Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at foodcostavida.click (the "Site") or any services offered by Costa Vida ("Company," "we," "us," or "our"). These Terms constitute a legally binding agreement between you and Costa Vida governing your access to and use of our website, online ordering platform, and all related services.

1. Acceptance of Terms

By accessing or using the Site, placing an order, creating an account, or otherwise interacting with Costa Vida's digital services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and any additional guidelines, policies, or rules that may be posted on the Site from time to time, all of which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately discontinue your use of the Site and all associated services. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes.

You represent and warrant that you are at least eighteen (18) years of age, or that you are the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. If you are accessing the Site on behalf of an organization or entity, you represent and warrant that you are authorized to bind that organization or entity to these Terms.

2. Description of Services

Costa Vida is a food service company operating in the United States. Through our website at foodcostavida.click, we provide the following services (collectively, "Services"):

• Online Menu Browsing: Visitors may view our current food offerings, including menu items, descriptions, nutritional information, allergen notices, and pricing details.
• Online Ordering: Eligible customers may place orders for food and beverages for pickup or delivery, subject to availability in their geographic area.
• Account Management: Users may create and manage personal accounts to track order history, save preferences, and access loyalty rewards or promotional offers.
• Loyalty and Rewards Program: Registered users may participate in our customer loyalty program, which allows them to earn and redeem points or rewards on qualifying purchases, subject to separate program terms.
• Promotional Offers and Coupons: The Site may feature limited-time promotions, discount codes, or special offers, which are subject to their own terms and conditions as displayed at the time of the offer.
• Customer Support: We provide customer service assistance via email and other channels listed on our Site for questions related to orders, accounts, or general inquiries.
• Catering Services: Information about and the ability to request catering services for events, subject to separate catering agreements and terms.

We reserve the right to modify, suspend, or discontinue any portion of our Services at any time, with or without notice, and without liability to you. We do not guarantee that the Site or any Service will be available at all times or without interruption.

All food items offered through our Site are subject to availability and may vary by location. Menu items, prices, and availability are subject to change without prior notice. Images of food products displayed on the Site are for illustrative purposes only and may not exactly represent the actual product served.

3. User Accounts and Registration

To access certain features of the Site, including online ordering and participation in our loyalty program, you may be required to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information as prompted during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account credentials, including your password;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other security breach.

We reserve the right to terminate or suspend your account at any time, without notice, if we reasonably believe that you have violated these Terms or engaged in fraudulent, abusive, or otherwise unlawful activity. You may not transfer or assign your account to any other person or entity without our prior written consent.

4. User Obligations and Prohibited Activities

By using our Site and Services, you agree to use them only for lawful purposes and in a manner consistent with all applicable local, state, and federal laws and regulations. You agree not to use the Site or Services to:

4.1 General Prohibited Conduct

• Violate any applicable federal, state, or local law, regulation, ordinance, or statute;
• Infringe upon or violate the intellectual property rights or privacy rights of Costa Vida or any third party;
• Engage in any form of fraud, misrepresentation, or deceptive practice;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Engage in unauthorized data collection or harvesting of any personal information from other users;
• Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site;
• Attempt to gain unauthorized access to any portion of the Site, accounts, computer systems, or networks associated with the Site;
• Use any robot, spider, scraper, or other automated means to access the Site without our express written permission;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation;
• Upload or transmit any content that contains viruses, malware, or any other harmful code;
• Use our Services for any commercial purpose not expressly authorized by us.

4.2 Ordering and Purchase Prohibitions

• Submit false, fraudulent, or duplicate orders;
• Attempt to redeem promotional offers or discount codes in a manner inconsistent with their stated terms;
• Engage in any form of coupon stacking or promotional abuse that is not expressly permitted;
• Provide false delivery or pickup information;
• Attempt to circumvent our payment systems or pricing structures.

