Terms of Service

Please read these Terms of Service carefully before using the website located at eat-caferio.rest or any services offered by Cafe Rio. By accessing or using our website and services, you agree to be bound by these Terms of Service in their entirety.

1. Acceptance of Terms

By accessing, browsing, or using the website at eat-caferio.rest (the "Website"), placing an order, or otherwise engaging with the services provided by Cafe Rio ("Company," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional terms and conditions that may apply to specific features or services offered through our Website.

If you do not agree to these Terms, you must immediately discontinue your use of this Website and all associated services. These Terms constitute a legally binding agreement between you and Cafe Rio. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of such modifications.

These Terms apply to all visitors, registered users, customers, and others who access or use the Website. If you are using the Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization to these Terms, and the term "you" shall refer to both you and the organization.

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use this Website and our services. By using this Website, you represent and warrant that you meet this age requirement. If you are under the required age, you may only use our services with the involvement and consent of a parent or legal guardian.

2. Description of Services

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

• Online Menu Browsing: Users may view our current food and beverage offerings, including descriptions, pricing, ingredients, and nutritional information where available.
• Online Ordering: Users may place orders for food and beverages for pickup or delivery, subject to availability and service area restrictions.
• Reservation Services: Where available, users may make reservations or pre-orders through our Website.
• Catering and Special Event Orders: We may offer catering packages and large-group ordering options through our Website or upon direct inquiry.
• Loyalty and Promotional Programs: We may, from time to time, offer loyalty rewards, discount codes, promotional offers, and other incentive programs to our customers.
• Customer Support and Communication: Users may contact us through the Website for inquiries, complaints, feedback, and other customer service needs.
• Informational Content: We provide general information about our establishment, including hours of operation, location, events, and news.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, and without liability to you. Menu items, pricing, and availability are subject to change without prior notice. Not all services may be available in all locations or at all times.

All food products and services are subject to availability. We reserve the right to limit quantities, refuse service, or cancel orders at our discretion, particularly in cases of suspected fraud, misuse, or violation of these Terms.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the security of your account credentials and notify us immediately of any unauthorized use of your account;
• Use the Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations when using our services;
• Respect the intellectual property rights of Cafe Rio and third parties;
• Communicate respectfully and professionally with our staff and other users;
• Provide a valid form of payment and ensure that payments are authorized;
• Promptly pick up orders at the designated time and location when choosing in-store pickup.

3.2 Prohibited Activities

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

• Using the Website for any unlawful, fraudulent, or deceptive purpose;
• Attempting to gain unauthorized access to our systems, servers, databases, or networks;
• Interfering with or disrupting the integrity or performance of the Website or related systems;
• Transmitting any viruses, malware, spyware, or other harmful code through the Website;
• Scraping, crawling, or harvesting data from the Website without our prior written consent;
• Using automated bots, scripts, or other automated means to access the Website;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Submitting false, misleading, or defamatory reviews or feedback;
• Engaging in any conduct that restricts or inhibits others from using the Website;
• Attempting to reverse-engineer, decompile, or disassemble any software or systems used in connection with the Website;
• Using our services to send unsolicited communications, spam, or promotional materials;
• Reproducing, duplicating, copying, selling, or reselling any portion of the Website without our express written permission;
• Placing fraudulent, duplicate, or intentionally incorrect orders;
• Attempting to exploit promotions, discount codes, or loyalty programs in ways not intended by Cafe Rio.

Violation of these prohibitions may result in immediate termination of your access to our services, legal action, and potential liability for damages caused to Cafe Rio or third parties.

4. Intellectual Property Rights

The Website and all content, features, and functionality therein — including but not limited to text, graphics, logos, images, photographs, videos, audio clips, menu designs, recipes, trade names, trademarks, service marks, and software — are the exclusive property of Cafe Rio or its licensors and are protected by United States federal and state intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable state laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with our food and beverage services. This license does not include any right to:

• Modify, adapt, translate, or create derivative works based on our content;
• Reproduce, publish, distribute, or publicly display our content without prior written consent;
• Use our trademarks, logos, or service marks in any manner that implies sponsorship or endorsement by Cafe Rio;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• Use any of our proprietary information for commercial purposes.

