Terms of Service

Please read these Terms of Service carefully before using the website located at taco-caferio.click (the "Website") or any services offered by Cafe Rio (the "Company," "we," "us," or "our"). By accessing or using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at taco-caferio.click, placing an order, or engaging with any services offered by Cafe Rio, you (the "User" or "Customer") enter into a legally binding agreement with the Company under these Terms of Service. This agreement is effective as of the date you first access or use our Website.

These Terms apply to all visitors, users, customers, and others who access or use the Website. Your continued use of the Website after any modifications to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

If you are using this Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer to both you individually and that entity.

You must be at least 18 years of age to use this Website and to place orders through it. By using this Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement under applicable United States law.

2. Description of Services

Cafe Rio is a food service establishment operating within the United States. Through our Website at taco-caferio.click, we offer the following services and functionalities:

• Online Menu Browsing: Users may access and review our food and beverage menu, including descriptions, ingredients, pricing, and available customization options.
• Online Ordering: Users may place food orders for pickup, dine-in (where applicable), or delivery through the Website or through integrated third-party delivery platforms.
• Catering Services: We may offer catering packages and event services for groups and corporate clients, subject to availability and separate agreements.
• Promotional Content: We may share promotions, loyalty rewards, coupons, and special offers through the Website.
• Customer Support: Users may contact our customer service team through the contact information provided on the Website.
• Informational Content: We provide general information about our restaurant, locations, hours of operation, nutritional information, and company news.

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

Certain services may be subject to additional terms and conditions, which will be presented to you at the time of use. Those additional terms are incorporated herein by reference.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a user of our Website and services, you agree to:

• Provide accurate, current, and complete information when placing orders, creating accounts, or contacting us.
• Maintain the confidentiality of any account credentials and be responsible for all activities conducted under your account.
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.
• Use the Website and services only for lawful purposes and in a manner consistent with these Terms and all applicable federal, state, and local laws and regulations.
• Comply with all applicable United States food ordering, consumer protection, and electronic commerce laws.
• Respect the intellectual property rights of Cafe Rio and third parties.
• Ensure that any orders placed are genuine and intended for actual consumption or lawful use.

3.2 Prohibited Activities

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

• Fraudulent Orders: Placing orders with no intention to pay, using fraudulent payment methods, or engaging in chargebacks in bad faith.
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website.
• Data Scraping: Using any automated means, bots, scrapers, crawlers, or similar tools to collect, extract, or harvest data from the Website without our express written permission.
• Impersonation: Impersonating any person or entity, including any employee or representative of Cafe Rio, or falsely representing your affiliation with any person or entity.
• Harmful Content: Uploading, transmitting, or distributing any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
• Interference: Interfering with or disrupting the integrity, performance, or security of the Website or the servers and networks connected to the Website.
• Malware: Introducing any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful materials to the Website.
• Spam: Sending unsolicited communications, spam, chain letters, or other forms of unauthorized advertising through or in connection with the Website.
• Resale: Reselling or attempting to resell any products or services obtained through our Website without our express written consent.
• Violation of Laws: Using our Website or services in violation of any applicable federal, state, or local laws or regulations, including but not limited to the Federal Trade Commission Act, the Computer Fraud and Abuse Act, and any applicable food safety regulations.
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software used in connection with the Website.

We reserve the right to terminate or suspend your access to the Website immediately and without prior notice if we determine, in our sole discretion, that you have violated any of these prohibitions or these Terms generally.

4. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and all other works (collectively, "Content"), are the exclusive property of Cafe Rio or its content suppliers and licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Cafe Rio name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in accordance with these Terms. This license does not include:

• Any resale or commercial use of the Website or its Content;
• Any collection and use of any product listings, descriptions, or prices;
• Any derivative use of this Website or its Content;
• Any downloading or copying of account information for the benefit of another merchant; or
• Any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of the Website or its Content terminates this limited license and may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

If you provide any feedback, suggestions, ideas, or other information regarding our Website or services ("Feedback"), you hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including improving our services, without compensation to you.

5. Payment Terms

When you place an order through our Website or in-store, the following payment terms apply:

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify prices at any time. The price applicable to your order will be the price displayed at the time you complete your order.

5.2 Taxes and Fees

All orders are subject to applicable federal, state, and local taxes. Delivery orders may be subject to additional delivery fees, service fees, or platform fees, which will be disclosed prior to the completion of your order. You are solely responsible for the payment of all such taxes and fees.

5.3 Payment Methods

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

5.4 Order Confirmation

An order placed through our Website constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason. Your order is confirmed only when you receive an order confirmation email or notification from us.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order, such as receiving incorrect items or food quality concerns, please contact us within 24 hours of receiving your order at [email protected]. We will review your claim and, at our sole discretion, may offer a replacement, store credit, or refund. Refunds, if approved, will be processed to the original payment method within 5-10 business days.

5.6 Promotional Offers and Coupons

Promotional offers, discounts, and coupons are subject to their individual terms and conditions. They may not be combined with other offers unless expressly stated, and we reserve the right to discontinue any promotion at any time.

6. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT, SERVICES, PRODUCTS, AND OTHER MATERIALS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, CAFE RIO EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• That the Website will be available, uninterrupted, timely, secure, or error-free;
• That the results obtained from use of the Website or services will be accurate or reliable;
• That the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations;
• That any errors in the Website will be corrected;
• That the Website is free from viruses or other harmful components;
• That the nutritional information provided is complete or accurate for your specific dietary needs or health conditions.

