Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at tacocostavida.click (the "Site") or any services offered by Costa Vida (the "Company," "we," "us," or "our"). By accessing or using our Site, placing an order, or otherwise engaging with our services, you ("User," "you," or "your") agree to be legally bound by these Terms. If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Site and services.

1. Acceptance of Terms

By accessing, browsing, or using the Site or any services provided through it, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Costa Vida.

You represent and warrant that:

• You are at least 18 years of age, or if you are between 13 and 17 years of age, you have obtained verifiable parental or guardian consent to use our Site and services.
• You have the legal capacity and authority to enter into this Agreement.
• Your use of our Site does not violate any applicable law, regulation, or ordinance.
• All information you provide to us is accurate, current, and complete.

If you are using the Site on behalf of a business entity, you represent and warrant that you have full authority to bind that entity to these Terms, and all references to "you" shall include that entity.

2. Description of Services

Costa Vida operates as a food service business providing customers with access to menu information, online ordering capabilities, loyalty programs, promotions, and other food-related services through its website at tacocostavida.click. Our services may include, but are not limited to:

2.1 Online Ordering and Delivery

We provide an online platform through which customers may browse our menu, customize food orders, place orders for pickup or delivery, and make payments for such orders. Availability of delivery services may vary depending on your geographic location and is subject to change without notice.

2.2 Catering Services

Costa Vida may offer catering services for events, corporate functions, and group gatherings. Catering orders are subject to separate agreements and minimum order requirements, which will be disclosed at the time of inquiry.

2.3 Loyalty and Rewards Programs

We may offer loyalty programs that allow customers to earn and redeem points or rewards. Participation in any loyalty or rewards program is subject to additional terms and conditions, which will be made available separately. We reserve the right to modify, suspend, or terminate any rewards program at our sole discretion.

2.4 Promotions and Offers

From time to time, Costa Vida may offer promotional discounts, limited-time offers, or special deals. These promotions are subject to specific terms, availability, and expiration dates, which will be disclosed at the time of each promotion. Promotions cannot be combined unless explicitly stated.

2.5 Informational Content

The Site provides informational content about our menu items, nutritional information, ingredients, allergen disclosures, and company updates. While we strive to keep this information accurate and up to date, we do not guarantee that all information is free from errors or omissions.

3. User Accounts and Registration

Certain features of our Site may require you to create an account. When creating an account, you agree to:

• Provide accurate, complete, and current information during the registration process.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.
• Accept full responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate your account at our sole discretion if we suspect fraudulent activity, a breach of these Terms, or any other conduct we deem inappropriate or harmful to our business or other users.

4. User Obligations and Prohibited Activities

As a condition of your use of the Site and services, you agree to comply with all applicable federal, state, and local laws, including but not limited to the laws of the United States. You further agree to use the Site solely for lawful purposes consistent with these Terms.

4.1 Prohibited Activities

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

• Use the Site for any fraudulent, unlawful, or unauthorized purpose.
• Attempt to gain unauthorized access to any portion of the Site, server, database, or network connected to the Site.
• Use automated tools, bots, scrapers, crawlers, or similar technologies to extract data from the Site without our express written consent.
• Transmit any viruses, malware, spyware, or any code designed to interrupt, destroy, or limit the functionality of the Site.
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
• Post or transmit any content that is defamatory, obscene, threatening, harassing, abusive, or otherwise objectionable.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Circumvent, disable, or otherwise interfere with security features of the Site.
• Attempt to reverse-engineer, decompile, or disassemble any software or technology underlying the Site.
• Use the Site to send unsolicited communications, spam, or bulk messaging.
• Collect or harvest personally identifiable information from other users without their consent.
• Engage in any activity that could damage, disable, overburden, or impair the Site's infrastructure.
• Place fraudulent orders or submit false payment information.
• Resell or commercially exploit our products or services without prior written authorization.

Violation of any of the above prohibitions may result in immediate termination of your access to the Site and may subject you to civil or criminal liability under applicable law.

