Terms of Service

Please read these Terms of Service carefully before using the website located at costavida-eat.click or any services offered by Costa Vida. By accessing or using our website and services, you agree to be bound by these Terms of Service. 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 costavida-eat.click (the "Website"), placing an order, creating an account, or interacting with any service provided by Costa Vida ("Company," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), along with our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding agreement between you and Costa Vida. If you are using our Website or services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" or "your" refers to that entity.

You must be at least eighteen (18) years of age to use our Website or place orders through our platform. By using our services, you represent and warrant that you meet this age requirement. We reserve the right to refuse service to anyone at any time for any lawful reason.

Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.

2. Description of Services

Costa Vida is a food service business operating in the United States. Through our Website at costavida-eat.click, we offer the following services and functionalities:

• Online Menu Browsing: Users may browse our full menu of food and beverage offerings, including descriptions, ingredients, and pricing information.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability and applicable service areas.
• Account Creation and Management: Users may create personal accounts to manage their preferences, order history, saved payment methods, and loyalty rewards where applicable.
• Promotions and Offers: We may periodically publish special offers, discounts, coupons, and promotional deals through our Website.
• Customer Support: Users may contact our customer support team through the Website or via email for assistance with orders, complaints, or general inquiries.
• Nutritional Information: We provide general nutritional and allergen information to help customers make informed dietary decisions.
• Catering Services: We may offer catering services for events and group orders, subject to availability and advance scheduling requirements.

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

All food items and services are subject to availability. Prices, menu items, and service offerings may vary by location and are subject to change without notice. Images displayed on the Website are for illustrative purposes only and may not represent the exact appearance of the final product.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order.
• Maintain the confidentiality of your account credentials and immediately notify us 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.
• Promptly update your account information to keep it accurate and current.
• Accept responsibility for all activities that occur under your account.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or services for any unlawful purpose or in violation of any federal, state, or local law or regulation.
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, or any computer systems or networks connected to our services.
• Use any automated tools, bots, scrapers, crawlers, or similar technologies to access, collect, or copy content from the Website without our express written permission.
• Submit false, misleading, or fraudulent information, including false orders, fake reviews, or inaccurate payment information.
• Engage in any activity that could damage, disable, overburden, or impair the functionality of the Website or its servers.
• Transmit any viruses, malware, ransomware, or other harmful code through or in connection with the Website.
• Engage in any form of harassment, abuse, or threatening behavior toward our staff, other users, or any third parties through the Website.
• Attempt to reverse engineer, decompile, or disassemble any software or technology underlying the Website.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its services without our express written consent.
• Impersonate any person or entity or falsely represent your affiliation with any person or entity.
• Use our services in any manner that could create liability for Costa Vida or harm our reputation, brand, or business relationships.
• Collect or harvest personal information of other users without their consent.
• Post or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable.
• Circumvent or attempt to circumvent any security features, payment systems, or access controls of the Website.

Violation of any prohibited activities may result in the immediate termination of your account and access to our services, and may expose you to civil or criminal liability under applicable law.

4. Account Registration and Security

To access certain features of our Website, including placing orders and managing preferences, you may be required to create an account. When creating an account, you agree to provide truthful and accurate information. You are solely responsible for maintaining the confidentiality of your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account.

Costa Vida reserves the right to terminate or suspend accounts at its sole discretion, including but not limited to cases where we believe that user conduct violates these Terms or is harmful to other users, third parties, or the interests of the Company.

You may not transfer or assign your account to any other person or entity. Each user is permitted to maintain only one active account at a time unless otherwise authorized by us in writing.

5. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof (collectively, "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected by United States copyright law, trademark law, trade dress, patent law, and other applicable intellectual property laws and international treaties.

The Costa Vida name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates. You may not use such marks without the prior written permission of Costa Vida. All other names, logos, product and service names, designs, and slogans on the 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 personal, non-commercial purposes in accordance with these Terms. This license does not include:

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

Any unauthorized use of the Website or its Content terminates the permission or license granted by Costa Vida. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit our Content without our prior written consent.

If you believe that any content on the Website infringes upon your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement in accordance with the Digital Millennium Copyright Act (DMCA).

6. Payment Terms

When placing an order through our Website, you agree to pay all charges incurred by you or on your behalf in connection with the order, including the cost of food items, applicable taxes, service fees, and delivery charges where applicable.

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change at any time without notice.

By submitting payment information, you represent and warrant that:

• You are authorized to use the payment method you provide;
• The payment information you provide is accurate and complete;
• You will promptly update your payment information as necessary to ensure the completion of your order.

We use industry-standard encryption and secure payment processing systems to protect your financial information. We do not store your full credit card or debit card numbers on our servers. All payment processing is handled through third-party payment processors who comply with applicable Payment Card Industry Data Security Standards (PCI-DSS).

In the event of a failed payment, we reserve the right to cancel your order. We are not responsible for any fees, penalties, or charges that your financial institution may impose in connection with your payment.

6.1 Refund and Cancellation Policy

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, including incorrect items, quality concerns, or missing items, please contact us within twenty-four (24) hours of receiving your order at [email protected]. We will review your claim and, at our discretion, may offer a refund, credit, or replacement.

