Terms of Service

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

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at vidacosta.rest, placing an order, creating an account, or engaging with any service we provide, you ("User," "you," or "your") affirm that:

• You are at least eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into a binding agreement;
• You have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference;
• You are using our Site and services for lawful purposes only, in compliance with all applicable federal, state, and local laws and regulations of the United States.

If you are accessing or using our services on behalf of a business entity, corporation, or organization, you represent and warrant that you have full authority to bind that entity to these Terms, and references to "you" shall include that entity.

These Terms constitute a legally binding contract between you and Costa Vida. Your continued use of the Site following any modifications to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Costa Vida operates as a food service business in the United States, providing customers with access to menu information, online ordering capabilities, loyalty program participation, reservation inquiries, promotional offers, and related content through its website at vidacosta.rest and any associated digital platforms or applications (collectively, the "Services").

Our Services may include, but are not limited to:

• Online Ordering: The ability to browse our menu, customize orders, and place food orders for pickup or delivery as available in your area.
• Menu Information: Access to current menu items, descriptions, pricing, allergen information, and nutritional content to the extent made available.
• Loyalty and Rewards Programs: Participation in any loyalty program, points system, or rewards structure that Costa Vida may offer from time to time.
• Catering and Group Orders: Submission of catering inquiries and bulk ordering requests for events, corporate gatherings, or group functions.
• Promotional Content: Access to special offers, coupons, limited-time promotions, and marketing materials distributed through the Site or associated email communications.
• Customer Support: Communication channels allowing you to submit inquiries, feedback, complaints, or requests related to your experience with Costa Vida.
• Account Management: The ability to create and manage a personal account, save preferences, review order history, and manage payment methods.

Costa Vida reserves the right to modify, expand, reduce, suspend, or discontinue any aspect of its Services at any time without prior notice. We do not guarantee that any particular service, menu item, feature, or functionality will remain available indefinitely.

Availability of certain services, including delivery, may vary based on your geographic location and the participation of third-party delivery partners. Costa Vida makes no guarantee regarding the availability, timeliness, or quality of third-party delivery services.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing orders;
• Maintain the security of your account credentials and notify us immediately of any unauthorized access;
• Update your account information promptly to ensure it remains accurate and complete;
• Comply with all applicable federal, state, and local laws, including but not limited to those of the United States and the specific state in which you reside or operate;
• Use the Site and Services solely for their intended purpose of engaging with Costa Vida's food services and related content;
• Respect the intellectual property rights of Costa Vida and any third parties;
• Pay all charges associated with your orders and any applicable taxes or fees in a timely manner.

3.2 Prohibited Activities

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

• Using the Site or Services for any unlawful purpose or in violation of any applicable law or regulation;
• Attempting to gain unauthorized access to any portion of the Site, server infrastructure, database, or related systems;
• Transmitting any viruses, malware, spyware, ransomware, or other malicious code through the Site;
• Engaging in scraping, crawling, data mining, or the systematic extraction of data from the Site without express written permission from Costa Vida;
• Using automated bots, scripts, or software to interact with the Site in a manner inconsistent with normal human use;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Circumventing, disabling, or otherwise interfering with security features of the Site;
• Posting, transmitting, or submitting any content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or otherwise objectionable;
• Attempting to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying structure of the Site or any software associated with it;
• Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Site;
• Collecting or harvesting any personally identifiable information from the Site;
• Using the Site to send unsolicited commercial communications (spam);
• Submitting fraudulent orders, charge-backs, or claims;
• Reselling or commercially exploiting any portion of the Services without express written authorization from Costa Vida.

Costa Vida reserves the right to investigate and prosecute violations of any of the above to the fullest extent permitted by law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

4. Account Registration and Security

Certain features of our Services may require you to create an account. When registering, you agree to provide truthful, accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account login credentials, including your username and password.

You are responsible for all activities that occur under your account, whether or not you authorized them. Costa Vida will not be liable for any loss or damage arising from unauthorized use of your account. You agree to notify Costa Vida immediately at [email protected] if you suspect any unauthorized access to or use of your account.

Costa Vida reserves the right to suspend or terminate your account at its sole discretion if it suspects any breach of security, fraudulent activity, or violation of these Terms.