5. Payment Terms

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without prior notice. Prices do not include applicable sales taxes, service fees, or delivery charges unless explicitly stated. Any applicable taxes will be calculated and displayed at checkout based on your location and the items ordered.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as may be indicated on the Site at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the total amount of your order, including taxes and applicable fees.

5.3 Order Confirmation

Receipt of an order confirmation via email or on-screen does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, pricing errors, or suspected fraud. If your order is canceled after payment has been processed, we will issue a full refund to your original payment method within a reasonable time period.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order and whether the food has already been prepared. Because our products are perishable food items, all sales are generally final once an order has been accepted and preparation has begun. If you have an issue with your order, please contact us promptly at [email protected] and we will work to resolve the matter in good faith.

5.5 Chargebacks

If you initiate a chargeback or dispute a valid charge without first contacting us to resolve the issue, we reserve the right to dispute such chargebacks, suspend your account, and pursue recovery of disputed amounts through all available legal remedies.

6. Intellectual Property Rights

6.1 Ownership

All content on the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall "look and feel" of the Site, is the exclusive property of Costa Vida or its content suppliers and is protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.) and applicable trademark laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant 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 the right to:

• Reproduce, distribute, display, or create derivative works from any content on the Site.
• Use any data mining, robots, or similar data gathering methods.
• Download or copy any account information for the benefit of third parties.
• Use our trademarks, trade names, logos, or service marks without our prior written consent.

6.3 Trademarks

The name "Costa Vida," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Costa Vida or its affiliates. You must not use such marks without our prior written permission. All other names, logos, and marks are the property of their respective owners.

6.4 User-Submitted Content

If you submit reviews, comments, suggestions, or other content to the Site, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, translate, and distribute such content in any medium. You represent and warrant that you own or have all necessary rights to submit such content and that it does not infringe any third-party rights.

7. Food Safety, Allergen Information, and Nutritional Disclaimers

Costa Vida takes food safety seriously and strives to provide accurate allergen and nutritional information. However, please be aware of the following:

• Our food is prepared in kitchens that handle common allergens including but not limited to gluten, dairy, eggs, tree nuts, peanuts, shellfish, soy, fish, sesame, and wheat.
• Cross-contamination may occur despite our best efforts to prevent it.
• Nutritional information provided on the Site is approximate and based on standard recipes. Actual nutritional content may vary depending on portion size, preparation method, and ingredient substitutions.
• You are solely responsible for verifying that menu items meet your specific dietary, allergy, or health requirements before consumption.
• We strongly recommend that customers with known food allergies or medical dietary needs consult with our staff directly before placing an order.

Costa Vida shall not be liable for any adverse reactions, health conditions, or injuries arising from consumption of our products when you have not disclosed specific dietary restrictions or when reasonable precautions have been taken.

8. Third-Party Links and Services

The Site may contain links to third-party websites, platforms, delivery services, payment processors, or other external services. These links are provided for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. Your use of third-party services is governed by their respective terms and policies. We strongly encourage you to review the terms and privacy policies of any third-party service you access through our Site.

9. Disclaimers — "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COSTA VIDA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON THE SITE.
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED.
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES.

No advice or information, whether oral or written, obtained from Costa Vida or through the Site shall create any warranty not expressly made herein.

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, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON THE SITE;
• DAMAGES RELATED TO FOOD CONSUMPTION WHERE REASONABLE CARE HAS BEEN TAKEN;

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 YOUR USE OF THE SITE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO COSTA VIDA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the limitation of certain implied warranties or the exclusion of certain damages. If you reside in such a jurisdiction, some of the above limitations may not apply to you to the extent prohibited by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its respective officers, directors, employees, agents, contractors, 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 of Service.
• Your use or misuse of the Site or services.
• Your violation of any applicable federal, state, or local law or regulation.
• Your infringement of any intellectual property or other rights of any person or entity.
• Any content you submit, post, or transmit through the Site.
• Your negligent or wrongful conduct.
• Any dispute or claim between you and any third party arising from your use of our services.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Costa Vida's principal place of business is located, without regard to its conflict of law principles.

