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," "Customer," "you," or "your") and Costa Vida ("Company," "we," "us," or "our"), the operator of the website located at costavidagrill.rest (the "Website") and all associated food and restaurant services.

By accessing our Website, placing an order, making a reservation, signing up for our loyalty program, subscribing to our newsletter, or otherwise interacting with our digital platforms or physical locations, you expressly agree to comply with and be bound by these Terms. Your continued use of our Website and services following the posting of any changes to these Terms constitutes acceptance of those changes.

If you are using our services on behalf of an organization, business entity, or other legal person, you represent and warrant that you have the authority to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to that entity.

These Terms apply to all visitors, users, customers, and others who access or use our services, including but not limited to our Website, mobile ordering platforms, in-store services, catering services, and any other offerings made available by Costa Vida.

2. Description of Services

Costa Vida is a food service establishment operating within the United States, offering fresh, high-quality food products and dining experiences. Our services include, but are not limited to, the following:

• Dine-In Services: On-premises dining at our restaurant location(s), including table service and counter service options.
• Online Ordering: The ability to place food orders through our Website or affiliated third-party platforms for pickup or delivery.
• Takeout and Pickup: Ordering food items for pickup at designated restaurant locations.
• Delivery Services: Where available, food delivery services either directly or through third-party delivery partners.
• Catering Services: Catering arrangements for events, corporate gatherings, and special occasions, subject to separate catering agreements.
• Loyalty and Rewards Program: A customer rewards program where eligible users earn points or rewards for qualifying purchases.
• Gift Cards: The purchase and redemption of Costa Vida gift cards at participating locations.
• Nutritional and Menu Information: Informational content regarding menu items, ingredients, allergens, and nutritional data provided for reference purposes.
• Promotional Offers: Special deals, discounts, and promotional campaigns offered from time to time through our Website, email, or other marketing channels.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice. Costa Vida shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Menu items, prices, hours of operation, and service availability may vary by location and are subject to change without notice. Please contact your local Costa Vida restaurant for the most current information.

3. User Eligibility and Account Registration

To access certain features of our Website or services, such as online ordering, loyalty program participation, or creating a user account, you must meet the following eligibility requirements:

• You must be at least 13 years of age to use our Website. Users under the age of 18 must have parental or guardian consent.
• You must provide accurate, current, and complete information during any registration process.
• You must maintain the security and confidentiality of your account credentials.
• You must promptly notify us of any unauthorized use of your account or any breach of security.
• You are solely responsible for all activities that occur under your account.

Costa Vida reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion, including but not limited to instances where these Terms are violated or where fraudulent activity is suspected.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with all applicable federal, state, and local laws and regulations. You represent, warrant, and agree that you will not engage in any of the following prohibited activities:

4.1 General Prohibitions

• Using our Website or services for any fraudulent, deceptive, or unlawful purpose.
• Misrepresenting your identity or affiliation with any person or entity.
• Submitting false, inaccurate, or misleading information in connection with orders, reservations, or account registration.
• Attempting to gain unauthorized access to our systems, servers, databases, or other restricted areas.
• Interfering with or disrupting the integrity, performance, or security of our Website or related systems.
• Transmitting any viruses, malware, spyware, or other harmful or destructive code.
• Using automated tools such as bots, scrapers, or crawlers to access, scrape, or harvest data from our Website without express written permission.
• Engaging in any activity that imposes an unreasonable or disproportionate load on our infrastructure.

4.2 Content and Communication Prohibitions

• Posting, uploading, or transmitting any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable.
• Submitting reviews, feedback, or comments that are false, misleading, or designed to harm the reputation of Costa Vida or its employees.
• Using our communication channels to send unsolicited commercial communications (spam).
• Violating the intellectual property rights of Costa Vida or any third party.

4.3 Commercial Prohibitions

• Reselling or commercially exploiting any part of our services without express written authorization from Costa Vida.
• Using promotions, discount codes, or loyalty rewards in a manner not authorized by their specific terms and conditions.
• Placing fraudulent or fictitious orders.

