Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before accessing or using the website located at foodcaferio.digital (the "Website") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease using the Website and all associated services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at foodcaferio.digital, placing an order, registering an account, or engaging with any content or services offered by Cafe Rio, you ("User," "Customer," or "you") expressly agree to comply with and 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 Cafe Rio under the laws of the United States.

These Terms apply to all visitors, users, customers, and any other individuals who access or use the Website. If you are using this Website on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and that the entity agrees to these Terms.

We reserve the right to update, revise, or modify these Terms at any time at our sole discretion. Continued use of the Website after any modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for any updates or changes.

2. Description of Services

Cafe Rio operates as a food service company providing customers with access to our menu offerings, online ordering capabilities, catering services, loyalty programs, promotional content, and other food-related services through our Website at foodcaferio.digital and associated digital platforms (collectively, the "Services").

Our Services may include, but are not limited to:

• Online ordering of food and beverages for pickup or delivery
• Catering order requests and scheduling
• User account creation and management
• Access to menu information, nutritional details, and allergen disclosures
• Loyalty and rewards program participation
• Promotional offers, discount codes, and gift card services
• Customer feedback and support services
• Email newsletters and marketing communications (with opt-in consent)

Cafe Rio reserves the right to modify, suspend, or discontinue any portion of the 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 the Services.

The availability of menu items, pricing, and services may vary by location and are subject to change without notice. Photographs and descriptions of food items on the Website are for illustrative purposes only and may not exactly represent the final product.

3. User Eligibility and Account Registration

To access certain features of the Website, including placing orders or participating in our loyalty program, you may be required to create an account. You represent and warrant that:

• You are at least 18 years of age, or at least 13 years of age with verifiable parental or guardian consent;
• You have the legal capacity to enter into binding agreements under applicable United States law;
• All information you provide during registration and account use is accurate, current, and complete;
• You will maintain the accuracy of your account information and promptly update it as necessary;
• You are responsible for maintaining the confidentiality of your account credentials, including your password;
• You will notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

Cafe Rio reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion for any reason, including but not limited to violations of these Terms.

4. User Obligations and Prohibited Activities

As a condition of your use of the Website and Services, you agree to use the Website only for lawful purposes and in a manner consistent with these Terms. You agree not to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Violating any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 45, and any applicable state consumer protection laws;
• Using the Website for any fraudulent, deceptive, or misleading purpose;
• Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;
• Submitting false, inaccurate, or misleading information in connection with any order, account, or communication;
• Interfering with, disrupting, or creating an undue burden on the Website or its servers or networks;
• Attempting to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website;
• Using any automated means, including robots, spiders, scrapers, or data mining tools, to access or collect data from the Website without our express written permission;
• Transmitting any viruses, malware, or other harmful code or technology through the Website;
• Collecting or harvesting any personally identifiable information from the Website without authorization;
• Posting, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
• Engaging in any activity that could damage, disable, overburden, or impair the proper functioning of the Website.

4.2 Order-Related Obligations

• You agree to provide accurate delivery addresses and contact information when placing orders;
• You acknowledge that placing a fraudulent order or disputing a legitimate charge in bad faith may result in account suspension and legal action;
• You agree not to resell food items purchased through the Website for commercial purposes without prior written authorization from Cafe Rio;
• You agree to comply with all applicable health and safety guidelines when receiving and handling food orders.

Violation of these obligations may result in immediate termination of your account, cancellation of pending orders, and potential legal liability. Cafe Rio reserves the right to investigate and cooperate with law enforcement authorities regarding any illegal activities conducted through the Website.

5. Intellectual Property Rights

The Website and all of its contents, including but not limited to text, graphics, logos, icons, images, photographs, audio and video clips, digital downloads, data compilations, software, and all other material (collectively, "Content"), are the exclusive property of Cafe Rio or its licensors and are protected under United States and international intellectual property laws, including the Copyright Act of 1976 (17 U.S.C. § 101 et seq.), the Lanham Act (15 U.S.C. § 1051 et seq.), and applicable trade secret laws.