Subject to the Dispute Resolution section below, you consent to the exclusive jurisdiction of the state and federal courts located within the applicable jurisdiction of Costa Vida's principal place of business for the resolution of any disputes not subject to arbitration. You hereby waive any objection to the laying of venue in such courts and waive any claim of inconvenient forum.

Costa Vida's operations and this website are subject to compliance with applicable federal laws, including the Federal Trade Commission Act (15 U.S.C. § 45), the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, and other relevant federal statutes. For users located in California, additional rights may apply under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Costa Vida in writing at [email protected] and provide a detailed description of the dispute, the relief sought, and your contact information. Both parties agree to attempt to resolve the dispute informally within thirty (30) days of receipt of such notice. If the dispute cannot be resolved informally within this period, either party may proceed to formal dispute resolution as described below.

13.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH, TERMINATION, OR INVALIDITY THEREOF, SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The following types of disputes are excluded from arbitration and may be brought before a court of competent jurisdiction:

• Claims for injunctive or other equitable relief for actual or threatened infringement, misappropriation, or violation of intellectual property rights.
• Small claims court matters within the applicable jurisdictional limits.

13.3 Class Action Waiver

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, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

13.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COSTA VIDA EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Site or services, or maintain an account with us. We reserve the right, in our sole discretion and without prior notice, to:

• Suspend or terminate your account or access to the Site at any time for any reason, including violation of these Terms.
• Discontinue the Site or any portion of our services at any time without liability.
• Refuse service to any person or entity for any lawful reason.

Upon termination:

• Your right to use the Site and services immediately ceases.
• Any outstanding payment obligations remain due and payable.
• Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of obligations incurred prior to termination.

15. Changes to Terms

Costa Vida reserves the right to modify, amend, or update these Terms of Service at any time in our sole discretion. We will provide notice of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date.
• Sending an email notification to the address associated with your account (if applicable).
• Displaying a prominent notice on the Site.

Your continued use of the Site or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using our Site and services immediately and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

16. Privacy Policy

Your privacy is important to us. Our Privacy Policy, available on the Site, describes how we collect, use, store, and disclose your personal information when you use our Site and services. The Privacy Policy is incorporated into these Terms by reference and forms an integral part of this Agreement. By using our Site, you consent to the data practices described in our Privacy Policy.

For users in California, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). California residents have additional rights regarding their personal information, including 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 these rights.

17. Accessibility

Costa Vida is committed to making our Site accessible to all users, including those with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 and Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq. If you experience difficulty accessing any portion of our Site, please contact us at [email protected] so that we may assist you and work to improve accessibility.

18. 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 our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, labor disputes, power outages, internet failures, civil unrest, war, terrorism, or supply chain disruptions. In such events, we will make reasonable efforts to minimize disruption to our services and to notify affected customers as soon as practicable.

19. Electronic Communications

By using our Site or providing your email address, you consent to receive electronic communications from Costa Vida, including but not limited to order confirmations, promotional emails, and policy updates. These electronic communications satisfy any legal requirement that communications be in writing. You may opt out of marketing communications at any time by clicking the "unsubscribe" link in any promotional email or by contacting us at [email protected]. Please note that you may still receive transactional or service-related communications even after opting out of marketing messages.

20. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The severed provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision. The invalidity of any particular provision shall not render the entire Terms invalid, and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions posted on the Site, constitute the entire agreement between you and Costa Vida with respect to your use of the Site and services. This Agreement supersedes all prior and contemporaneous agreements, representations, warranties, and understandings between you and Costa Vida, whether written or oral, regarding the subject matter hereof. No failure or delay by Costa Vida in exercising any right under these Terms shall constitute a waiver of that right.

22. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Costa Vida. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.

23. Assignment

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

24. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please contact us using the information below. We are committed to addressing your concerns in a timely and professional manner.

These Terms of Service were last updated on July 3, 2026. Costa Vida reserves all rights not expressly granted herein. Your continued use of our Site and services signifies your acceptance of and agreement to abide by these Terms as they may be amended from time to time.