Terms of Service

Effective Date: April 10, 2026 | Last Updated: April 10, 2026

Please read these Terms of Service carefully before using our website or services. By accessing or using costaxvida.rest or any services provided by Costa Vida, you agree to be legally bound by these Terms of Service. If you do not agree to these terms, please discontinue use of our website and services immediately.

1. Acceptance of Terms

Welcome to Costa Vida ("Company," "we," "our," or "us"). These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "you," or "your") and Costa Vida, governing your access to and use of the website located at costaxvida.rest (the "Website"), as well as all related services, content, features, and functionality offered in connection with our food and restaurant services (collectively, the "Services").

By accessing our Website, placing an order, making a reservation, creating an account, or otherwise interacting with any portion of our Services, you expressly acknowledge that:

You have read, understood, and agree to be bound by these Terms;
You are at least 18 years of age, or if you are under 18, you have obtained verifiable parental or legal guardian consent;
You have the legal authority and capacity to enter into this Agreement;
Your use of the Services complies with all applicable federal, state, and local laws and regulations.

If you are accessing or using our Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and these Terms shall apply to that entity accordingly.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use our Services in any manner.

2. Description of Services

Costa Vida is a food service establishment dedicated to providing high-quality dining experiences, including but not limited to:

Restaurant Dining: Dine-in food and beverage services at our physical locations;
Online Ordering: The ability to place food and beverage orders through our Website for pickup or delivery;
Catering Services: Catering options for private events, corporate gatherings, and special occasions;
Menu Browsing: Access to our current menu offerings, pricing information, nutritional data, and seasonal specials;
Reservations: Online and phone-based reservation services for dining at our locations;
Loyalty Programs: Customer rewards programs, promotional offers, and loyalty incentives (where applicable);
Customer Support: Communication channels for addressing inquiries, complaints, and feedback.

Costa Vida reserves the right to modify, expand, reduce, or discontinue any aspect of our Services at any time without prior notice. We do not guarantee that any particular service, menu item, or feature will be continuously available. Availability of certain services may be subject to geographic limitations, operational hours, and seasonal factors.

All food and beverage items are subject to availability. We reserve the right to substitute ingredients, modify recipes, or withdraw items from our menu at our sole discretion, including for health, safety, supply chain, or regulatory compliance reasons.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

By using our Services, you agree to:

Provide accurate, current, and complete information when creating an account, placing orders, or communicating with us;
Maintain the confidentiality and security of your account credentials;
Promptly notify us of any unauthorized access or breach of your account security;
Use the Services only for lawful purposes consistent with these Terms;
Comply with all applicable federal, state, and local laws, including but not limited to laws governing food safety, consumer protection, and electronic commerce;
Respect the rights and dignity of Costa Vida staff, other customers, and third parties;
Accept full responsibility for all activities conducted through your account.

3.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities in connection with your use of the Services:

Fraudulent Orders: Placing orders with no genuine intent to pay, using fraudulent payment methods, or engaging in any form of payment fraud;
False Information: Providing false, misleading, or inaccurate information during account registration, order placement, or any communications with Costa Vida;
Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, our servers, databases, or connected systems;
Reverse Engineering: Decompiling, disassembling, reverse engineering, or otherwise attempting to derive source code from any software or technology used in our Services;
Interference: Transmitting any viruses, malware, spyware, or other harmful code; engaging in denial-of-service attacks; or otherwise interfering with the integrity or performance of the Website;
Data Scraping: Using automated tools, bots, scripts, or crawlers to scrape, harvest, or collect data from our Website without express written permission;
Harassment: Harassing, threatening, intimidating, or abusing any Costa Vida employee, representative, or other customer;
Intellectual Property Infringement: Reproducing, distributing, publicly displaying, or creating derivative works from our proprietary content without authorization;
Unlawful Use: Using the Services in connection with any illegal activity, including but not limited to money laundering, fraud, or violation of consumer protection laws;
Resale: Reselling, sublicensing, or commercially exploiting any portion of our Services without our express written consent;
Misrepresentation: Impersonating Costa Vida, any employee, affiliate, or any other person or entity.

Costa Vida reserves the right to investigate suspected violations of these provisions and to take appropriate legal and equitable action, including suspending or terminating access to Services and reporting violations to law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and intellectual property made available through the Website and Services, including but not limited to text, graphics, logos, photographs, images, illustrations, audio and video clips, digital downloads, software, trademarks, service marks, trade names, recipes (where disclosed), and the overall design, selection, and arrangement of content (collectively, "Content"), are the exclusive property of Costa Vida or its licensors and are protected by applicable United States intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and trade dress protections.

