Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at cost-vida.top (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). By accessing or using our Site and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By visiting, browsing, accessing, or using the website cost-vida.top, placing an order, creating an account, or otherwise interacting with Costa Vida's digital or physical services, you ("User," "you," or "your") expressly agree to comply with and be legally bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding contract between you and Costa Vida.

If you are accessing or using our services 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 your acceptance of these Terms will be deemed an acceptance by that entity. In such cases, "you" and "your" will also refer to that entity.

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 binding agreements under applicable United States law. If you are under 18, you may only use our services under the direct supervision of a parent or legal guardian who agrees to these Terms on your behalf.

Costa Vida reserves the right to modify, amend, update, or replace these Terms at any time, at our sole discretion. Continued use of the Site or services following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates.

2. Description of Services

Costa Vida is a food service company operating within the United States. Our services include, but are not limited to, the following:

• Online Ordering: Customers may place food and beverage orders through our website, cost-vida.top, for pickup or delivery where available.
• Menu Information: We provide detailed descriptions of our menu items, including ingredients, nutritional information, pricing, and promotional offers.
• Catering Services: Costa Vida may offer catering packages for events, gatherings, corporate functions, and other occasions, subject to availability and separate catering agreements.
• Loyalty and Rewards Programs: We may offer loyalty programs, promotional codes, gift cards, and reward systems that allow customers to earn and redeem benefits, subject to specific program terms.
• Customer Account Management: Users may create and manage personal accounts to track order history, save preferences, manage payment methods, and access exclusive offers.
• Third-Party Delivery Integration: We may partner with third-party delivery platforms. Please note that the terms and policies of those third-party providers apply to those services independently.
• Digital Communications: With your consent, we may send promotional emails, newsletters, push notifications, and other marketing communications.

All services are subject to availability, geographic restrictions, and applicable laws. Costa Vida reserves the right to modify, suspend, discontinue, or restrict any service, menu item, feature, or functionality at any time without prior notice or liability.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Site and services, you agree to:

• Provide accurate, complete, and current information when creating an account, placing orders, or otherwise interacting with our services.
• Maintain the confidentiality and security of your account credentials, including your username and password. You are solely responsible for all activity that occurs under your account.
• Notify Costa Vida immediately at [email protected] if you suspect unauthorized access to or use of your account.
• Comply with all applicable local, state, and federal laws and regulations while using our services.
• Use our services only for lawful, personal, and non-commercial purposes, unless expressly permitted otherwise by Costa Vida in writing.
• Respect the intellectual property rights, privacy rights, and other legal rights of Costa Vida and third parties.

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 unlawful, fraudulent, deceptive, or harmful purpose.
• Attempting to gain unauthorized access to any portion of our Site, servers, databases, computer systems, or networks through hacking, password mining, or any other means.
• Scraping, crawling, indexing, or harvesting any content or data from our Site through automated means without our prior written consent.
• Submitting false, misleading, or fraudulent orders, reviews, or information.
• Impersonating any person or entity, including Costa Vida employees, representatives, or other users.
• Transmitting any viruses, malware, ransomware, Trojan horses, or other harmful or destructive code through our Site or services.
• Engaging in any activity that interferes with, disrupts, or damages the integrity or performance of our Site, services, or servers.
• Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software used in connection with our services.
• Collecting or storing personal data of other users without their explicit consent.
• Using our Site or services to send unsolicited communications (spam) or to engage in any form of harassment or abuse.
• Engaging in any activity that violates the FTC Act or any other applicable federal or state consumer protection laws.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our services or content without our express written permission.

Violation of any of these prohibitions may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability under applicable United States law.

4. Intellectual Property Rights

All content available on cost-vida.top, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the overall compilation and arrangement of such content (collectively, the "Content"), is the exclusive property of Costa Vida or its content suppliers and is protected under applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark law, and trade dress law.

The Costa Vida name, logo, brand identity, trade dress, and all associated marks are trademarks or registered trademarks of Costa Vida. You may not use any of our trademarks, logos, or trade names without our prior written consent. Nothing in these Terms grants you any license or right to use our trademarks.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Site and Content solely for your personal, non-commercial use. This license does not include the right to:

• Modify, reproduce, or create derivative works based on our Content.
• Commercially exploit or sell any Content or services.
• Remove any copyright, trademark, or other proprietary notices from our Content.
• Frame or mirror any portion of our Site without our express written consent.

If you believe that any content on our Site infringes upon your intellectual property rights, please notify 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.