We reserve the right to refuse service, cancel orders, or terminate accounts at our sole discretion if we determine that a user has violated any of these prohibitions or engaged in any activity that we reasonably believe is harmful to our business, other users, or third parties.

5. Intellectual Property Rights

The Site and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.1 Trademarks

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 or licensors. You must 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 Site are the trademarks of their respective owners.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site and Services solely for your personal, non-commercial use. This license does not include the right to:

• Reproduce, distribute, publicly display, or publicly perform any content from the Site;
• Modify or create derivative works based upon the Site or its content;
• Use any data mining, robots, or similar data gathering and extraction tools on the Site;
• Download (other than page caching) any portion of the Site, except as expressly permitted by us;
• Use the Site or its contents for any commercial purpose without our prior written consent.

Any use of the Site or its contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

5.3 User-Submitted Content

If you submit, post, or transmit any content through the Site (including reviews, comments, photographs, or other materials), you grant Costa Vida a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all rights to such content, that the content is accurate, and that use of the content does not violate these Terms or any applicable law.

6. Payment Terms

When you place an order through our Site, you agree to pay all applicable fees, taxes, and charges associated with your order. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method.

6.1 Pricing

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable state and local sales taxes. Prices are subject to change without notice. In the event of a pricing error, we reserve the right to cancel any orders placed at the incorrect price and notify you accordingly.

6.2 Payment Processing

We use third-party payment processors to handle payment transactions. By providing your payment information, you authorize us and our payment processors to charge the applicable amount to your selected payment method. We do not store your full credit card or payment information on our servers.

6.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you believe there is an error with your order or that you received an item that does not conform to your order, please contact us immediately at [email protected]. Refund eligibility will be determined at our sole discretion on a case-by-case basis. Delivery fees may be non-refundable once a delivery has been dispatched.

6.4 Third-Party Delivery Services

Where delivery is facilitated through a third-party delivery service, additional terms, conditions, and fees of that third party may apply. We are not responsible for any acts or omissions of third-party delivery providers.

7. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES, CONTENT, MATERIALS, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

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

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE SITE, INCLUDING MENU INFORMATION, NUTRITIONAL DATA, AND ALLERGEN INFORMATION;
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NUTRITIONAL AND ALLERGEN INFORMATION PROVIDED ON THE SITE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY. MENU ITEMS MAY BE PREPARED IN FACILITIES THAT ALSO HANDLE COMMON ALLERGENS, INCLUDING BUT NOT LIMITED TO GLUTEN, DAIRY, NUTS, SOY, AND EGGS. IF YOU HAVE A FOOD ALLERGY OR DIETARY RESTRICTION, PLEASE CONTACT YOUR LOCAL COSTA VIDA LOCATION DIRECTLY BEFORE ORDERING. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY OF ANY MENU ITEM FOR INDIVIDUALS WITH SPECIFIC DIETARY NEEDS OR ALLERGIES.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COSTA VIDA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, 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 SITE OR SERVICES;
• DAMAGES RESULTING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE;
• DAMAGES RESULTING FROM ANY CONTENT OBTAINED FROM THE SITE;
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT 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 AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow the exclusion or limitation of certain warranties or liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such states, our liability shall be limited to the fullest extent permitted by applicable state law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Site or Services, including but not limited to your online orders and any content you submit;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any rights of a third party, including but not limited to intellectual property rights or privacy rights;
• Any dispute or issue between you and any third party, including delivery service providers;
• Your negligence or willful misconduct.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You shall not settle any claim without our prior written consent.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Site, or the Services 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.

To the extent that any claim is not subject to arbitration as set forth in Section 11 below, you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located within the United States for the resolution of any such disputes. You hereby waive any objection to such jurisdiction and venue based on improper venue or inconvenient forum.

These Terms are subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and any applicable state consumer protection statutes. For users located in California, these Terms are also subject to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq., with respect to the collection and use of personal information.

