Terms of Service

Please read these Terms of Service carefully before using the website located at costavidameal.click or any services provided 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 with any part of these terms, you must not use our services.

1. Acceptance of Terms

By accessing, browsing, or using the website costavidameal.click (hereinafter referred to as the "Website"), placing an order, or otherwise engaging with Costa Vida (hereinafter referred to as "Company," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (hereinafter referred to as "Terms"), our Privacy Policy, and any other policies, guidelines, or rules applicable to specific features or services offered through our Website.

These Terms constitute a legally binding agreement between you (hereinafter referred to as "User," "you," or "your") and Costa Vida. Your use of the Website and any services offered therein signifies your acceptance of these Terms in their entirety. If you are using our services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to update, modify, or replace these Terms at any time. Your continued use of the Website following the posting of any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates.

Users must be at least 13 years of age to use this Website. If you are under 18 years of age, you may only use the Website with the involvement and consent of a parent or legal guardian. By using the Website, you represent that you meet these age requirements.

2. Description of Services

Costa Vida is a food service company operating through its Website at costavidameal.click. We offer a range of food-related services and products, which may include but are not limited to:

• Online ordering of food and meal products
• Menu browsing and product information
• Meal delivery and pickup coordination
• Catering inquiries and event food services
• Loyalty and rewards programs
• Nutritional information and dietary guidance
• Customer support and service inquiries
• Promotional offers, discounts, and special deals
• Gift card and voucher services
• Newsletter and email communications

Costa Vida operates in the United States and all services, transactions, and interactions are subject to the laws and regulations of the United States, including applicable federal, state, and local laws governing food service, commerce, and consumer protection.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Availability of menu items, products, and services may vary by location and may be subject to change without notice.

Our food products are prepared in facilities that may handle common allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, and fish. It is the User's responsibility to review allergen information and consult with our team if you have specific dietary restrictions or allergies. Costa Vida shall not be held liable for any adverse reactions resulting from failure to disclose known allergies or from cross-contamination risks that have been disclosed.

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 and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access
• 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 when using our services
• Treat our staff, delivery personnel, and other users with respect and courtesy
• Ensure that someone of legal age and capable of accepting delivery is present at the designated delivery address
• Pay for all orders and services in full and in a timely manner

3.2 Prohibited Activities

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

• Using the Website or services for any unlawful, fraudulent, or deceptive purposes
• Attempting to gain unauthorized access to any part of the Website, server, or any systems connected to the Website
• Transmitting any viruses, malware, spyware, or other harmful software or code
• Engaging in any form of scraping, data mining, or automated data collection without prior written consent
• Impersonating any person or entity, including Costa Vida employees or representatives
• Using the Website to send unsolicited communications, spam, or bulk messages
• Attempting to reverse engineer, decompile, or disassemble any aspect of the Website
• Submitting false or misleading reviews, ratings, or feedback
• Exploiting promotional offers or loyalty rewards through fraudulent means
• Engaging in any activity that disrupts or interferes with the proper functioning of the Website
• Violating any intellectual property rights belonging to Costa Vida or third parties
• Using any automated system, robot, spider, or scraper to access the Website
• Attempting to circumvent any security or access control measures on the Website
• Conducting any transaction on behalf of another person without proper authorization
• Engaging in harassment, abuse, or threatening behavior toward Costa Vida personnel or other users

Violation of these prohibited activities may result in immediate termination of your account, refusal of service, and may subject you to civil and/or criminal liability under applicable United States laws, including the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and the CAN-SPAM Act (15 U.S.C. § 7701 et seq.).

4. Intellectual Property Rights

All content, materials, and intellectual property published or made available on the Website are owned by or licensed to Costa Vida and are protected under the intellectual property laws of the United States, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable laws.

The following are the exclusive property of Costa Vida and may not be used, reproduced, or distributed without prior written authorization:

• The "Costa Vida" name, logo, and all associated trademarks and service marks
• Website design, layout, graphics, and visual elements
• Menu items, recipes, and proprietary food formulations
• Written content, descriptions, and marketing materials
• Photographs, videos, and multimedia content
• Software, code, and technical infrastructure underlying the Website
• Any other proprietary information or materials

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. This license does not include the right to reproduce, distribute, publicly display, modify, create derivative works of, or exploit any content from the Website in any manner.