Any content downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk. You are solely responsible for any damage to your computer system or other device or loss of data that results from the download or use of any such content.

Nothing in these Terms shall exclude or limit our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded or limited under applicable United States law.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• LOSS OF BUSINESS OR ANTICIPATED SAVINGS;
• COST OF SUBSTITUTE GOODS OR SERVICES;
• LOSS OF USE OR CORRUPTION OF DATA; OR
• ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR ANY CONTENT THEREON,

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

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF (A) ONE HUNDRED UNITED STATES DOLLARS ($100.00) OR (B) THE AMOUNT PAID BY YOU TO CAFE RIO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Food Safety and Allergen Disclaimer

Cafe Rio takes food safety seriously and strives to comply with all applicable federal and state food safety regulations, including those enforced by the United States Food and Drug Administration (FDA) and applicable state and local health departments.

However, please be aware of the following important information:

Nutritional information provided on the Website is based on standard recipes and portions. Actual nutritional content may vary based on preparation methods, ingredient substitutions, and portion sizes. We make no warranties regarding the accuracy of nutritional information provided on the Website.

We are not responsible for any adverse health reactions resulting from consumption of our food products where you have failed to disclose known allergies or dietary restrictions prior to ordering.

9. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Cafe Rio, including third-party food delivery platforms. We have no control over and assume no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services.

We do not endorse any third-party products, services, or websites. You acknowledge and agree that Cafe Rio is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, contractors, agents, licensors, service providers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services, including any data or content transmitted or received by you;
• Your violation of any rights of a third party, including any intellectual property rights, privacy rights, or consumer protection rights;
• Your violation of any applicable federal, state, or local laws or regulations;
• Any content you submit, post, or transmit through the Website;
• Your negligence or willful misconduct; or
• Any other party's access to and use of the Website through your account credentials.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any matter without our prior written consent.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which the Company is registered and operates, without giving effect to any choice or conflict of law provision or rule.

To the extent that any legal action is permitted under these Terms (see Dispute Resolution below), you agree to submit to the personal jurisdiction of the federal and state courts located within the United States for the purpose of litigating all such claims or disputes. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms shall be construed in accordance with applicable United States federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.), and any other applicable federal consumer protection statutes.

If you are a resident of California, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), which are addressed in our separate Privacy Policy available on this Website.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will use reasonable efforts to resolve any dispute within thirty (30) days of receiving your written notice of the dispute. The notice must describe the nature and basis of the claim and the specific relief sought.

12.2 Binding Arbitration

If a dispute cannot be resolved informally within thirty (30) days, any and all disputes, controversies, or claims arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of our Website or services, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

The arbitration shall take place in the United States, and the language of arbitration shall be English. The arbitrator's decision shall be final and binding on all parties. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The arbitrator shall have authority to award relief only on an individual basis and shall have no authority to award class-wide relief. Notwithstanding any provision in these Terms to the contrary, if the class action waiver below is found unenforceable, then the agreement to arbitrate shall be null and void with respect to such class action.

12.3 Class Action Waiver

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

12.5 Time Limitation on Claims

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

13. Term and Termination

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

13.1 Termination by You

You may terminate your use of the Website at any time by simply discontinuing your use of the Website. If you have a registered account, you may request account deletion by contacting us at [email protected].

13.2 Termination by Us

We reserve the right to terminate or suspend your access to the Website and services, at our sole discretion, at any time and for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Your engagement in any fraudulent, illegal, or harmful activity;
• Actions that may harm Cafe Rio, its customers, partners, or reputation;
• Our decision to discontinue the Website or any of its services; or
• Any other reason we deem appropriate, with or without notice to you.

13.3 Effect of Termination

Upon termination for any reason, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law provisions.

We shall not be liable to you or any third party for any termination of your access to the Website or services.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify, amend, update, or replace any part of these Terms of Service at any time. We will provide notice of significant changes by:

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

It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must discontinue your use of the Website immediately.

No modification or amendment to these Terms will be binding upon us unless made in writing and signed by a duly authorized representative of Cafe Rio, except as provided in this section.

15. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, such provision shall be eliminated from these Terms. The remaining provisions of these Terms shall continue in full force and effect, and the invalidity or unenforceability of any one provision shall not affect the validity or enforceability of any other provision.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and Cafe Rio concerning your use of the Website and services, and supersede all prior and contemporaneous negotiations, discussions, agreements, representations, warranties, and understandings, whether oral or written, between you and Cafe Rio regarding the subject matter hereof.

These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. There are no third-party beneficiaries to these Terms.

17. Waiver

No waiver by Cafe Rio of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cafe Rio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Cafe Rio to be effective.

18. Force Majeure

Cafe Rio shall not be liable or responsible for any failure or delay in the performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, government actions, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials (each a "Force Majeure Event"). In the event of a Force Majeure Event, we will use commercially reasonable efforts to resume normal operations as quickly as possible.

19. Electronic Communications

By using our Website or communicating with us by email or through the Website, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing. You consent to receive communications from us electronically and agree that all such electronic communications satisfy any legal requirement that such communications be in writing under applicable United States law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

20. Accessibility

Cafe Rio is committed to ensuring that its Website is accessible to people with disabilities. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing the Website or any of its content, please contact us at [email protected] and we will make reasonable efforts to provide the information in an accessible format.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your rights under these Terms, or our services, please contact us using the following information:

We will endeavor to respond to all inquiries within five (5) business days. For urgent matters related to food safety or health concerns, please contact your local health department or appropriate authorities in addition to reaching out to us.