Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at costaxvida.click (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 to these Terms, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Site at costaxvida.click, placing an order, creating an account, or engaging with any content, feature, or service offered by Costa Vida, you 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 authority to enter into a binding contract;
• You have read, understood, and agree to be bound by these Terms in their entirety;
• You agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site and services;
• If you are using the Site on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Costa Vida. Your continued use of the Site following any modification to these Terms constitutes your acceptance of the revised Terms.

2. Description of Services

Costa Vida operates a food-related business providing customers with access to menu information, online ordering, nutritional content, promotional offers, loyalty programs, catering inquiries, and related food services through the website costaxvida.click. Our services include, but are not limited to:

• Online Menu Access: Viewing current menu items, pricing, ingredients, allergen information, and nutritional data;
• Online Ordering: Placing food and beverage orders for pickup, dine-in, or delivery (where available);
• Catering Services: Submitting inquiries and placing catering orders for events and group dining;
• Loyalty & Rewards Programs: Participation in customer reward programs, promotional campaigns, and special offers;
• Account Management: Creating and managing a user account to track orders, store preferences, and manage payment methods;
• Customer Support: Accessing customer service for order inquiries, complaints, and feedback;
• Informational Content: Accessing blog posts, news, announcements, and other content published by Costa Vida.

We reserve the right to modify, suspend, discontinue, or restrict any aspect of our services at any time, with or without notice, and without liability to you or any third party. Certain services may be subject to additional terms, policies, or guidelines presented at the point of use, which are hereby incorporated into these Terms by reference.

The availability of menu items, pricing, and services may vary by location and is subject to change without prior notice. Costa Vida makes no guarantee that all services described on the Site are available in your geographic area at any given time.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized access or use;
• Use the Site and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws, including but not limited to food safety regulations, consumer protection laws, and applicable Federal Trade Commission (FTC) guidelines;
• Promptly update your account information to ensure accuracy;
• Assume full responsibility for all activities conducted through your account.

3.2 Prohibited Activities

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

• Using the Site for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation;
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity;
• Attempting to gain unauthorized access to any portion of the Site, other user accounts, or any computer systems or networks connected to the Site;
• Transmitting any harmful, offensive, obscene, defamatory, fraudulent, or otherwise objectionable content;
• Introducing viruses, malware, ransomware, spyware, Trojan horses, or any other malicious code or software;
• Using automated tools such as bots, scrapers, crawlers, or data mining software to collect information from the Site without our express written consent;
• Engaging in any activity that interferes with, disrupts, or places an unreasonable burden on the Site's infrastructure or servers;
• Reverse engineering, decompiling, disassembling, or otherwise attempting to extract the source code of any software underlying the Site;
• Using the Site for spamming, phishing, or any form of unsolicited commercial communication;
• Circumventing, disabling, or otherwise interfering with security features of the Site;
• Reselling or commercially exploiting any portion of the Site or its content without our prior written authorization;
• Collecting or harvesting personal information about other users without their consent;
• Posting or transmitting any content that infringes upon the intellectual property rights of any third party;
• Using the Site in any manner that could damage, disable, or impair Costa Vida's reputation or goodwill.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, reporting to law enforcement authorities and terminating the violating user's access to the Site.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and compilation of the Site (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

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 may 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.

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 purposes. This license does not include:

• Any resale or commercial use of the Site or its Content;
• Any collection and use of any 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;
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Site or its Content automatically terminates the license granted herein. Nothing in these Terms grants you any right to use the intellectual property of Costa Vida beyond what is expressly permitted. If you believe that your intellectual property rights have been infringed upon, please contact us at [email protected].

5. User-Generated Content

If you submit, post, upload, or otherwise make available any content through the Site, including reviews, comments, photos, or feedback ("User Content"), you hereby grant Costa Vida a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and perform such User Content in any media.

You represent and warrant that you own or have the necessary rights to submit such User Content, and that your User Content does not violate the rights of any third party or any applicable law. Costa Vida reserves the right to remove any User Content at its sole discretion, without notice or liability.

6. Payment Terms

6.1 Pricing and Payment

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, and other charges will be clearly disclosed during the checkout process prior to the completion of your order. By submitting an order, you authorize Costa Vida to charge your selected payment method for the total amount due.