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. We respect intellectual property rights and will respond to valid notices in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

5.1 Pricing and Payment

All prices for food products, meals, and services are displayed in United States Dollars (USD) and are subject to change without prior notice. Costa Vida reserves the right to modify prices at any time. The price applicable to your order will be the price displayed at the time of order confirmation.

We accept various forms of payment, including major credit cards, debit cards, and any other payment methods indicated on the Website at the time of purchase. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided
• The payment information provided is accurate and complete
• You will pay all charges incurred at the applicable prices, including applicable taxes and fees

5.2 Taxes and Fees

All applicable sales taxes, service fees, delivery fees, and other charges will be added to your order total and clearly disclosed before you complete your purchase. You are responsible for all taxes applicable to transactions made through the Website in accordance with applicable federal, state, and local tax laws.

5.3 Refunds and Cancellations

Once an order has been placed and confirmed, cancellations may not be possible, particularly for food orders that are already in preparation. In cases where a refund is warranted due to an error on our part, including incorrect items delivered or unacceptable food quality, please contact us at [email protected] within 24 hours of receiving your order. Refund eligibility will be assessed on a case-by-case basis. We reserve the right to issue refunds in the form of account credits, gift cards, or original payment method at our discretion.

5.4 Promotional Offers and Discounts

Promotional offers, discount codes, and special deals are subject to their own terms and conditions. They may not be combined with other offers unless expressly stated and are subject to availability and expiration dates. Costa Vida reserves the right to withdraw or modify any promotional offer at any time.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Website or services
• Any errors, inaccuracies, or omissions in content or information provided through the Website
• Unauthorized access to or alteration of your account or data
• Statements or conduct of any third party on or through the Website
• Any food-related issues arising from undisclosed allergies or dietary requirements
• Delays or failures in delivery of food products
• Any other matter relating to the Website or services

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) MONTHS 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 certain types of damages. In such jurisdictions, Costa Vida's liability shall be limited to the greatest extent permitted by applicable law. Nothing in these Terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

7. Disclaimers

7.1 "As-Is" Basis

THE WEBSITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• WARRANTIES OF TITLE AND NON-INFRINGEMENT
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR INFORMATION

7.2 Food and Nutritional Information

Nutritional information, calorie counts, and ingredient details provided on the Website are estimates and may vary based on preparation methods, portion sizes, and ingredient variations. This information should not be relied upon as a substitute for professional nutritional or medical advice. Costa Vida makes no representations or warranties regarding the accuracy of nutritional information provided.

7.3 Third-Party Links and Services

The Website may contain links to third-party websites or services. These links are provided for convenience only and do not constitute an endorsement of such third-party websites or services. Costa Vida has no control over third-party content and accepts no responsibility for any loss or damage that may arise from your use of third-party websites or services.

7.4 FTC Compliance

All advertising, promotional materials, and endorsements on the Website comply with the guidelines established by the Federal Trade Commission (FTC) Act (15 U.S.C. § 41 et seq.). Any sponsored content, paid partnerships, or material connections will be clearly disclosed in accordance with applicable FTC guidelines.

8. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, contractors, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of, or inability to use, the Website or services
• Your violation of any provision of these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Any content or information you submit, post, or transmit through the Website
• Your negligence, willful misconduct, or fraud
• Any claim by a third party arising from your use of our services
• Any undisclosed health condition, allergy, or dietary restriction that results in harm

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

9. Governing Law and Jurisdiction

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

For consumer protection matters, these Terms are subject to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection statutes. To the extent that California law applies, these Terms are also subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq., for matters related to data privacy.

Subject to the dispute resolution provisions below, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the United States for the resolution of any disputes arising out of or relating to these Terms or your use of the Website and services. You waive any objection to the exercise of jurisdiction over you by such courts and to the venue of such courts.

If you are accessing the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Costa Vida makes no representation that the Website or services are appropriate or available for use in locations outside the United States.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms or our services informally. You must first contact Costa Vida at [email protected] and provide a detailed written description of the dispute. Costa Vida will attempt to respond within thirty (30) days. Both parties agree to negotiate in good faith for a period of at least sixty (60) days before pursuing formal legal remedies.

10.2 Binding Arbitration

If the parties are unable to resolve a dispute through informal negotiation, and except for claims that qualify for small claims court, both parties agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or our services through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

The arbitration shall be conducted by a single, neutral arbitrator. The arbitration shall take place in the United States. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of this arbitration clause.

