Terms of Service

Effective Date: June 24, 2026  |  Last Updated: June 24, 2026

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), governing your access to and use of the website located at costavidagrill.click (the "Site"), including all content, features, functionality, and services offered through the Site.

By accessing, browsing, or otherwise using this Site, placing an order, subscribing to a newsletter, or interacting with any feature of the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are accessing or using the Site on behalf of a business or legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least eighteen (18) years of age to use this Site or to place any orders through it. By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Your continued use of the Site following the posting of revised Terms shall constitute your acceptance of the updated Terms. It is your responsibility to check this page periodically for any updates.

2. Description of Services

Costa Vida operates as a food service business providing customers with access to menu information, online ordering capabilities, catering inquiries, loyalty program participation, promotional offers, and general restaurant information through the Site located at costavidagrill.click.

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

• Online Menu Access: Viewing our current food and beverage menu offerings, including nutritional and allergen information where available.
• Online Ordering: Placing orders for pickup, delivery, or dine-in reservation purposes through our Site or integrated third-party platforms.
• Catering Services: Requesting catering quotes, coordinating large-event food orders, and accessing catering-specific menus.
• Promotional Offers and Loyalty Programs: Accessing exclusive promotions, discount codes, seasonal offers, and participating in any loyalty or rewards programs we may offer from time to time.
• Customer Support: Submitting inquiries, feedback, complaints, or requests through our contact channels.
• Newsletter and Communications: Subscribing to email or SMS communications regarding updates, promotions, and news related to Costa Vida.

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.

The availability of menu items, services, pricing, and promotions may vary by location, time of day, and other factors. We do not guarantee the continuous availability of any particular menu item or service.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

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

• Provide accurate, current, and complete information when creating an account, placing an order, or otherwise interacting with the Site.
• Maintain the confidentiality and security of any account credentials, passwords, or access codes associated with your use of the Site.
• Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
• Use the Site solely for lawful purposes and in a manner consistent with all applicable local, state, and federal laws and regulations.
• Comply with all applicable laws governing online conduct, electronic communications, and data privacy.

3.2 Prohibited Activities

You agree that you will NOT use the Site or any of its services to engage in any of the following activities:

• Violating any applicable local, state, federal, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), the Computer Fraud and Abuse Act (CFAA), the CAN-SPAM Act, or any consumer protection statutes.
• Transmitting, distributing, or storing any content that is unlawful, defamatory, obscene, fraudulent, harmful, threatening, abusive, harassing, or otherwise objectionable.
• Impersonating any person or entity, or falsely claiming an affiliation with any person or entity, including Costa Vida employees or representatives.
• Attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site, whether through hacking, password mining, or any other means.
• Using any automated means, including robots, spiders, scrapers, crawlers, or similar tools, to access, collect, monitor, or copy content from the Site without our prior written consent.
• Introducing any viruses, trojan horses, worms, malware, ransomware, or other harmful material that interferes with the operation of the Site or any connected networks or systems.
• Engaging in any conduct that restricts or inhibits any other user from enjoying the Site, or that, in our sole judgment, exposes us or any of our users to liability or harm.
• Using the Site or its services for any commercial purpose other than those expressly authorized by us in writing.
• Posting, submitting, or transmitting any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or pyramid schemes.
• Circumventing, disabling, or otherwise interfering with security-related features of the Site, including features that prevent or restrict use or copying of content.
• Collecting or harvesting any personally identifiable information, including account names or email addresses, from the Site without our express written consent.
• Placing fraudulent, duplicate, or fictitious orders with the intent to defraud Costa Vida or any third-party payment processors.
• Misrepresenting or omitting information about food allergies, dietary restrictions, or health conditions in a manner that could cause harm to yourself or others.

We reserve the right to investigate and take appropriate legal action against any party that violates these prohibited activity provisions, including reporting such activity to law enforcement authorities and pursuing civil remedies to the fullest extent permitted by law.

4. Intellectual Property Rights

The Site and all of its content, including but not limited to text, graphics, logos, images, photographs, menu designs, audio and video clips, digital downloads, data compilations, software, and the overall appearance and arrangement of the Site (collectively, the "Content"), are owned by or licensed to Costa Vida and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

All trademarks, service marks, trade names, logos, and other identifying marks displayed on the Site are the proprietary marks of Costa Vida or their respective third-party owners. Nothing in these Terms or on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on the Site without our prior written permission or that of the applicable third-party owner.

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

• Reproduce, distribute, publicly display, or create derivative works from any Content on the Site.
• Use the Content for any commercial purpose without our express written consent.
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in the Content.
• Use data mining, scraping, or any other automated tools to extract or collect Content from the Site.

Any unauthorized use of the Content or the Site may violate copyright, trademark, privacy, and other applicable laws and could result in civil and criminal penalties. We actively monitor and enforce our intellectual property rights.