Nothing in this Section shall prevent either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of any dispute.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at [email protected] and providing a written description of the dispute, your name, contact information, and the specific relief sought. We will make reasonable efforts to address your concern within thirty (30) days of receipt of your written notice. If the dispute is not resolved within thirty (30) days, either party may proceed to binding arbitration as described below.

11.2 Binding Arbitration

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

Except for claims that qualify for small claims court and except as provided in Section 11.4 below, you and Costa Vida agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Site, or the Services (including but not limited to any claims regarding the validity, enforceability, or scope of this arbitration clause) shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect, which are available at www.adr.org.

The arbitration shall be conducted in the English language. The arbitrator's award 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.

11.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. 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.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other 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. Claims that qualify for small claims court may be brought in small claims court in lieu of arbitration.

12. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Costa Vida. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. You acknowledge and agree that Costa Vida shall not be 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 such third-party content, goods, or services available through such websites or services.

We strongly encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit. The inclusion of any link on our Site does not imply our endorsement of the linked site or service.

13. Food Safety and Allergen Disclaimer

Costa Vida takes food safety seriously and strives to comply with all applicable federal, state, and local food safety regulations, including guidelines issued by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA). However, we cannot guarantee that food products will be free from all potential allergens or contaminants due to the nature of food preparation environments.

Customers with severe food allergies or specific dietary requirements are strongly encouraged to contact their local Costa Vida restaurant directly before placing an order. We make no warranty, express or implied, regarding the suitability of any menu item for individuals with particular dietary needs, health conditions, or food allergies. Nutritional and allergen information is subject to change and may vary by location and preparation method.

14. Privacy and Data Collection

Your use of the Site and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect information about you when you use our Site and Services. By using our Site, you acknowledge and agree to our data practices as described in our Privacy Policy.

To the extent applicable, for users who are California residents, your rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) are described in our Privacy Policy, including your rights to access, delete, correct, and opt out of the sale or sharing of your personal information.

15. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use the Site or maintain an account with Costa Vida. We reserve the right, in our sole discretion, to:

• Terminate or suspend your access to all or any part of the Site or Services at any time, with or without cause, with or without notice, effective immediately;
• Delete your account and all associated data in accordance with our Privacy Policy;
• Refuse service to any person for any lawful reason at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting that your account be closed. Upon termination, your right to use the Site and Services will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to Terms of Service

Costa Vida reserves the right to modify, amend, update, or replace these Terms of Service at any time and for any reason, at our sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting a notice on the Site;
• Updating the "Last Updated" date at the top of this page; and/or
• Sending an email notification to the address associated with your account, where practicable.

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

We encourage you to review these Terms every time you use the Site to ensure you understand the terms and conditions applicable to your use.

17. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or void for any reason, such provision shall be eliminated or limited to the minimum extent necessary such that the remaining provisions of these Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

In the event that any provision of the class action waiver set forth in Section 11.3 is found to be invalid or unenforceable, such provision shall be severed from these Terms and the remainder of the arbitration provisions shall remain in full force and effect; provided, however, that if the class action waiver cannot be enforced as to any particular claim, such claim shall be resolved in a court of competent jurisdiction rather than in arbitration.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions or policies published by Costa Vida on the Site, constitute the entire agreement between you and Costa Vida concerning the Site and Services, and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, between you and Costa Vida regarding the same subject matter.

No oral or written information or advice given by Costa Vida or its authorized representatives shall create a warranty or otherwise expand the scope of these Terms in any way. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Costa Vida may assign its rights and obligations under these Terms without restriction.

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach.

19. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government-imposed restrictions, labor strikes, supply chain disruptions, cyber-attacks, or any other events of force majeure. In such circumstances, we will make reasonable efforts to notify affected users and resume normal operations as soon as practicable.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to your use of the Site or Services, please reach out to us using the following contact details:

We endeavor to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to food safety or order issues, please use the email address above and include "URGENT" in the subject line.

These Terms of Service were last reviewed and updated on June 4, 2026.