5. Intellectual Property Rights

All content on the Site, including but not limited to text, graphics, logos, photographs, images, video content, audio clips, menu designs, branding elements, icons, digital downloads, data compilations, and software, is the exclusive property of Costa Vida or its content suppliers and is protected by applicable United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and other applicable intellectual property statutes.

The Costa Vida name, logo, taglines, trade dress, and all related marks are trademarks or registered trademarks of Costa Vida in the United States. You may not use any of our trademarks, trade names, or service marks without our prior written consent. Nothing in these Terms grants you any right, title, or interest in or to Costa Vida's intellectual property.

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

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

Any unauthorized use of the Site or its content immediately terminates the license granted herein. Costa Vida reserves all rights not expressly granted in these Terms.

5.1 User-Submitted Content

If you submit reviews, feedback, comments, photographs, or other content through the Site (collectively, "User Content"), 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 User Content worldwide in any media. You represent and warrant that you own or control all rights to the User Content you submit, that the content is accurate, and that its use does not violate these Terms or any applicable laws.

6. Payment Terms and Ordering

When you place an order through our Site, you agree to pay the full purchase price for the items ordered, including any applicable taxes, delivery fees, service fees, and gratuity where applicable. All transactions are processed in United States Dollars (USD).

By submitting payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information you provide is accurate and complete; and (c) you will pay all charges incurred at the prices in effect at the time of the order.

Costa Vida uses third-party payment processors to handle financial transactions. By making a purchase, you agree to the terms and conditions of the applicable payment processor. Costa Vida does not store complete credit card or payment card data on its servers.

All prices displayed on the Site are subject to change without notice. Costa Vida reserves the right to correct pricing errors. In the event of a pricing discrepancy, we will notify you before processing your order.

Refunds and cancellations are subject to Costa Vida's Refund Policy, which may be updated from time to time. In general, once an order has been confirmed and preparation has begun, cancellations and refunds may not be available. Please contact us at [email protected] for assistance with any order issues.

7. Food Allergen and Nutritional Disclaimer

Costa Vida makes reasonable efforts to provide accurate allergen and nutritional information for its menu items. However, due to the nature of food preparation — including shared equipment, preparation surfaces, and supplier variability — we cannot guarantee that any menu item is completely free from any specific allergen, including but not limited to gluten, nuts, dairy, eggs, shellfish, soy, or wheat.

If you have severe food allergies or dietary restrictions, we strongly encourage you to contact us directly before placing an order to discuss your specific needs. Costa Vida shall not be liable for any adverse health consequences arising from undisclosed allergies or dietary conditions.

8. Third-Party Links and Services

The Site may contain hyperlinks to third-party websites, platforms, or services that are not owned, operated, or controlled by Costa Vida. These links are provided for your convenience and informational purposes only. Costa Vida does not endorse, recommend, or assume any responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your use of third-party websites and services is governed by the respective terms and privacy policies of those third parties. Costa Vida shall not be liable for any damages or losses arising from your use of any third-party websites or services accessed through links on our Site.

9. Disclaimer of Warranties

THE SITE AND ALL SERVICES, CONTENT, MATERIALS, PRODUCTS, AND INFORMATION PROVIDED BY COSTA VIDA ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

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

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, COSTA VIDA'S WARRANTIES SHALL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY APPLICABLE LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA;
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY BUGS, VIRUSES, OR SIMILAR HARMFUL CODE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY;
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE.

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 TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its respective officers, directors, employees, agents, contractors, licensors, suppliers, successors, and assigns 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 or misuse of the Site or Services;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection right;
• Any content or information you submit, post, or transmit through the Site;
• Your negligence, willful misconduct, or fraudulent activity;
• Any dispute between you and a third party arising from your use of our Services.

Costa Vida reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with Costa Vida in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) 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 is registered and operates, without regard to its conflict of law provisions.

The Federal Arbitration Act governs the interpretation and enforcement of the dispute resolution provisions below. These Terms are additionally subject to applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce.

To the extent that any dispute is not resolved through arbitration as described below and must be adjudicated in court, you consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the United States, in the jurisdiction where Costa Vida's principal place of business is located. You waive any objection to such jurisdiction or venue based on inconvenient forum or any other ground.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Costa Vida at [email protected] and provide written notice describing the nature of the dispute and the relief sought. Costa Vida will attempt to resolve the dispute informally within thirty (30) days of receiving such notice. If the dispute is not resolved within that period, either party may proceed to formal dispute resolution as set forth below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES THAT MOST DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION RATHER THAN JURY TRIAL OR CLASS ACTION.

