Terms of Service

Please read these Terms of Service carefully before using the website mexicancostavida.click 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 with any part of these terms, you must discontinue use of our website and services immediately.

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 located at mexicancostavida.click (the "Website"), including all content, features, services, and functionality offered on or through the Website.

By accessing the Website, creating an account, placing a food order, subscribing to any promotional communications, or otherwise interacting with our digital or physical services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms;
• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or guardian consent;
• You have the legal capacity and authority to enter into this Agreement;
• Your use of the Website and services complies with all applicable federal, state, and local laws and regulations of the United States.

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

We reserve the right to amend, modify, or update these Terms at any time, and such changes shall become effective upon posting to the Website. Your continued use of the Website following any modifications constitutes your acceptance of the revised Terms. We strongly encourage you to review these Terms periodically.

2. Description of Services

Costa Vida is a food service business operating within the United States, offering customers the ability to browse menu items, place online food orders, access nutritional and allergen information, view promotional offers, and engage with our brand digitally through the Website at mexicancostavida.click.

Our services include, but are not limited to, the following:

• Online Ordering: Customers may browse our menu and place orders for food and beverages for pickup or delivery through the Website or third-party platforms we may partner with.
• Menu Information: We provide descriptions, pricing, ingredient information, and allergen notices for food items available at our locations.
• Promotional Content: We may offer special deals, discount codes, loyalty rewards, and promotional offers through the Website, email communications, or affiliated platforms.
• Customer Account Management: Users may create and manage accounts to track order history, save preferences, and receive personalized offers.
• Nutritional Information: We strive to provide accurate nutritional and dietary information to assist customers in making informed food choices.
• Customer Support: We offer customer service assistance regarding orders, complaints, inquiries, and general questions via the contact information provided herein.

All services are provided subject to availability. We reserve the right to modify, suspend, discontinue, or restrict access to any aspect of our services at any time without prior notice or liability. We do not guarantee that the Website or any services will be available at all times or free from errors, interruptions, or technical difficulties.

Food items offered through the Website are subject to availability at individual locations. Menu items, prices, and availability may vary by location and are subject to change without notice. Images of food products displayed on the Website are for illustrative purposes only and may not exactly represent the final product delivered to you.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Website and our services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality and security of your account credentials, including your password;
• Notify us immediately at [email protected] if you suspect unauthorized use of your account;
• Use the Website and services solely for lawful, personal, and non-commercial purposes unless expressly authorized in writing by Costa Vida;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances, including but not limited to those governing food safety, consumer protection, and electronic commerce;
• Refrain from misrepresenting your identity or affiliation with any person or entity;
• Ensure that any content or information you submit through the Website is accurate and does not violate the rights of any third party.

3.2 Prohibited Activities

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

• Using the Website or services for any fraudulent, deceptive, unlawful, or malicious purpose;
• Attempting to gain unauthorized access to any portion of the Website, server, database, or network connected to the Website;
• Using automated tools, bots, scrapers, spiders, or other data harvesting technologies to collect information from the Website without our prior written consent;
• Transmitting viruses, malware, ransomware, Trojan horses, or any other harmful or disruptive code through the Website;
• Engaging in any activity that disrupts, degrades, or interferes with the performance, security, or functionality of the Website or associated servers;
• Reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Website or any underlying software;
• Copying, reproducing, distributing, or creating derivative works from any content on the Website without explicit prior written permission from Costa Vida;
• Posting, uploading, or transmitting any content that is defamatory, obscene, harassing, threatening, discriminatory, or otherwise objectionable;
• Using the Website to solicit or collect personal information from other users without authorization;
• Impersonating Costa Vida, our employees, representatives, or any other person or entity;
• Placing fraudulent, fictitious, or bad-faith orders or submitting false complaints;
• Engaging in any activity that violates the Federal Trade Commission Act, the Computer Fraud and Abuse Act (18 U.S.C. § 1030), the CAN-SPAM Act, or any other applicable federal or state law.

Costa Vida reserves the right to investigate suspected violations of these Terms and to take any action deemed appropriate, including suspending or terminating your account, reporting violations to law enforcement authorities, and pursuing all available legal remedies.