10.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST COSTA VIDA. BY ENTERING INTO THESE TERMS, YOU AND COSTA VIDA EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

10.4 Exception for Small Claims

Notwithstanding the above, either party may bring an individual action in small claims court for disputes that fall within the applicable jurisdictional limits of such court.

11. Term and Termination

11.1 Term

These Terms of Service shall remain in full force and effect for as long as you use the Website or maintain an account with Costa Vida. Certain provisions of these Terms shall survive termination, including but not limited to intellectual property rights, indemnification, disclaimers, and limitation of liability.

11.2 Termination by You

You may terminate your account and stop using our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities that arose prior to termination, including any outstanding payment obligations.

11.3 Termination by Costa Vida

Costa Vida reserves the right to suspend or terminate your account, refuse service, or restrict access to the Website or any portion thereof, with or without notice and with or without cause, including but not limited to:

• Your violation of any provision of these Terms
• Your engagement in any fraudulent, abusive, or unlawful activity
• Your failure to pay for goods or services ordered
• Repeated chargebacks or disputed transactions without legitimate cause
• Any conduct that Costa Vida determines, in its sole discretion, to be harmful to other users, third parties, or Costa Vida's business interests

11.4 Effect of Termination

Upon termination, your right to access and use the Website and services will immediately cease. Costa Vida shall not be liable to you or any third party for any termination of your account or access to the Website. Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

12. Changes to Terms

Costa Vida reserves the right to revise, update, or modify these Terms of Service at any time and at its sole discretion. All changes are effective immediately upon posting to the Website, unless otherwise stated. We will make reasonable efforts to notify you of significant changes through one or more of the following means:

• Posting a notice on the Website homepage
• Sending an email notification to the address associated with your account
• Updating the "Last Updated" date at the top of this page
• Displaying an in-website notification or banner

Your continued use of the Website or services after any such changes have been posted constitutes your acceptance of the new Terms. If you do not agree to any revised Terms, you must immediately stop using the Website and services and, if applicable, delete your account.

We encourage you to review these Terms periodically to ensure that you are familiar with the most current version. Material changes to these Terms that significantly affect your rights will be communicated with reasonable advance notice wherever possible.

13. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share information about you when you use our Website and services. By using the Website, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), providing California residents with specific rights regarding their personal information. For questions about your privacy rights, please contact us at [email protected].

14. Accessibility

Costa Vida is committed to ensuring that our Website is accessible to all users, including individuals with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable requirements under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. If you experience any accessibility issues while using our Website, please contact us at [email protected] and we will make reasonable efforts to address your concerns.

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, unenforceable, or contrary to applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be deemed severed from these Terms. The invalidity or unenforceability of any single provision shall not affect the validity and enforceability of the remaining provisions of these Terms, which shall continue in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely achieves the economic effect and intent of the original provision.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein or agreed to in connection with specific services, 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, communications, representations, warranties, and understandings, whether oral or written, between you and Costa Vida regarding the subject matter hereof.

No waiver by Costa Vida of any right or provision in these Terms shall be deemed a further or continuing waiver of such right or provision, or a waiver of any other right or provision. Costa Vida's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms or in connection with the services if such delay or failure results from circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, or extreme weather events
• Pandemic, epidemic, or public health emergencies
• Government actions, regulations, or orders
• Labor strikes, lockouts, or industrial disputes
• Failure of third-party suppliers or service providers
• Internet or telecommunications infrastructure failures
• Acts of terrorism or civil unrest
• Any other event beyond Costa Vida's reasonable control

18. Electronic Communications

By using the Website or services and providing your contact information, you consent to receive electronic communications from Costa Vida, including transactional emails, order confirmations, receipts, customer service communications, and promotional materials (subject to your communication preferences). You acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time by following the unsubscribe instructions in any promotional email or by contacting us at [email protected]. Please note that opting out of promotional communications will not affect transactional communications related to your orders or account.

19. No Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without the prior written consent of Costa Vida. Any purported assignment in violation of this provision shall be null and void. Costa Vida may freely assign, transfer, or delegate any of its rights or obligations under these Terms, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, our services, or any other matter, please contact us using the information provided below:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters relating to food safety, health concerns, or immediate order issues, we encourage you to contact us via email at [email protected] with "URGENT" in the subject line.