Any feedback, suggestions, ideas, or other submissions that you voluntarily provide to us regarding our services may be used by Cafe Rio without any obligation to compensate you. By submitting such content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and publish such content in any medium.

If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected] with a detailed description of the alleged infringement, consistent with the requirements of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

5. Payment Terms

Where our Website facilitates online ordering or payment, the following payment terms apply:

5.1 Accepted Payment Methods

We accept payment via major credit cards, debit cards, and other payment methods as indicated at the time of checkout. All payments are processed through secure, third-party payment processors, and we do not store your full payment card details on our servers.

5.2 Pricing and Taxes

All prices displayed on the Website are in United States Dollars (USD) and are subject to applicable sales taxes. The total amount charged, including applicable taxes and any service or delivery fees, will be displayed to you prior to finalizing your order. We reserve the right to change pricing at any time without prior notice.

5.3 Order Confirmation

Your order is not confirmed until you receive an order confirmation via email or on-screen notification. We reserve the right to refuse or cancel any order for any reason, including but not limited to pricing errors, availability issues, or suspected fraud. If your order is cancelled after payment has been processed, we will issue a refund using the original payment method.

5.4 Refunds and Cancellations

Refunds and cancellation policies vary depending on the nature of your order. For in-store pickup orders, cancellations must be made within the time period specified at the time of ordering. For catering or special event orders, cancellation policies will be outlined in the applicable service agreement. We reserve the right to decline refund requests for food products that have been prepared and are ready for service, except in cases where the product fails to meet reasonable quality standards or applicable food safety regulations.

5.5 Fraudulent Transactions

We reserve the right to take appropriate legal action, including reporting to law enforcement authorities, in the event of suspected fraudulent transactions or payment disputes initiated in bad faith.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY CAFE RIO ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

CAFE RIO 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 OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE, INCLUDING MENU INFORMATION, NUTRITIONAL DATA, AND PRICING;
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

Cafe Rio makes no warranty or representation that our food products are free from allergens. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order to discuss their specific needs. While we take reasonable precautions, we cannot guarantee that cross-contamination with allergens will not occur in our food preparation environment.

The Website may contain links to third-party websites or services. We do not endorse, control, or assume any responsibility for the content, privacy practices, or availability of third-party websites, and we disclaim all liability arising from your use of such websites.

Nothing in this Section shall be construed to limit or exclude any warranties that cannot be excluded under applicable United States federal or state law, including protections under the FTC Act (15 U.S.C. § 45) governing unfair or deceptive acts or practices in commerce.

7. Limitation of Liability

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

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR OUR SERVICES (EXCEPT WHERE SUCH LIABILITY CANNOT BE EXCLUDED BY LAW);
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• ANY OTHER MATTER RELATING TO YOUR USE OF THE WEBSITE OR OUR SERVICES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY CASE, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO CAFE RIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

The limitations of liability in this Section apply regardless of the theory of liability, whether based in contract, tort, negligence, strict liability, or any other legal or equitable theory, and whether or not Cafe Rio has been advised of the possibility of such damages.

8. Indemnification

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

• Your use of or access to the Website or our services;
• Your violation of these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or property rights;
• Any content or information you submit, post, or transmit through the Website;
• Any fraudulent, negligent, or intentionally wrongful acts or omissions by you;
• Any dispute between you and a third party arising from your use of our services.

Cafe Rio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with our defense of such claims. You agree not to settle any claim subject to indemnification without the prior written consent of Cafe Rio.

9. 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 laws of the state in which Cafe Rio is domiciled or registered to conduct business, without regard to conflict of law principles that would require the application of the laws of any other jurisdiction.

To the extent that any legal action is required and not subject to mandatory arbitration as described in Section 10, you agree to submit to the exclusive personal jurisdiction of the federal and state courts located within the United States, and you waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Consumer protection matters shall also be subject to applicable federal law, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) may apply to California residents with respect to their personal information.