If you believe that any Content on the Site infringes your intellectual property rights, please notify us promptly at [email protected] with a detailed description of the alleged infringement.

5. Payment Terms and Ordering

When you place an order through the Site, you agree to provide accurate and complete payment and billing information. By submitting your payment information, you authorize us, or our authorized third-party payment processors, to charge the applicable fees to your designated payment method.

All prices displayed on the Site are in United States Dollars (USD) and are subject to applicable sales taxes, service fees, and delivery charges where applicable. Prices are subject to change at any time without prior notice.

You acknowledge and agree that:

• All orders are subject to acceptance and availability. We reserve the right to refuse or cancel any order at our sole discretion.
• In the event of pricing errors or inaccuracies on the Site, we reserve the right to correct such errors and may cancel any orders placed at the incorrect price, providing you with a full refund.
• Refunds and cancellations are subject to our separate Refund and Cancellation Policy, which may be posted on the Site or communicated at the time of purchase.
• You are responsible for all charges incurred under your account, including applicable taxes, and for ensuring that the payment method you use is valid and has sufficient funds.
• We use industry-standard encryption and security protocols to protect your payment information, but we cannot guarantee absolute security against unauthorized access by third parties.
• Promotional codes, discounts, and special offers are subject to specific terms and conditions, are non-transferable, non-refundable, and may not be combined with other offers unless expressly stated.

For catering orders or large-volume purchases, separate payment arrangements, deposit requirements, and cancellation policies may apply. Please contact us at [email protected] for details regarding catering payment terms.

6. Food Allergen and Dietary Information Disclaimer

Costa Vida takes food safety and allergen awareness seriously; however, we cannot guarantee that our food products are free from any particular allergen or contaminant. Our kitchen facilities handle common allergens, including but not limited to gluten, dairy, eggs, tree nuts, peanuts, shellfish, soy, and fish.

Any allergen or nutritional information provided on the Site is offered as a general guide only and may not account for variations in preparation methods, ingredient substitutions, or cross-contamination risks at specific locations. If you have a severe food allergy or dietary restriction, we strongly encourage you to speak directly with our staff before placing any order.

Costa Vida disclaims all liability for any adverse reactions, injuries, illnesses, or damages arising from the consumption of our food products, to the maximum extent permitted by applicable law, where such conditions were not caused by our direct negligence.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, 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, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of (or inability to access or use) the Site or our services;
• Any conduct or content of any third party on the Site;
• Any content obtained from the Site;
• Unauthorized access, use, or alteration of your transmissions or content;
• Any inaccuracies, errors, or omissions in the Content on the Site;
• Any interruption, suspension, or termination of the Site or our services;
• Any claims arising from your reliance on nutritional, allergen, or dietary information provided on the Site.

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 THE SITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE SIX (6) 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 THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Disclaimers — "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND INFORMATION PROVIDED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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 UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT ON THE SITE;
• WARRANTIES THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES.

Your use of the Site and our services is entirely at your own risk. You assume full responsibility for all costs associated with any necessary maintenance, repair, or corrections required to your device or data resulting from your use of the Site.

We do not warrant or make any representations regarding the use or results of our services in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, whether oral or written, obtained by you from Costa Vida or through the Site shall create any warranty not expressly stated in these Terms.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, contractors, agents, licensors, service providers, 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 or any applicable law or regulation;
• Your use of the Site or our services in any manner not expressly authorized by these Terms;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any content you submit, post, transmit, or otherwise make available through the Site;
• Any fraudulent, deceptive, or negligent acts or omissions on your part;
• Any dispute between you and any third party arising from your use of the Site or services;
• Your misrepresentation of any information provided to Costa Vida in connection with your use of the Site.

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 agree to cooperate with our defense of such claims and will not settle any such claim without our prior written consent.

10. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, applications, or services (such as delivery partners, social media platforms, or payment processors) that are not owned or controlled by Costa Vida. These links are provided solely as a convenience to you and do not constitute an endorsement, sponsorship, or recommendation by Costa Vida of the linked third-party site or its content.

We have no control over, and assume no responsibility for, the content, privacy policies, practices, or security of any third-party websites or services. Your use of any third-party website or service is subject to that party's own terms and conditions and privacy policy. We strongly encourage you to review those policies before engaging with any third-party service.

Costa Vida shall not be liable for any loss or damage arising from your use of any third-party service or reliance on the content, goods, or services available through any such third-party link.

11. Privacy Policy and Data Practices

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site or our services, you consent to the data practices described in our Privacy Policy.

To the extent that you are a resident of California, your rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), are addressed in our Privacy Policy. These rights may include the right to know, the right to delete, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights.