6.2 Accepted Payment Methods

Costa Vida accepts major credit cards, debit cards, and other payment methods as indicated on the Site at the time of purchase. All payment transactions are processed through secure, third-party payment processors. Costa Vida does not store your full payment card information on its servers.

6.3 Order Confirmation and Cancellation

Once you place an order, you will receive an order confirmation via email. Please review your order carefully. Once an order has been submitted and accepted, cancellations may not be possible, particularly for time-sensitive food orders. If you need to modify or cancel an order, please contact us as soon as possible at [email protected].

6.4 Refunds and Returns

Given the perishable nature of food products, all sales are generally final. However, if you receive an incorrect, incomplete, or defective order, please contact our customer support team within a reasonable timeframe following receipt of your order. We will review such claims on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion.

6.5 Promotional Codes and Discounts

Promotional codes, coupons, and discount offers are subject to their specific terms and expiration dates. They may not be combined with other offers unless expressly stated. Costa Vida reserves the right to revoke or limit any promotional offer at any time without notice.

7. Disclaimers and "As-Is" Basis

THE SITE AND ALL CONTENT, SERVICES, PRODUCTS, AND FEATURES PROVIDED THROUGH THE SITE 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 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 AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE SITE;
• WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Costa Vida does not warrant or guarantee the accuracy of nutritional information, allergen details, or ingredient lists presented on the Site. Menu items and recipes may change, and nutritional content may vary. Users with food allergies, dietary restrictions, or specific health concerns are strongly encouraged to contact us directly prior to ordering and to consult with a qualified healthcare professional.

Any reliance you place on information obtained from the Site is strictly at your own risk. Costa Vida will not be responsible for any loss or damage arising from your reliance on such information.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER APPLICABLE CONSUMER PROTECTION STATUTES, IN NO EVENT SHALL COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Site or services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from the Site;
• Any bugs, viruses, Trojan horses, or similar items transmitted to or through the Site;
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Site;
• Any food-borne illness, allergic reaction, or health condition resulting from the consumption of food products ordered through the Site, to the extent permitted by law;
• Any conduct or content of any third party on the Site.

IN NO EVENT SHALL COSTA VIDA'S TOTAL 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) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COSTA VIDA'S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its parent companies, subsidiaries, 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 or any applicable law or regulation;
• Your use of the Site or services in a manner not authorized by these Terms;
• Your User Content or any content you submit, post, or otherwise transmit through the Site;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or contractual rights;
• Any misrepresentation made by you in connection with your use of the Site;
• Any dispute between you and another user or third party arising from your use of the Site.

Costa Vida reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any claim without Costa Vida's prior written consent.

10. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by Costa Vida. These links are provided solely for your convenience and informational purposes. Costa Vida has no control over, and assumes no responsibility for, the content, privacy policies, terms, or practices of any third-party websites or services.

We do not endorse, recommend, or make any representations about third-party websites or services. You access any third-party websites or services at your own risk and subject to the terms and conditions of such third parties. We strongly encourage you to review the terms and privacy policies of any third-party websites you visit.

11. Food Safety and Allergen Notice

Costa Vida takes food safety seriously and strives to provide accurate allergen and ingredient information. However, our food is prepared in facilities where common allergens, including but not limited to peanuts, tree nuts, wheat, dairy, eggs, soy, fish, and shellfish, may be present. Cross-contamination is possible and cannot be fully prevented.

If you have a food allergy, sensitivity, or dietary restriction, we strongly recommend that you contact us directly at [email protected] before placing an order. Costa Vida cannot guarantee that any menu item is free from specific allergens. Consumption of our food products is at your own risk, and you assume full responsibility for any dietary decisions made.

12. Privacy Policy

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

For users located in California, please note that our privacy practices are also governed by the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable. Please review our Privacy Policy for further details about your rights under applicable law.

13. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms, the Site, or any services provided by Costa Vida shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Costa Vida operates, without regard to any conflict of law principles that would require the application of the law of any other jurisdiction.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of the Site shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

These Terms shall be interpreted in accordance with applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) and other relevant federal consumer protection statutes, as well as applicable state laws where Costa Vida conducts its business operations.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site informally by contacting Costa Vida at [email protected]. You agree to provide Costa Vida with a written description of the dispute, the relief sought, and your contact information. Costa Vida will attempt to respond within thirty (30) days. Both parties agree to negotiate in good faith to resolve the dispute before pursuing formal proceedings.

14.2 Binding Arbitration

If the dispute cannot be resolved informally within sixty (60) days of your initial notice, both parties agree that any unresolved dispute shall be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are available at www.adr.org. The arbitration shall be conducted in the English language.

The arbitrator shall have the authority to award any remedy that would be available in a court of law. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or to protect confidential information. Nothing in this section shall prevent Costa Vida from pursuing collection of any amounts owed by you.

15. Term and Termination

15.1 Term

These Terms are effective beginning on the date you first access or use the Site and shall remain in full force and effect for as long as you continue to use the Site or maintain an account with Costa Vida, unless earlier terminated in accordance with this section.

15.2 Termination by You

You may terminate these Terms at any time by discontinuing your use of the Site and, if applicable, closing your account. To close your account, please contact us at [email protected].

15.3 Termination by Costa Vida

Costa Vida reserves the right, in its sole discretion, to suspend, restrict, or permanently terminate your access to the Site or any portion thereof at any time, without prior notice or liability, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in any prohibited activity as described in Section 3;
• Your conduct that is harmful to other users, third parties, or Costa Vida's business interests;
• Any fraudulent, abusive, or otherwise illegal activity;
• A request by law enforcement or other government agency;
• Discontinuation or material modification of the Site or services.

15.4 Effect of Termination

Upon termination, your right to access and use the Site shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity obligations, dispute resolution provisions, and limitations of liability.

16. Changes to These Terms

Costa Vida reserves the right to modify, update, or replace these Terms at any time at its sole discretion. When changes are made, we will update the "Last Updated" date at the top of this page. We may also provide additional notice of material changes, such as by sending an email to the address associated with your account or by posting a prominent notice on the Site.

Your continued use of the Site or services after the effective date of any such changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must immediately discontinue use of the Site and services and, if applicable, close your account.

We encourage you to review these Terms periodically to stay informed of any updates. Archived versions of these Terms may be available upon request by contacting us at [email protected].

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if it cannot be so modified, it shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and the remaining provisions shall continue in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely reflects the original intent of the parties.

18. Waiver

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. A waiver by Costa Vida of any default or breach of these Terms shall not be deemed a waiver of any subsequent default or breach, and shall not affect the other provisions of these Terms.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices, policies, or guidelines 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 services and supersede all prior or contemporaneous communications, representations, and agreements, whether written or oral, between you and Costa Vida relating to the subject matter hereof.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without the prior written consent of Costa Vida. Any attempted assignment without such consent shall be null and void. Costa Vida may freely assign or transfer its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

21. Force Majeure

Costa Vida shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, war, terrorism, labor disputes, supply chain disruptions, or internet or telecommunications failures. In such events, Costa Vida will make reasonable efforts to resume performance as soon as practicable.

22. Accessibility

Costa Vida is committed to making its Site accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) and applicable accessibility requirements under the Americans with Disabilities Act (ADA). If you experience any accessibility issues on our Site, please contact us at [email protected] so that we may assist you and improve the accessibility of our Site.

23. Electronic Communications

By using the Site or creating an account, you consent to receive electronic communications from Costa Vida, including emails, push notifications, and other communications relating to your account, orders, promotional offers, and updates to these Terms. You agree 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 receiving promotional emails at any time by following the unsubscribe instructions in any such email or by contacting us at [email protected]. Please note that even after opting out of promotional communications, you may still receive transactional and account-related communications from us.

24. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation, exercise any legal rights, or make any inquiries about our services, please contact us using the information below:

We will endeavor to respond to all legitimate inquiries within a reasonable timeframe. For urgent matters related to food safety or health concerns, please contact the appropriate local or federal health authorities in addition to contacting us.

These Terms of Service were last updated on April 9, 2026. Your use of the Site after this date constitutes your acceptance of these Terms as currently written. Thank you for choosing Costa Vida.