Violation of any of these prohibitions may result in immediate termination of your access to our services, and may subject you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state laws.

5. Intellectual Property Rights

All content, materials, and intellectual property available on or through our Website and services are the exclusive property of Costa Vida or its licensors and are protected under applicable United States intellectual property laws, including but not limited to the Copyright Act (17 U.S.C. § 101 et seq.) and the Lanham Act (15 U.S.C. § 1051 et seq.).

5.1 Ownership of Content

The following are owned by or licensed to Costa Vida and may not be used without express prior written consent:

• The "Costa Vida" name, logo, trade dress, and all associated trademarks and service marks.
• Website design, layout, graphics, images, photographs, and visual elements.
• Menu descriptions, recipes, food photography, and culinary content.
• Text, copy, articles, blog posts, and written content published on our Website.
• Software, code, scripts, and technical elements underlying our Website and online ordering systems.
• Marketing materials, promotional content, and advertising creative.

5.2 Limited License to Users

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

• Reproduce, distribute, publicly display, or create derivative works from any of our content.
• Use our trademarks or branding in connection with any products or services.
• Remove or alter any copyright, trademark, or proprietary notices.

5.3 User-Submitted Content

If you submit any content to us, including reviews, photos, feedback, or comments ("User Content"), you grant Costa Vida a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business and marketing activities. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.

6. Payment Terms

Costa Vida accepts various forms of payment for food orders, catering services, and gift card purchases. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

6.1 Pricing and Taxes

All prices displayed on our Website or at our locations are in U.S. Dollars (USD) and are subject to applicable federal, state, and local sales taxes. Prices are subject to change without notice. Tax amounts will be calculated and displayed at checkout based on the applicable rate for your jurisdiction.

6.2 Online Orders

When placing an online order, payment is processed at the time of order placement or pickup, depending on the payment method selected. We reserve the right to cancel any order that cannot be processed due to payment failure, suspected fraud, or system error.

6.3 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally considered final once an order is prepared. If you experience a quality issue or error with your order, please contact us immediately at [email protected] or speak with a manager at your location. Refunds or replacements are handled on a case-by-case basis at the discretion of Costa Vida management.

6.4 Gift Cards

Costa Vida gift cards have no expiration date and are non-refundable except as required by applicable state law. Lost or stolen gift cards cannot be replaced without proof of purchase. Costa Vida is not responsible for unauthorized use of gift cards.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or platforms, including but not limited to third-party food delivery services, social media platforms, and payment processors. These third-party services are not owned or controlled by Costa Vida, and we are not responsible for their content, privacy practices, or terms of service.

Any transactions you engage in with third-party providers are solely between you and such third parties. Costa Vida expressly disclaims any liability arising from your use of third-party services. We encourage you to review the terms and privacy policies of any third-party services before engaging with them.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND 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 REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY INFORMATION PROVIDED ON OUR WEBSITE.
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE.
• WARRANTIES REGARDING THE ACCURACY OF NUTRITIONAL OR ALLERGEN INFORMATION, WHICH IS PROVIDED FOR GENERAL REFERENCE PURPOSES ONLY.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND APPLICABLE STATE CONSUMER PROTECTION STATUTES, COSTA VIDA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR SERVICES.
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES.
• DAMAGES ARISING FROM ERRORS, OMISSIONS, OR INACCURACIES IN OUR WEBSITE CONTENT.
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS.
• DAMAGES ARISING FROM THE CONDUCT OF THIRD PARTIES IN CONNECTION WITH OUR SERVICES.
• ANY MATTER BEYOND OUR REASONABLE CONTROL.

IN NO EVENT SHALL COSTA VIDA'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL 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 EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Costa Vida and its officers, directors, employees, agents, subsidiaries, affiliates, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of our Website or services in violation of these Terms.
• Your violation of any applicable law, regulation, or third-party rights.
• Any content you submit, post, or transmit through our Website.
• Your fraudulent or intentional misconduct.
• Any dispute between you and a third party arising from your use of our services.