4. Intellectual Property Rights

The Website and all of its content, including but not limited to text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and underlying source code (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 the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and trade secret law.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes in connection with the services we offer. This license does not include:

• The right to sell, redistribute, or commercially exploit any Content;
• The right to modify, adapt, translate, or create derivative works based on the Content;
• The right to remove or alter any copyright, trademark, or other proprietary notices;
• Any right to sublicense the rights granted herein to any third party.

All trademarks, service marks, trade names, logos, and brand identifiers displayed on the Website, including the name "Costa Vida," are the registered or unregistered trademarks of Costa Vida or its licensors. Unauthorized use of any trademarks or service marks associated with Costa Vida is strictly prohibited and may constitute trademark infringement under applicable law.

If you believe that any Content on the Website infringes your copyright, please contact us at [email protected] with a detailed notice pursuant to the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, including your identification, a description of the allegedly infringing material, and your contact information.

5. Payment Terms

Where the Website facilitates online food ordering, the following payment terms shall apply:

5.1 Pricing

All prices listed on the Website are denominated in United States Dollars (USD) and are subject to applicable federal, state, and local taxes, as well as any applicable delivery or service fees. Prices are subject to change without notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

5.2 Payment Methods

We accept payment via major credit cards, debit cards, and any other payment methods expressly indicated on the Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize Costa Vida to charge the total amount of your order, including taxes and applicable fees, to your chosen payment method.

5.3 Order Confirmation

An order is not confirmed until you receive an electronic order confirmation from Costa Vida. We reserve the right to cancel or refuse any order at our sole discretion, including in cases of suspected fraud, pricing errors, or product unavailability.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. However, if you receive an incorrect, incomplete, or unsatisfactory order, please contact us at [email protected] within 24 hours of receipt. We will review your complaint and, at our sole discretion, may offer a refund, replacement, or store credit. Chargebacks initiated without first contacting Costa Vida may result in account suspension.

5.5 Promotional Codes and Discounts

Promotional codes, coupons, and discounts are subject to specific terms and conditions communicated at the time of issuance and may not be combined with other offers unless expressly stated. Costa Vida reserves the right to revoke or modify promotional offers at any time without prior notice.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ITS CONTENT, AND ALL SERVICES PROVIDED BY COSTA VIDA ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE SUITABILITY, SAFETY, OR QUALITY OF ANY FOOD PRODUCTS BEYOND APPLICABLE REGULATORY STANDARDS.

Nutritional and allergen information provided on the Website is based on standard recipes and may vary due to ingredient substitutions, preparation methods, supplier changes, or cross-contamination during preparation. Customers with severe food allergies or medical dietary restrictions are strongly advised to contact us directly before placing an order. Costa Vida does not assume liability for allergic reactions or adverse health effects resulting from consumption of food products where allergen information was clearly disclosed or where the customer failed to disclose relevant dietary restrictions.

Nothing in this Section shall limit or exclude liability that cannot be excluded under applicable United States federal or state law, including the Federal Trade Commission Act, which prohibits unfair or deceptive acts or practices in commerce.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

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

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE STATE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida, its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, contractors, licensors, and successors (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:

• Your access to or use of the Website or services in violation of these Terms;
• Your breach of any representation, warranty, or obligation set forth in these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or the rights of any third party;
• Any content, information, or materials you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and another user of the Website or any third party.

Costa Vida reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Costa Vida in asserting any available defenses. You shall not settle any claim without the prior written consent of Costa Vida.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Costa Vida's primary operations are conducted, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.

Subject to the Dispute Resolution provisions set forth in Section 10 below, you agree that any legal action, suit, or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in 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.

The following federal laws are particularly applicable to your use of our services:

• Federal Trade Commission Act (15 U.S.C. § 41 et seq.): Governing unfair or deceptive trade practices;
• Electronic Communications Privacy Act (18 U.S.C. § 2510 et seq.): Governing electronic data privacy;
• Computer Fraud and Abuse Act (18 U.S.C. § 1030): Governing unauthorized access to computer systems;
• CAN-SPAM Act (15 U.S.C. § 7701 et seq.): Governing commercial electronic communications;
• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): Applicable to users who are California residents, providing specific privacy rights.

If you are a California resident, you may have additional rights under the CCPA/CPRA, including the right to know what personal information is collected, the right to delete personal information, and the right to opt out of the sale or sharing of personal information. Please refer to our Privacy Policy for additional details.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Costa Vida at [email protected] and provide a written description of the dispute, your desired resolution, and your contact information. The parties agree to make good faith efforts to resolve the dispute informally within thirty (30) calendar days of receipt of the notice. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as set forth below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS INVOLVING INTELLECTUAL PROPERTY INFRINGEMENT, INJUNCTIVE RELIEF, OR AS OTHERWISE PROVIDED BY APPLICABLE LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES, AS AMENDED FROM TIME TO TIME.