Nothing in this Section shall limit or restrict your rights under applicable mandatory consumer protection laws of your state of residence.

10. Dispute Resolution

10.1 Informal Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services, you agree to first attempt to resolve the matter informally by contacting us at [email protected]. We will endeavor to respond to your inquiry within thirty (30) days. Both parties agree to make a good-faith effort to resolve the dispute before pursuing formal proceedings.

10.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms, including their formation, interpretation, breach, termination, or validity, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except as modified herein. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.

The arbitration shall take place in the United States, at a location mutually agreed upon by the parties or as determined by the AAA. Each party shall bear its own arbitration costs unless the arbitrator determines that one party's claims or defenses were frivolous, in which case the arbitrator may award costs and attorneys' fees to the prevailing party.

10.3 Class Action Waiver

YOU AND CAFE RIO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate or join the claims of two or more persons or parties, or otherwise preside over any form of a consolidated, representative, or class proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction in order to prevent irreparable harm pending the resolution of a dispute by arbitration. Additionally, claims arising from violations of intellectual property rights may be brought in court without first engaging in arbitration or informal dispute resolution.

10.5 Opt-Out Right

You have the right to opt out of the arbitration and class action waiver provisions set forth in this Section by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first agreeing to these Terms. If you opt out, disputes will be resolved through litigation in accordance with Section 9.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or our services. We reserve the right, in our sole discretion, to:

• Suspend or terminate your access to the Website and services at any time, with or without cause or notice;
• Delete or deactivate your account and any associated data;
• Refuse service to any individual for any lawful reason.

Grounds for termination may include, but are not limited to, your violation of these Terms, fraudulent activity, abusive behavior toward our staff or other customers, or conduct that we reasonably believe is harmful to Cafe Rio, our customers, or third parties.

You may terminate your use of our services at any time by discontinuing use of the Website and, if applicable, requesting the deletion of your account by contacting us at [email protected].

Upon termination, your license to use the Website and services shall immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, indemnification, governing law, and dispute resolution.

12. Changes to Terms

Cafe Rio reserves the right to modify, update, or replace these Terms of Service at any time and at its sole discretion. When we make material changes to these Terms, we will notify you by:

• Posting the revised Terms on this page with an updated "Last Updated" date;
• Sending a notification to the email address associated with your account, where applicable;
• Displaying a prominent notice on the Website homepage or at checkout.

Your continued access to or use of the Website and our services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must immediately stop using the Website and our services.

We encourage you to review these Terms periodically to stay informed of any updates. The most current version of these Terms will always be available at eat-caferio.rest.

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, invalid, or unenforceable by a court of competent jurisdiction or arbitrator under applicable law, such provision shall be deemed severed from these Terms. The invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect to the maximum extent permitted by law.

In the event that a provision is found invalid, the parties agree that the court or arbitrator shall endeavor to give effect to the parties' original intentions as reflected in the invalid provision, and the remaining provisions shall be construed in a manner consistent with such intent.

The failure of Cafe Rio 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 Cafe Rio.

14. Additional Provisions

14.1 Entire Agreement

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

14.2 No Third-Party Beneficiaries

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

14.3 Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance under these Terms arising out of causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, civil unrest, labor disputes, power outages, internet disruptions, or supply chain failures. We will use commercially reasonable efforts to mitigate the effects of any such event and to resume normal operations as soon as practicable.

14.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Cafe Rio may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, sale of assets, or other business transaction. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, successors, and permitted assigns.

14.5 Headings

The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

14.6 Accessibility

Cafe Rio is committed to making our Website accessible to all users, including those with disabilities. If you experience any difficulty accessing our Website or services due to a disability, please contact us using the information below and we will make reasonable efforts to accommodate your needs.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation, please contact us using the following information:

We will make every reasonable effort to respond to your inquiry in a timely manner. For matters related to legal notices, please clearly indicate the nature of your inquiry in the subject line of your communication.