4.2 Limited License

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

Modify or create derivative works based on the Content;
Reproduce, distribute, publicly display, or publicly perform the Content;
Use the Content for any commercial purpose;
Remove or alter any copyright, trademark, or proprietary notices.

4.3 User-Submitted Content

If you submit reviews, comments, photos, feedback, or other content to us through the Website, social media platforms, or other channels, you grant Costa Vida a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for any business purpose. You represent and warrant that you own or have appropriate rights to submit such content and that it does not infringe on any third-party rights.

4.4 Trademark Notice

The name "Costa Vida," our logos, and related marks are trademarks or service marks of Costa Vida. You may not use these marks in connection with any product or service without prior written authorization from Costa Vida.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on our Website and in our physical locations are in United States Dollars (USD) and are subject to change without prior notice. Prices listed do not include applicable sales taxes, delivery fees, service charges, or gratuity unless expressly stated otherwise.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated at the point of sale or checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize Costa Vida to charge your payment method for all applicable fees.

5.3 Order Confirmation and Processing

Receipt of an order confirmation does not constitute acceptance of your order. Costa Vida reserves the right to cancel or refuse any order at any time for reasons including, but not limited to, unavailability of items, inaccuracies in pricing or product descriptions, or suspected fraudulent activity. In the event of an order cancellation, we will notify you and issue a full refund to your original payment method within a reasonable time.

5.4 Refunds and Cancellations

Our refund and cancellation policy is subject to the nature of the order. For online orders:

Cancellations requested before order preparation has begun may be eligible for a full refund;
Once food preparation has commenced, cancellations and refunds may not be available;
Dissatisfied customers are encouraged to contact us directly at [email protected] to discuss resolution options;
Refunds, where applicable, will be processed to the original payment method and may take 5–10 business days to reflect in your account.

5.5 Sales Tax

Costa Vida complies with all applicable state and local sales tax regulations. Sales tax will be calculated and applied at checkout based on the applicable rate for the jurisdiction of your transaction.

6. Disclaimers and "As-Is" Basis

6.1 General Disclaimer

THE WEBSITE AND SERVICES 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 WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE;
WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR SERVERS WILL BE FREE OF ERRORS.

6.2 Food and Beverage Disclaimer

While Costa Vida takes reasonable precautions to provide accurate allergen, nutritional, and ingredient information, we cannot guarantee the complete absence of allergens in any food or beverage item due to the nature of food preparation environments. Customers with severe food allergies or dietary restrictions should exercise caution and consult with our staff directly before ordering. Costa Vida shall not be held liable for allergic reactions or adverse health outcomes resulting from consumption of our food and beverage products where reasonable disclosure was made.

6.3 Third-Party Services

The Website may contain links to third-party websites, platforms, or services. Costa Vida does not endorse, control, or assume responsibility for the content, privacy practices, or availability of such third-party services. Your use of third-party services is at your own risk and subject to the applicable terms and policies of those third parties.

7. Limitation of Liability

Important: Please read this section carefully, as it limits the liability of Costa Vida to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL;
PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
ANY OTHER MATTER RELATING TO THE SERVICES,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COSTA VIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL COSTA VIDA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

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

Your use of or inability to use the Website or Services;
Your violation of these Terms;
Your violation of any applicable federal, state, or local law or regulation;
Your infringement or misappropriation of any intellectual property or proprietary rights of any third party;
Any content you submit, post, or otherwise transmit through our Services;
Your negligent or wrongful conduct;
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. You agree to cooperate fully with Costa Vida in asserting any available defenses.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information obtained through the Website and Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Costa Vida complies with applicable federal and state privacy laws, including the Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive practices. To the extent you are a California resident, Costa Vida also complies with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as applicable.

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 Services, or the relationship between you and Costa Vida shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws, without regard to its conflict of law principles.

Subject to the arbitration provisions set forth in Section 11 below, you agree that any legal action or proceeding arising under or related to these Terms shall be subject to the exclusive jurisdiction of the federal and state courts located in the United States. You hereby irrevocably consent to personal jurisdiction and venue in such courts and waive any objection based on improper venue or inconvenient forum.

Costa Vida operates in compliance with all applicable federal laws of the United States, including but not limited to:

The Federal Trade Commission Act (15 U.S.C. § 41 et seq.);
The Electronic Communications Privacy Act;
The Americans with Disabilities Act (ADA) as it pertains to website accessibility;
Applicable federal food safety regulations administered by the U.S. Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA);
The CAN-SPAM Act of 2003 (15 U.S.C. § 7701 et seq.).