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

11. Privacy and Data Protection

Costa Vida is committed to protecting your privacy in accordance with applicable United States federal and state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for California residents, the Children's Online Privacy Protection Act (COPPA), and the Federal Trade Commission Act (FTC Act).

Our collection, use, and sharing of personal information 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, available at costavidagrill.rest.

California residents have specific rights under the CCPA/CPRA, including the right to know, the right to delete, the right to opt-out of the sale of personal information, and the right to non-discrimination. To exercise these rights, please contact us at [email protected].

12. Governing Law and Jurisdiction

These Terms of Service 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 the relevant Costa Vida location operates, without regard to conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

These Terms are subject to applicable federal laws including, but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 45) governing unfair or deceptive trade practices.
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030).
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) for electronic communications.
• The Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) for accessibility requirements.
• Applicable state consumer protection statutes in the state of operations.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute with Costa Vida informally by contacting us at [email protected] and providing a written description of the dispute, the relief sought, and your contact information. Costa Vida will attempt to respond within thirty (30) days. If the dispute cannot be resolved informally within sixty (60) days of submission, either party may proceed with formal dispute resolution.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT AND INJUNCTIVE RELIEF MATTERS, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, OR VALIDITY THEREOF SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES THEN IN EFFECT.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND COSTA VIDA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

13.4 Exceptions

Notwithstanding the above, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm, and disputes involving intellectual property claims may be brought directly in court without prior arbitration.

14. Term and Termination

These Terms are effective as of the date you first access or use our Website or services and shall remain in full force and effect until terminated in accordance with this section.

14.1 Termination by You

You may stop using our services at any time. If you have a registered account, you may request account deletion by contacting us at [email protected].

14.2 Termination by Costa Vida

Costa Vida reserves the right, in its sole discretion, to suspend or terminate your access to our Website and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law or regulation.
• Conduct that Costa Vida determines, in its sole discretion, is harmful to other users, the public, or our business interests.
• Suspected fraud, abuse, or misuse of our services.
• Cessation of our business operations.

14.3 Effect of Termination

Upon termination of your access to our services, your right to use our Website and services will immediately cease. 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, governing law, and dispute resolution.

15. Changes to Terms of Service

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 to these Terms, we will:

• Update the "Last Updated" date at the top of this page.
• Post the revised Terms on our Website at costavidagrill.rest.
• Where reasonably practicable, provide notice via email or a prominent Website notification for significant changes.

Your continued use of our Website or services following the posting of any revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree with the revised Terms, you must stop using our services.

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 the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience accessibility barriers on our Website, please contact us at [email protected] so we can work to address your needs.

17. Electronic Communications

By using our Website and services, you consent to receiving electronic communications from Costa Vida, including but not limited to transactional emails, order confirmations, promotional newsletters, and policy update notices. All electronic communications satisfy any legal requirements for written communications. You may opt out of promotional communications at any time by following the unsubscribe instructions in our emails or contacting us directly.

Our electronic marketing communications comply with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), and we will honor all opt-out requests within ten (10) business days.

18. 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, pandemics or public health emergencies, fire, flood, governmental actions, civil unrest, labor disputes, power outages, cyberattacks, or disruptions in internet or telecommunications services.

19. Entire Agreement

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

20. Severability

If any provision of these Terms of Service is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to public policy for any reason, that provision shall be deemed severed from these Terms to the minimum extent necessary, and the remaining provisions shall continue in full force and effect without limitation.

The parties agree that any severed or modified provision shall be replaced with a valid provision that most closely matches the intent and economic effect of the original provision. The invalidity of any single provision shall not affect the validity of the remaining Terms as a whole.

21. Waiver

The failure of Costa Vida to enforce any right or provision of these Terms shall not constitute 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 be deemed a waiver of any subsequent breach or default of the same or similar nature.

22. Assignment

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

23. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights, or our services, please do not hesitate to contact us through any of the following channels:

For legal notices or formal correspondence, please send your written communication to the email address listed above with the subject line "Legal Notice – Terms of Service." We will respond to all inquiries within a reasonable time period.