Order cancellations must be made before the order has been prepared. Once preparation has commenced, cancellations may not be accepted and refunds may not be issued. We reserve the right to decline refund requests that do not meet our refund eligibility criteria.

7. Third-Party Services and Links

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We provide these links for convenience only and do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party services.

We may also use third-party delivery platforms, payment processors, and service providers to facilitate certain aspects of our services. Your use of such third-party services is subject to their respective terms and conditions and privacy policies. We encourage you to review the terms and privacy policies of any third-party services you use in connection with our platform.

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 third-party content, goods, or services available through any third-party links or platforms.

8. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, INFORMATION, AND MATERIALS 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 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, 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 FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION ON THE WEBSITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

Costa Vida does not warrant or make any representations regarding the use or the results of the use of the Website in terms of their correctness, accuracy, reliability, or otherwise. Nutritional and allergen information provided on the Website is intended as a general guide only and may not account for all variables including preparation methods, ingredient substitutions, or cross-contamination. Users with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such states, our warranties are limited to the minimum extent permitted by applicable law.

9. 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, SUPPLIERS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR SERVICES;
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
• ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

10. Indemnification

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

• Your access to or use of the Website or services;
• Your violation of any provision of these Terms;
• Your violation of any third-party rights, including any intellectual property rights, privacy rights, or proprietary rights;
• Your violation of any applicable federal, state, or local law or regulation;
• Any content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraud;
• Any misrepresentation made by you in connection with your use of the Website or services.

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

11. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the laws of the applicable state in which Costa Vida 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 Website or services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding.

These Terms are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), which prohibits unfair or deceptive acts or practices in or affecting commerce. Nothing in these Terms is intended to waive any rights you may have under applicable federal or state consumer protection laws.

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) with respect to your personal information. Please refer to our Privacy Policy for more information about how we collect, use, and protect your personal data.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Costa Vida at [email protected] and attempt to resolve any dispute informally. We will use reasonable efforts to resolve your complaint within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that period, either party may pursue formal dispute resolution as set forth below.

12.2 Binding Arbitration

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

Except for disputes that qualify for small claims court, 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 your use of the Website or services, shall be resolved exclusively by binding arbitration administered in the United States in accordance with the rules of a recognized arbitration body. The arbitration shall be conducted in English.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Costa Vida agree otherwise, 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.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, the following disputes are not subject to mandatory arbitration:

• Claims seeking emergency injunctive or other equitable relief to prevent irreparable harm;
• Claims related to the infringement, misappropriation, or violation of intellectual property rights;
• Claims that may be brought in small claims court under applicable law.

13. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or services. We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and services at any time, for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Conduct that we determine, in our sole discretion, to be harmful to other users, third parties, or the interests of Costa Vida;
• Extended periods of account inactivity;
• Fraudulent, abusive, or otherwise unacceptable use of the Website or services.

Upon termination, your right to access and use the Website and services will immediately cease. We reserve the right to refuse future access to users whose accounts have been terminated for cause. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

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

14. Changes to These Terms

Costa Vida reserves the right to modify, update, or replace these Terms at any time at its sole discretion. We will notify you of any material changes by:

• Posting the updated Terms on the Website with a revised "Last Updated" date;
• Sending an email notification to the address associated with your account, where applicable;
• Displaying a prominent notice on the Website homepage or login page.

It is your responsibility to review these Terms periodically. Your continued use of the Website or services after any changes to the Terms become effective constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must cease using the Website and services immediately.

No modification of these Terms by you shall be effective unless it is in writing and signed by an authorized representative of Costa Vida.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

The failure of Costa Vida to enforce any right or provision of these Terms shall not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Costa Vida.

16. 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. These Terms supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Costa Vida regarding the subject matter herein.

No oral or written information or advice given by Costa Vida or its employees, agents, or representatives shall create any additional warranty or in any way expand the scope of these Terms.

17. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor strikes, civil unrest, terrorism, power outages, internet disruptions, supply chain disruptions, or any other event beyond our reasonable control (collectively, "Force Majeure Events").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to resume normal operations as soon as practicable. Our obligations under these Terms shall be suspended for the duration of the Force Majeure Event to the extent that performance is prevented or delayed.

18. Accessibility

Costa Vida is committed to making its Website accessible to all users, including those with disabilities, in compliance with applicable law including the Americans with Disabilities Act (ADA). If you experience difficulty accessing any content on our Website due to a disability, please contact us at [email protected] and we will make reasonable efforts to provide you with the information or services you need in an accessible format.

19. Children's Privacy

Our Website and services are not directed to children under the age of thirteen (13), and we do not knowingly collect personal information from children under thirteen (13) years of age. If we become aware that we have inadvertently collected personal information from a child under thirteen (13), we will take immediate steps to delete such information from our records. If you believe that we may have collected information from a child under thirteen (13), please contact us immediately at [email protected].

20. Electronic Communications and Consent

By using the Website or services, you consent to receiving electronic communications from Costa Vida, including but not limited to order confirmations, account notifications, promotional materials, and legal notices. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you wish to opt out of receiving promotional communications, you may do so by following the unsubscribe instructions included in any such communication or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect the delivery of transactional communications related to your orders or account.

21. Contact Information

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

These Terms of Service were last updated on May 20, 2026. Costa Vida reserves all rights not expressly granted herein.