The arbitration shall be conducted in the English language. 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 at a location mutually agreed upon by the parties, or via remote means if agreed.

10.3 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 ACTION. Unless both you and Costa Vida agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

10.5 Time Limitation on Claims

TO THE EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. CLAIMS NOT FILED WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or any of our services, unless earlier terminated in accordance with this Section.

11.2 Termination by You

You may terminate your account or discontinue use of the Website 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, including outstanding payment obligations.

11.3 Termination by Costa Vida

Costa Vida reserves the right to suspend, restrict, or terminate your access to the Website and services, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in fraudulent, abusive, or illegal activity;
• Requests by law enforcement or government authorities;
• Technical, security, or operational requirements;
• Discontinuation of the Website or services as a business decision.

11.4 Effects of Termination

Upon termination of these Terms or your account, your right to access and use the Website shall immediately cease. Sections of these Terms that by their nature should survive termination, including Sections 4 (Intellectual Property), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability), shall survive any termination.

12. Changes to Terms

Costa Vida reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where practicable, provide additional notice through the Website or via email to the address associated with your account.

It is your responsibility to review these Terms periodically for any changes. Changes to these Terms will become effective as of the date they are posted on the Website. Your continued use of the Website or services after the posting of revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must immediately cease all use of the Website and services.

For significant changes, we will endeavor to provide at least thirty (30) days' advance notice. However, changes required to comply with applicable law or to address security issues may be implemented immediately without prior notice.

13. Additional Provisions

13.1 Third-Party Links and Services

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly encourage you to review the terms and privacy policies of any third-party sites you visit. Inclusion of any link on the Website does not imply endorsement, approval, or responsibility for the linked site or its content.

13.2 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how we collect, use, store, and protect your personal information, including your rights under applicable laws such as the CCPA/CPRA for California residents and applicable FTC guidelines. We encourage you to review our Privacy Policy carefully.

13.3 Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements 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 agreements, representations, warranties, and understandings, whether oral or written, relating to the subject matter hereof.

13.4 No Waiver

The failure of Costa Vida to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Costa Vida. No waiver shall be construed as a continuing waiver or a waiver of any other or subsequent breach.

13.5 Assignment

You may not assign, delegate, or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Costa Vida. Costa Vida may freely assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets, or by operation of law, without notice or your consent. These Terms shall inure to the benefit of and be binding upon the parties and their respective permitted heirs, successors, and assigns.

13.6 Force Majeure

Costa Vida shall not be liable for any failure or delay in the 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, pandemic, epidemic, government orders, labor strikes, power failures, internet outages, or acts of terrorism ("Force Majeure Event"). Costa Vida shall provide notice of the Force Majeure Event and shall use commercially reasonable efforts to resume performance as soon as practicable.

13.7 Electronic Communications

By using the Website, you consent to receive electronic communications from Costa Vida, including email messages, in-app notifications, and website postings, in connection with your use of our services. You agree that all agreements, notices, disclosures, and other communications that Costa Vida provides electronically satisfy any legal requirement that such communications be in writing.

14. Severability

If any provision of these Terms of Service is held to be invalid, illegal, unlawful, void, or unenforceable by a court of competent jurisdiction or arbitrator under applicable law, such provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect without being impaired or invalidated in any way.

The parties agree that if any provision of these Terms is found to be unenforceable as written, the court or arbitrator shall modify such provision to the minimum extent necessary to make it enforceable while preserving to the greatest extent possible the original intent and economic effect of the parties as reflected in the original provision. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of such provision in any other jurisdiction.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, our services, or your legal rights, please do not hesitate to contact us using the information below. We are committed to addressing your inquiries promptly and professionally.

For legal notices or formal disputes, please send written correspondence to our email address at [email protected] with the subject line "Legal Notice — Terms of Service." We will acknowledge receipt of legal notices within five (5) business days.

For general customer service inquiries, including order issues, refund requests, or feedback about our food products, please contact us at [email protected]. Our customer support team is dedicated to resolving your concerns in a timely and satisfactory manner.