade names, logos, and any other proprietary designations may not be used in connection with any product or service that is not Costa Vida's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Costa Vida.

Subject to your compliance with these Terms, Costa Vida grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for your personal, non-commercial use in connection with the Services. This license does not include:

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

Any unauthorized use terminates the license granted herein. All rights not expressly granted in these Terms are reserved by Costa Vida.

If you believe that any Content on the Website infringes your copyright, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

6. Payment Terms and Pricing

6.1 Pricing and Fees

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Prices shown are exclusive of applicable taxes, delivery fees, service fees, and gratuities, which will be calculated and displayed at checkout before you complete your order.

Costa Vida reserves the right to correct any pricing errors on the Website. In the event that an item is listed at an incorrect price due to a typographical error or system error, we reserve the right to refuse or cancel any orders placed for that item, even after the order has been confirmed.

6.2 Payment Methods

We accept payment through various methods as displayed on the Website at the time of purchase, which may include major credit cards, debit cards, and other electronic payment methods. By providing payment information, you represent and warrant that:

• You are legally authorized to use the payment method provided;
• The payment information you provide is true, correct, and complete;
• You authorize Costa Vida to charge the applicable fees to your designated payment method.

6.3 Taxes

You are responsible for the payment of all applicable federal, state, and local taxes associated with your purchase. Costa Vida will collect and remit sales tax as required by applicable law.

6.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if there is an issue with your order (e.g., incorrect items, quality concerns, or missing items), please contact us at [email protected] within 24 hours of receiving your order. We will review each situation on a case-by-case basis and may, at our sole discretion, offer a refund, credit, or replacement.

Order cancellations may be possible if requested before the order has been prepared or dispatched for delivery. Once an order is in preparation, cancellations may not be possible, and no refund will be issued.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND SERVICES 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, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE SUITABILITY OF FOOD PRODUCTS FOR ANY INDIVIDUAL'S DIETARY NEEDS OR RESTRICTIONS.

7.1 Allergen and Nutritional Information Disclaimer

While Costa Vida makes reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that our food products are free from any particular allergen. Our food products are prepared in facilities that handle common allergens including, but not limited to, wheat, dairy, eggs, nuts, soy, and shellfish. Customers with food allergies or dietary restrictions are advised to contact us directly before placing an order to discuss their specific needs. Costa Vida shall not be liable for any allergic reactions or adverse health events resulting from consumption of our food products.

7.2 Third-Party Services

The Website may contain links to third-party websites, services, or content 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 strongly advise you to review the terms and privacy policies of any third-party websites you visit.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE 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, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES;
• ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE 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 THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

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

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, licensors, service providers, and successors 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 of the Website or Services in a manner not authorized by these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your infringement of any third-party right, including intellectual property rights or privacy rights;
• Any content or information you submit, post, or transmit through the Services;
• Your negligence, willful misconduct, or fraud;
• Any dispute between you and a third party relating to the Services.

Costa Vida reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with Costa Vida in the defense of any such claims. You shall not settle any claim without Costa Vida's prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with 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 of America and, to the extent applicable, the laws of the state in which Costa Vida is registered and operates, without regard to its conflict of law provisions.

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

These Terms are subject to compliance with applicable United States federal law, including but not limited to:

• The Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, governing unfair or deceptive acts or practices in commerce;
• The Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030;
• The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512;
• The Electronic Communications Privacy Act (ECPA);
• The Americans with Disabilities Act (ADA) as applicable to online services;
• Applicable state consumer protection laws.

For customers located in California, additional rights may apply under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy. California residents may have the right to request disclosure of personal information collected, request deletion of personal information, and opt out of the sale or sharing of personal information.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") informally by contacting Costa Vida at [email protected] with a written description of the Dispute, your proposed resolution, and your contact information. Costa Vida will attempt to resolve the Dispute informally within thirty (30) days of receiving your notice. If the Dispute is not resolved within thirty (30) days, either party may proceed to binding arbitration as described below.

11.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES THAT CANNOT BE RESOLVED INFORMALLY SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO LITIGATE SUCH DISPUTES IN COURT AND YOUR RIGHT TO A JURY TRIAL.

Arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

11.4 Small Claims Court Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes that are within the scope of that court's jurisdiction, provided the matter remains in small claims court and proceeds only on an individual basis.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or Services. Costa Vida reserves the right, in its sole discretion, to:

• Suspend or terminate your account and access to the Services at any time, with or without cause, and with or without notice;
• Restrict, suspend, or terminate access to certain features of the Services;
• Delete your account and all associated data in accordance with our Privacy Policy.

Grounds for termination include, but are not limited to: violation of these Terms, fraudulent activity, abusive behavior toward staff or other users, failure to pay for orders, or any other conduct that Costa Vida determines, in its sole discretion, to be harmful to the business, other users, or third parties.

Upon termination, your right to use the Services will immediately cease. You may also terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payment obligations.

The following provisions of these Terms shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination.

13. Changes to These Terms

Costa Vida reserves the right, at its sole discretion, to modify, update, or replace these Terms of Service at any time. When we make material changes to these Terms, we will provide notice by:

• Posting the updated Terms on the Website with a new "Last Updated" date;
• Sending an email notification to registered users at the email address associated with their account; and/or
• Displaying a prominent notice on the Website.

It is your responsibility to review these Terms periodically for changes. Your continued use of the Website or Services following the posting of any changes to these Terms constitutes your acceptance of those changes. If you do not agree to the modified Terms, you must discontinue using the Services and, if applicable, delete your account.

Changes to these Terms will not apply retroactively to disputes that arose before the effective date of the changes, unless both parties expressly agree otherwise.

14. Privacy Policy

Your use of the 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 the Services, you consent to the collection and use of your information as described in our Privacy Policy. We encourage you to review our Privacy Policy carefully.

For users in California, our Privacy Policy addresses your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including your right to know what personal information we collect, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or in conflict with any applicable law or regulation, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid or unenforceable provision had never been included.

The parties agree that if a court or arbitrator determines that any provision of these Terms is invalid or unenforceable, the court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the original provision to the fullest extent possible, and the remaining terms and conditions shall remain in full force and effect.

16. Waiver

No failure or delay by Costa Vida in exercising any right, power, or privilege under these Terms shall constitute a waiver of such right, power, or privilege. No single or partial exercise of any right, power, or privilege under these Terms shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver by Costa Vida of any default or breach shall not be construed as a waiver of any subsequent default or breach.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Costa Vida on the Website, 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, whether written or oral, with respect to such subject matter.

No oral or written statement, advertisement, or representation not contained in these Terms shall be binding on Costa Vida or be used to interpret or modify these Terms.

18. Force Majeure

Costa Vida shall not be liable for any delay or failure 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, government actions or restrictions, war, terrorism, civil unrest, labor disputes, supply chain disruptions, power outages, internet outages, cyberattacks, or other events outside of our reasonable control ("Force Majeure Events"). In the event of a Force Majeure Event, Costa Vida's performance obligations shall be suspended for the duration of such event.

19. Accessibility

Costa Vida is committed to ensuring that our Website and Services are accessible to all users, including those with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable accessibility standards. If you experience any accessibility barriers on our Website or have suggestions for improvement, please contact us at [email protected] so that we may address your concerns.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your rights under applicable law, or your experience with Costa Vida's Services, please do not hesitate to contact us using the information below:

We strive to respond to all inquiries within two (2) business days. For urgent matters relating to food safety, order issues, or allergen concerns, please contact us immediately via email at [email protected].