For all other users in the United States, our data practices comply with applicable federal consumer protection laws enforced by the Federal Trade Commission (FTC), including but not limited to the FTC Act, which prohibits unfair or deceptive acts or practices in connection with the collection and use of consumer data.

12. Governing Law and Jurisdiction

These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our 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 any conflict of law principles that would require the application of the law of any other jurisdiction.

Subject to the Dispute Resolution provisions in Section 13, you consent to the exclusive personal jurisdiction of the state and federal courts located within the applicable state of Costa Vida's principal business operations for the purpose of litigating any dispute not subject to arbitration, and you irrevocably waive any objection to the laying of venue in such courts and waive any claim that any such action or proceeding has been brought in an inconvenient forum.

You acknowledge that any violation of Costa Vida's intellectual property rights or confidentiality obligations may cause irreparable harm for which monetary damages may be an inadequate remedy, and that Costa Vida shall be entitled to seek immediate injunctive relief in any court of competent jurisdiction without the necessity of posting bond or proving actual damages.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy informally by contacting Costa Vida at [email protected] and providing a written description of your claim and the relief you are seeking. We will attempt to respond to your notice within thirty (30) days. If the parties are unable to resolve the dispute informally within sixty (60) days after the notice is received, either party may then proceed with formal dispute resolution as outlined below.

13.2 Binding Arbitration

EXCEPT AS PROVIDED BELOW, ALL DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) THEN IN EFFECT. THE ARBITRATION SHALL TAKE PLACE IN THE STATE WHERE COSTA VIDA IS PRINCIPALLY LOCATED, AND THE ARBITRATOR'S DECISION SHALL BE FINAL AND BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCEPTING THESE TERMS, YOU AND COSTA VIDA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.

13.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, 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 IN ARBITRATION, BOTH YOU AND COSTA VIDA WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL NOT BE BROUGHT AS A CLASS ACTION OR COLLECTIVE PROCEEDING.

13.4 Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court. Additionally, Costa Vida retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use the Site or any of our services. Your right to use the Site is effective upon your first access to the Site and continues until terminated by either you or Costa Vida.

You may terminate these Terms at any time by ceasing all use of the Site and, if applicable, deleting your account.

Costa Vida reserves the right, in its sole and absolute discretion, to terminate or suspend your access to the Site or any portion thereof, with or without notice, for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Your engagement in any prohibited activity as described in Section 3;
• Your submission of fraudulent, misleading, or inaccurate information;
• Requests from law enforcement or other government authorities;
• Unexpected technical or security issues or problems;
• Prolonged periods of inactivity;
• Our discontinuation of the Site or any service.

Upon termination of these Terms, your right to use the Site will immediately cease. All provisions of these Terms which, by their nature, should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 7 (Limitation of Liability), 8 (Disclaimers), 9 (Indemnification), 12 (Governing Law), and 13 (Dispute Resolution).

15. Changes to These Terms

Costa Vida reserves the right to revise, update, or modify these Terms at any time and in our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law, provide you with additional notice, such as a prominent notice on the Site or an email notification to the address associated with your account.

Your continued use of the Site or any of our services following the posting of the revised Terms constitutes your acceptance of and agreement to those changes. If you do not agree to the revised Terms, you must stop using the Site immediately.

We encourage you to review these Terms periodically to stay informed about our current policies and requirements. The most current version of these Terms will always be available at costavidagrill.click. In the event of a conflict between a previous version of these Terms and the current version, the current version shall control.

16. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, unenforceable, or contrary to applicable law, such provision shall be deemed modified to the minimum extent necessary to make it enforceable. If such modification is not possible, such provision shall be severed from these Terms, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

The invalidity or unenforceability of any particular provision of these Terms shall not affect or impair the validity or enforceability of any other provision. The parties agree to replace any invalid or unenforceable provision with a valid provision that, to the greatest extent possible, achieves the original economic, legal, and commercial intent of the replaced provision.

17. Entire Agreement and Waiver

These Terms, 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 your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, relating to such subject matter.

No waiver by Costa Vida of any term or condition set forth 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. 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.

18. No Third-Party Beneficiaries

These Terms are entered into solely between you and Costa Vida for your and our respective benefit. These Terms are not intended to confer, and shall not confer, any rights or remedies upon any third party, except as expressly set forth herein. No third party shall have any right to enforce any term of this Agreement.

19. Force Majeure

Costa Vida shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, fire, flood, war, terrorism, strikes, labor disputes, power outages, governmental regulations or restrictions, supply chain disruptions, or failures of third-party internet or communications infrastructure.

In the event of a force majeure event, we will use commercially reasonable efforts to resume the affected services as quickly as practicable. Notice of any force majeure event will be communicated to users through the Site or other available channels where reasonably practicable.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your use of the Site, or any of our services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.