5. Payment Terms

When you place an order through cost-vida.top or otherwise make a purchase from Costa Vida, the following payment terms apply:

5.1 Pricing

All prices listed on our Site are in United States Dollars (USD) and are subject to change without notice. Prices displayed at the time of your order confirmation are the prices you will be charged, unless an error has occurred. We reserve the right to correct any pricing errors and will notify you before processing payment if such an error affects your order.

5.2 Accepted Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital payment platforms, and any other payment methods displayed at checkout. By submitting payment, you authorize Costa Vida to charge your selected payment method for the total amount of your order, including applicable taxes and fees.

5.3 Taxes

All applicable federal, state, and local sales taxes will be calculated and added to your order total at checkout, in accordance with the tax laws applicable to your location within the United States.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be issued at Costa Vida's sole discretion in cases where: (a) an order is incorrect; (b) food quality does not meet our standards; or (c) an order cannot be fulfilled. Requests for refunds must be submitted to [email protected] within forty-eight (48) hours of the order date. Costa Vida reserves the right to refuse refunds that do not meet our eligibility criteria.

5.5 Promotional Codes and Gift Cards

Promotional codes and gift cards are subject to their individual terms and conditions, including expiration dates, use restrictions, and non-transferability clauses. They have no cash value unless required by applicable state law and may not be combined with other offers unless explicitly stated.

6. Food Safety, Allergen, and Nutritional Disclaimers

Costa Vida takes food safety seriously and strives to provide accurate ingredient, allergen, and nutritional information. However, please be aware of the following:

• Nutritional information provided on our Site is based on standard recipe formulations and may vary based on serving size, preparation methods, and ingredient substitutions.
• Menu items and ingredients are subject to change without notice.
• Costa Vida does not guarantee that any menu item is free from allergens or suitable for specific dietary needs, including gluten-free, vegan, or vegetarian diets.
• Customers are solely responsible for verifying that menu items are appropriate for their specific dietary requirements and health conditions.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) our Site or services.
• Any conduct or content of any third party on or through our services.
• Any content obtained from our services.
• Unauthorized access, use, or alteration of your transmissions or content.
• Errors, inaccuracies, or omissions in any content or information on our Site.
• Food allergic reactions, food-borne illness, or adverse reactions to any food or beverage product.

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 OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

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

8. Disclaimers — "As-Is" Basis

OUR SITE 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 PERMISSIBLE UNDER APPLICABLE UNITED STATES LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability — we do not warrant that our services meet your specific requirements or expectations.
• Implied warranties of fitness for a particular purpose — we make no warranty that our services are suitable for any particular use or purpose.
• Warranties of non-infringement — we do not warrant that our Site or content does not infringe the rights of third parties.
• Accuracy and completeness — we do not warrant that information available on our Site is accurate, complete, reliable, current, or error-free.
• Uninterrupted service — we do not guarantee that our Site will be available at all times, free from errors, viruses, or other harmful components.

Any reliance you place on material provided on our Site is strictly at your own risk. Costa Vida shall not be responsible for any loss or damage arising from your reliance on information found on our Site or services.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, contractors, agents, licensors, and successors (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that the Indemnified Parties may incur as a result of or arising from:

• Your violation of these Terms or any incorporated policies.
• Your use or misuse of our Site or services.
• Your violation of any applicable federal, state, or local laws or regulations.
• Your infringement of any intellectual property rights or other rights of any person or entity.
• Any content you submit, post, transmit, or make available through our Site or services.
• Your negligent or willful misconduct.
• Any dispute between you and any third party related to our services.

Costa Vida reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Costa Vida's defense of such claim. You may not settle any indemnifiable claim without Costa Vida's prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service, and any disputes, controversies, or claims arising out of or relating to these Terms, your use of our services, or any related matters, shall be governed by and construed in accordance with the laws of the United States of America 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 or provisions.

To the extent that any dispute is not subject to mandatory arbitration as described in Section 11 below, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the applicable state of Costa Vida's principal operations for the resolution of any such dispute. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Costa Vida's services are designed and operated within the United States. We make no representation that the content or services provided through cost-vida.top are appropriate or available for use outside of the United States. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

These Terms are subject to applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other consumer protection statutes. If you are a California resident, additional rights may be available to you under the California Consumer Privacy Act (CCPA/CPRA), the California Consumers Legal Remedies Act (CLRA), and other California state laws.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute, claim, or controversy with Costa Vida informally. You must send a written notice of your claim to Costa Vida at [email protected], describing the nature of the dispute and the relief you are seeking. Costa Vida will have thirty (30) days from receipt of the notice to attempt to resolve the dispute informally. If the dispute cannot be resolved informally within that period, either party may proceed with formal dispute resolution as described below.