Except for claims seeking injunctive or other equitable relief and claims that may be brought in small claims court, any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect.

The arbitration shall be conducted in the English language. The arbitrator's award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) shall govern the arbitrability of all disputes.

13.3 Class Action Waiver

YOU AND COSTA VIDA EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than arbitration, YOU AND COSTA VIDA EACH WAIVE ANY RIGHT TO A JURY TRIAL and any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims that fall within the jurisdictional limits of such court, provided the matter remains in such court and proceeds only on an individual (non-class, non-representative) basis.

14. Privacy Policy

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, store, and disclose your personal information in accordance with applicable United States federal and state privacy laws. We encourage you to review our Privacy Policy carefully.

To the extent you are a California resident, your privacy rights may also be governed by the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), codified at California Civil Code § 1798.100 et seq. Please refer to our Privacy Policy for details on how to exercise your rights under applicable state privacy laws.

15. Compliance with Applicable Laws

Costa Vida operates in compliance with applicable United States federal and state laws and regulations governing food service businesses, including but not limited to:

• The Food Safety Modernization Act (FSMA), 21 U.S.C. § 2201 et seq.;
• The Federal Food, Drug, and Cosmetic Act (FD&C Act), 21 U.S.C. § 301 et seq.;
• The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., with respect to website accessibility;
• The Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2510 et seq.;
• The CAN-SPAM Act, 15 U.S.C. § 7701 et seq., governing commercial electronic communications;
• Applicable state food safety, health, and consumer protection statutes.

You agree to comply with all applicable laws in connection with your use of the Site and Services, including any laws of the state or locality in which you reside.

16. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Site or Services. Costa Vida reserves the right, in its sole discretion, to:

• Suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including your violation of these Terms;
• Disable or delete your account and any associated data;
• Refuse service to any individual or entity at any time for any lawful reason.

Upon termination of your access or account, all rights granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, indemnification obligations, disclaimers, limitations of liability, dispute resolution provisions, and governing law clauses.

You may discontinue use of the Site at any time. Termination of use does not relieve you of any obligations incurred prior to termination, including outstanding payments for orders placed.

17. Changes to These Terms

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time at its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes through a prominent notice on our Site or via email to the address associated with your account, where feasible.

Your continued use of the Site or Services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. It is your responsibility to review these Terms periodically. If you do not agree with the modified Terms, you must discontinue use of the Site and Services immediately.

Changes to these Terms shall not apply retroactively to disputes that arose before the effective date of the modification.

18. Severability

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

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Costa Vida on the Site, constitute the entire agreement between you and Costa Vida with respect to the subject matter herein and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, between you and Costa Vida relating to such subject matter.

No waiver by Costa Vida of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The failure of Costa Vida to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics, pandemics, governmental actions, war, civil unrest, labor strikes, cyberattacks, power failures, internet outages, or supplier failures. In such events, Costa Vida shall be excused from performance for the duration of the force majeure event and shall use commercially reasonable efforts to resume normal operations as soon as practicable.

21. No Agency Relationship

Nothing in these Terms shall be construed to create any partnership, joint venture, agency, franchise, or employment relationship between you and Costa Vida. You do not have any authority to make or accept any offers or representations on Costa Vida's behalf. You will not make any statement, whether on your website or otherwise, that reasonably would contradict this section.

22. Electronic Communications

By using our Site and Services, you consent to receive electronic communications from Costa Vida, including by email, text message, or through postings on the Site. You agree that all notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. You may opt out of marketing communications at any time by following the unsubscribe instructions in any marketing email or by contacting us directly.

23. Accessibility

Costa Vida is committed to making its digital services accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience difficulty accessing any portion of our Site, please contact us so we may assist you and address any accessibility barriers.

24. Contact Information

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

We strive to respond to all inquiries within five (5) business days. For urgent matters related to food safety, allergic reactions, or health emergencies, please contact the appropriate local emergency services or health authorities immediately.

These Terms of Service were last reviewed and updated on March 19, 2026. Costa Vida reserves all rights not expressly granted herein.