5.1 Trademarks

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

5.2 Limited License

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

• Reproduce, distribute, or publicly display any portion of the Content;
• Create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering or extraction tools;
• Frame or utilize framing techniques to enclose any trademark, logo, or Content;
• Use meta tags or any other hidden text utilizing our name or trademarks.

Any unauthorized use of the Content terminates the license granted herein and may subject you to liability under applicable intellectual property laws.

5.3 User-Submitted Content

If you submit reviews, feedback, suggestions, photographs, or other content to Cafe Rio through the Website, you grant Cafe Rio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to submit such content and that it does not infringe any third-party rights.

6. Payment Terms and Ordering

All purchases made through the Website are subject to the following payment terms:

6.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes, service fees, and delivery charges will be calculated and displayed at checkout prior to order confirmation. Cafe Rio strives to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel any affected orders and provide a full refund.

6.2 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 Cafe Rio to charge the total order amount to your selected payment method.

6.3 Order Confirmation and Cancellation

An order confirmation via email does not constitute acceptance of your order. Cafe Rio reserves the right to cancel or refuse any order for any reason, including but not limited to product availability, pricing errors, or suspected fraud. If an order is cancelled by Cafe Rio after payment has been processed, you will receive a full refund to your original payment method within a commercially reasonable time frame.

6.4 Refunds and Returns

Due to the perishable nature of food products, all sales are generally final. If you receive an order that is incorrect, incomplete, or of unsatisfactory quality due to our error, please contact us at [email protected] within 24 hours of receipt. We will review your claim and, at our discretion, offer a replacement, credit, or refund as appropriate.

6.5 Gift Cards and Promotional Codes

Gift cards and promotional codes are subject to their respective terms and conditions. They have no cash value, are non-transferable, and may not be redeemed for cash unless required by applicable law. Cafe Rio is not responsible for lost, stolen, or misused gift cards or promotional codes.

7. Food Allergen and Nutritional Information Disclaimer

Cafe Rio takes food safety seriously; however, our food products are prepared in facilities that handle various allergens, including but not limited to gluten, dairy, eggs, nuts, soy, and shellfish. We cannot guarantee that any menu item is completely free from allergens or cross-contamination. The nutritional and allergen information provided on the Website is based on standard recipes and may vary due to ingredient substitutions, preparation methods, and portion sizes.

Customers with known food allergies or dietary restrictions should exercise caution and consult with our staff before ordering. Cafe Rio shall not be liable for any adverse health reactions resulting from the consumption of our food products by individuals who failed to disclose their allergies or dietary restrictions.

8. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES 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 FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON THE WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE FROM TECHNICAL PROBLEMS.

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY.

IN NO EVENT SHALL CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO CAFE RIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or 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 in a manner not expressly authorized by these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or consumer protection right;
• Any content or information you submit to the Website;
• Any misrepresentation made by you in connection with your use of the Services;
• Your negligent or intentional misconduct.

Cafe Rio reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate with our defense of such claims and not to settle any such claim without our prior written consent.

11. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, share, and protect your personal information in compliance with applicable United States federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA) for California residents, and the FTC Act regarding unfair or deceptive acts or practices.

By using the Website, you consent to the collection and use of your information as described in our Privacy Policy. If you are a California resident, you may have additional rights regarding your 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 your privacy rights.

For privacy-related inquiries, please contact us at [email protected].

12. Third-Party Links and Services

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Cafe Rio. These links are provided for your convenience only. Cafe Rio has no control over and assumes no responsibility for the content, privacy policies, practices, or terms of any third-party websites or services. We encourage you to review the terms and privacy policies of any third-party websites you visit.

The inclusion of any link on the Website does not imply endorsement, approval, or recommendation by Cafe Rio of the linked website or its content. Cafe Rio shall not be liable for any loss or damage arising from your use of or reliance on any content, goods, or services available on third-party websites.

13. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of the Website and Services shall be governed by and construed in accordance with the laws of the United States of America and the laws of the state in which Cafe Rio is registered and operates, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction's laws.

Subject to the dispute resolution provisions below, you agree that any legal action or proceeding arising out of or related to these Terms or your use of the Website shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and you hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in such courts.

If you are accessing the Website from outside the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws. Cafe Rio makes no representation that the Website or its Services are appropriate or available for use in all locations.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Cafe Rio at [email protected] and attempt to resolve the dispute informally. You and Cafe Rio agree to negotiate in good faith to resolve the dispute within thirty (30) days of the initial notice. If the dispute is not resolved informally within this period, either party may proceed as provided below.

14.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

Except for claims that qualify for small claims court or requests for injunctive or other equitable relief to prevent unauthorized use of intellectual property, you and Cafe Rio agree that any dispute, controversy, or claim arising out of or relating to these Terms, the Website, or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as then in effect.

The arbitration shall be conducted in English, and the arbitrator's award shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The costs of arbitration shall be allocated in accordance with the AAA Consumer Arbitration Rules.

14.3 Class Action Waiver

YOU AND CAFE RIO 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 OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

14.4 Opt-Out Right

You have the right to opt out of the arbitration and class action waiver provisions above by notifying Cafe Rio in writing within thirty (30) days of first accepting these Terms. To opt out, send a written notice to [email protected] stating your name, address, and your request to opt out of arbitration.

15. Term and Termination

These Terms shall remain in full force and effect for as long as you use the Website or maintain an account with Cafe Rio. Either party may terminate this Agreement at any time.

You may terminate your account by contacting us at [email protected] and requesting account deletion. Cafe Rio may suspend or terminate your account and access to the Website at any time, with or without cause and with or without notice, including but not limited to:

• Violation of these Terms of Service;
• Fraudulent, illegal, or abusive use of the Website or Services;
• Requests from law enforcement or government agencies;
• Discontinuation of the Website or Services;
• Unexpected technical or security issues.

Upon termination, 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 ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to These Terms

Cafe Rio reserves the right to revise and update these Terms of Service at any time at our sole discretion. All changes are effective immediately upon posting to the Website and apply to all access and use of the Website thereafter. We will endeavor to provide notice of material changes by updating the "Last Updated" date at the top of these Terms, posting a notice on the Website, or sending an email notification to registered users.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.

17. Severability

If any provision of these Terms of Service is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining provisions of these Terms shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties to the greatest extent possible.

18. Waiver

No failure or delay by Cafe Rio in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies provided by law.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by Cafe Rio on the Website, constitute the entire agreement between you and Cafe Rio with respect to your use of the Website and Services. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the subject matter hereof. No modification of this Agreement shall be binding unless made in writing and signed by an authorized representative of Cafe Rio.

20. Electronic Communications Consent

By using the Website and creating an account, you consent to receiving communications from Cafe Rio electronically. Cafe Rio may communicate with you via email, through notices posted on the Website, or through other means. You agree that all agreements, notices, disclosures, and other communications that Cafe Rio provides to you electronically satisfy any legal requirement that such communications be in writing. This consent does not affect your statutory rights under the CAN-SPAM Act (15 U.S.C. § 7701 et seq.) or other applicable federal and state laws governing electronic communications and marketing.

21. Force Majeure

Cafe Rio shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, civil unrest, governmental action, labor disputes, supply chain disruptions, power outages, or internet service failures. In the event of a force majeure event, Cafe Rio will use commercially reasonable efforts to resume normal operations as soon as practicable.

22. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights under applicable law, or any aspect of the Website or Services, please contact us using the following information:

We endeavor to respond to all inquiries within five (5) business days. For urgent matters, please clearly indicate the nature of your request in the subject line of your email communication.