11.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT PROCEEDINGS, ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR YOUR RELATIONSHIP WITH COSTA VIDA SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL, BINDING ARBITRATION, RATHER THAN IN COURT. The arbitration shall be administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall take place in the state where Costa Vida's principal operations are located, or at another mutually agreed location.

11.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement in this Section 11 shall be null and void.

11.4 Exceptions

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 or confidential information, pending a final ruling by an arbitrator.

11.5 Waiver of Jury Trial

TO THE EXTENT ANY CLAIM IS NOT SUBJECT TO ARBITRATION, YOU AND COSTA VIDA BOTH WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A TRIAL BY JURY. ALL SUCH CLAIMS SHALL BE RESOLVED BY A JUDGE SITTING WITHOUT A JURY.

12. Term and Termination

These Terms shall remain in full force and effect for as long as you continue to access or use our Site or services. Either party may terminate this Agreement at any time for any reason.

12.1 Termination by You

You may terminate your relationship with Costa Vida by discontinuing use of our Site and services and, if applicable, by closing your account by contacting us at [email protected].

12.2 Termination by Costa Vida

Costa Vida reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate your access to the Site and services at any time, with or without notice, and without liability to you, if:

• You violate any provision of these Terms or any applicable law.
• We reasonably believe your conduct may harm Costa Vida, its users, or third parties.
• We cease to offer services in your area or discontinue the Site entirely.
• Payment for orders is declined or reversed through fraudulent means.

12.3 Effect of Termination

Upon termination of these Terms: (a) your license to use our Site and services will immediately cease; (b) you must cease all use of our Site and services; and (c) all provisions of these Terms that by their nature should survive termination shall survive, including without limitation, provisions relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

13. Changes to Terms

Costa Vida reserves the right to modify, update, or replace these Terms of Service 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.
• Post the revised Terms on our website at cost-vida.top.
• In some cases, send a notification to registered users via email or account notification, though we are not obligated to do so for every change.

Your continued use of our Site or services after the posting of revised Terms constitutes your acceptance of and agreement to be bound by those revised Terms. If you do not agree to the revised Terms, you must stop using our Site and services immediately. It is your responsibility to review these Terms periodically for updates.

No modification of these Terms by you shall be valid or binding unless made in writing and signed by an authorized representative of Costa Vida.

14. Third-Party Links and Services

Our Site may contain links to third-party websites, applications, services, or resources that are not owned or controlled by Costa Vida. These links are provided for your convenience only. Costa Vida has no control over, and assumes no responsibility for, the content, privacy policies, practices, or terms of any third-party sites or services. We do not endorse or make any representations about third-party sites or services.

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

15. Privacy Policy

Your use of our Site and services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in compliance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA/CPRA) for California residents and applicable FTC regulations. By using our services, you consent to our collection and use of information as described in our Privacy Policy.

For questions or requests related to your personal data, including rights of access, deletion, or opt-out, please contact us at [email protected].

16. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government restrictions, wars, terrorism, civil unrest, strikes, labor disputes, utility failures, internet outages, supply chain disruptions, or any other event of force majeure. In such circumstances, Costa Vida's obligations shall be suspended for the duration of the force majeure event, and we shall use commercially reasonable efforts to resume normal operations as soon as practicable.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, unlawful, void, or unenforceable under applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, which shall remain in full force and effect.

The parties intend for these Terms to be enforced to the fullest extent permitted by applicable law. The failure of any such provision to be deemed enforceable shall not render these Terms as a whole unenforceable, and all remaining provisions shall continue in full legal force and effect.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices, policies, or guidelines published by Costa Vida on cost-vida.top, constitute the entire agreement between you and Costa Vida with respect to your use of our Site and services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect 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. No waiver by Costa Vida of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Costa Vida.

19. No Agency or Partnership

Nothing in these Terms shall be deemed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Costa Vida. You do not have the authority to bind Costa Vida in any way, and you may not represent yourself as an agent, representative, or affiliate of Costa Vida without our express prior written consent.

20. Accessibility

Costa Vida is committed to making our digital services accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) 2.1 standards, to the extent practicable. If you experience accessibility barriers on our Site, please contact us so we can work to resolve the issue and improve your experience.

21. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your use of our services, or any other matter, please contact Costa Vida using the information below:

We strive to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety, allergens, or order-related emergencies, please contact us directly via email at [email protected].