11. Dispute Resolution

11.1 Informal Resolution

In the event of any dispute, claim, or controversy between you and Costa Vida arising out of or relating to these Terms or the Services ("Dispute"), both parties agree to first attempt to resolve the Dispute informally. You agree to contact Costa Vida at [email protected] and provide written notice describing the nature of the Dispute and your proposed resolution. Costa Vida will have thirty (30) days from receipt of such notice to respond and attempt to resolve the Dispute informally.

11.2 Binding Arbitration

If the parties are unable to resolve a Dispute informally within thirty (30) days, either party may elect to resolve the Dispute through binding individual arbitration. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA), as then in effect, and shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

The arbitrator shall have the authority to award any remedy that would be available in a court of law, but the arbitrator shall not have the authority to conduct class arbitration or consolidate claims. The arbitration award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COSTA VIDA AGREE THAT EACH 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, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. If this waiver is found unenforceable with respect to any claim, then that claim shall be severed from arbitration and litigated in court, while remaining claims shall proceed in arbitration.

11.4 Exceptions to Arbitration

Notwithstanding the above, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration. Additionally, claims involving intellectual property rights may be brought in a court of competent jurisdiction.

11.5 Time Limitation on Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

12. Term and Termination

12.1 Term

These Terms become effective upon your first access to or use of the Website or Services and shall remain in full force and effect for as long as you continue to use the Services, unless earlier terminated in accordance with these provisions.

12.2 Termination by You

You may terminate your use of the Services at any time by ceasing to access the Website and, if applicable, by closing your account. Termination does not relieve you of any obligations incurred prior to termination, including payment obligations for completed orders.

12.3 Termination by Costa Vida

Costa Vida reserves the right, in its sole discretion and without prior notice, to suspend, restrict, or permanently terminate your access to the Services if:

You breach or violate any provision of these Terms;
Your conduct is determined by Costa Vida to be harmful, fraudulent, offensive, or otherwise inappropriate;
We are required to do so by applicable law or regulatory authority;
We discontinue operations or any portion of the Services;
Continued provision of Services to you creates legal risk or liability for Costa Vida.

12.4 Effect of Termination

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

13. Changes to Terms

Costa Vida reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make material changes, we will:

Update the "Last Updated" date at the top of this page;
Post the revised Terms on our Website at costaxvida.rest;
Where feasible, notify registered users via email or through a prominent notice on the Website.

Your continued use of the Website or Services after any changes to these Terms are posted shall constitute your acceptance of the revised Terms. If you do not agree to the modified Terms, you must immediately discontinue use of the Services. We encourage you to review these Terms periodically to stay informed of any updates.

Notwithstanding the foregoing, no modification to these Terms shall affect any rights or obligations that arose prior to the effective date of such modification.

14. Severability

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

The parties agree that any court or arbitrator giving effect to this severability clause shall endeavor to give effect to the original intent of the parties to the maximum extent possible.

15. Additional Legal Provisions

15.1 Entire Agreement

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

15.2 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. No waiver of any breach of these Terms shall be deemed a continuing waiver or a waiver of any other breach. Any waiver must be in writing and signed by an authorized representative of Costa Vida to be effective.

15.3 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Costa Vida. Costa Vida may freely assign these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

15.4 Force Majeure

Costa Vida shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, government actions or restrictions, labor disputes, supply chain disruptions, power outages, or internet failures.

15.5 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties hereto and their respective permitted successors and assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy under or by reason of these Terms.

15.6 Headings

The headings and section titles used in these Terms are for convenience and reference purposes only and shall not affect the interpretation or construction of these Terms.

15.7 Electronic Communications

By using our Services, you consent to receiving electronic communications from Costa Vida, including but not limited to emails, push notifications, and in-app messages. You agree that all notices, disclosures, and communications provided electronically satisfy any legal requirement that such communications be in writing. You may opt out of promotional communications at any time by following the unsubscribe instructions provided in such communications, subject to applicable law.

16. Accessibility

Costa Vida is committed to ensuring that our Website and Services are accessible to all users, including those with disabilities, in compliance with applicable requirements under the Americans with Disabilities Act (ADA) and related regulations. If you experience any difficulty accessing our Website or require accommodations, please contact us at [email protected] so that we may assist you.

17. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to provide notice to Costa Vida pursuant to these Terms, please contact us using the information below:

Company Name	Costa Vida
Email Address	[email protected]
Website	costaxvida.rest

We will endeavor to respond to all inquiries within a reasonable time. For urgent matters or legal notices, we recommend contacting us via email at [email protected] with the subject line "Legal Notice – Terms of Service."

Acknowledgment: By continuing to use our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety. If you do not agree to these Terms, your sole remedy is to discontinue use of the Website and Services immediately.

These Terms of Service were last reviewed and updated on April 10, 2026. Costa Vida reserves all rights not expressly granted herein.