Terms of Service

Please read these Terms of Service carefully before accessing or using the website cafessrio.rest or any services offered by Cafe Rio. By accessing or using our website, placing an order, or otherwise engaging with our services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website located at cafessrio.rest (the "Website") and all related services, features, content, and functionality offered by Cafe Rio, including but not limited to online ordering, reservations, loyalty programs, promotional offers, and any other food-related services (collectively, the "Services").

By using the Website or Services, you represent and warrant that:

• You are at least 18 years of age, or if you are between the ages of 13 and 17, you are using the Website under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms.
• You have the legal capacity and authority to enter into a binding agreement.
• You are not prohibited from receiving services under any applicable laws of the United States or any other jurisdiction.
• You have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you are using these Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, and references to "you" shall include such entity.

2. Description of Services

Cafe Rio is a food service establishment operating in the United States, offering customers a variety of culinary experiences, dining options, and related services. Through our Website and associated platforms, we provide the following services:

2.1 Online Ordering

Customers may place orders for food and beverages through our Website for pickup or delivery (where available). All orders are subject to availability, pricing, and operational hours. Cafe Rio reserves the right to modify menu items, pricing, and availability at any time without prior notice.

2.2 Reservations and Catering

Our Website may allow customers to make dining reservations or inquire about catering services for events. Reservations are subject to availability and confirmation by Cafe Rio. Catering orders may require advance notice, deposits, or additional agreements.

2.3 Promotions and Loyalty Programs

From time to time, Cafe Rio may offer promotional deals, discounts, gift cards, loyalty rewards, or other special programs. These are subject to their own specific terms and conditions, which will be made available at the time of the promotion. Cafe Rio reserves the right to discontinue, modify, or cancel any promotional program at its sole discretion.

2.4 Informational Content

The Website provides general information about Cafe Rio, including menu options, nutritional information, allergen notices, hours of operation, and contact details. While we strive to keep this information accurate and current, we make no guarantees as to its completeness or accuracy.

2.5 Third-Party Services

Some services offered through our Website may be provided by third-party partners, including but not limited to third-party delivery platforms, payment processors, and mapping services. Your use of such third-party services is governed by their respective terms and conditions and privacy policies. Cafe Rio is not responsible for the practices or policies of any third-party service providers.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, complete, and current information when creating an account, placing orders, or otherwise engaging with our Services.
• Maintain the confidentiality of your account credentials, including your username and password, 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, regulations, and ordinances of the United States.
• Promptly update your account information to keep it accurate and current.
• Be responsible for all activity that occurs under your account, whether or not you authorized such activity.

3.2 Prohibited Activities

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

• Fraudulent Activity: Using the Website or Services for any fraudulent or deceptive purpose, including but not limited to placing false or fictitious orders, using stolen payment information, or misrepresenting your identity.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, server, network, or system connected to the Website.
• Harmful Conduct: Uploading, transmitting, or distributing any viruses, malware, spyware, or other harmful or malicious code through the Website.
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works of any content on the Website without express written permission from Cafe Rio.
• Harassment or Abuse: Using the Website or Services to harass, threaten, intimidate, or harm any person, including Cafe Rio employees, staff, or other users.
• Spam and Unsolicited Communications: Sending unsolicited commercial communications (spam) or engaging in any activity designed to collect user information without consent.
• Automated Scraping: Using bots, scrapers, crawlers, or other automated tools to access, collect, or extract data from the Website without our express written consent.
• Interference: Engaging in any activity that interferes with or disrupts the normal functioning of the Website, servers, or networks.
• Impersonation: Impersonating Cafe Rio, its employees, representatives, or any other person or entity.
• Illegal Activities: Using the Website or Services for any purpose that violates any applicable federal, state, or local law or regulation, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state laws.

Cafe Rio reserves the right to investigate and take appropriate legal action against anyone who, in Cafe Rio's sole discretion, violates this provision, including without limitation, reporting such users to law enforcement authorities.

4. Intellectual Property Rights

4.1 Ownership

All content, features, and functionality on the Website — including but not limited to text, graphics, logos, images, menu designs, photographs, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website — are the exclusive property of Cafe Rio and/or its licensors and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, patent, and trade secret laws.

4.2 Limited License

Subject to your compliance with 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 use in connection with our Services. This license does not include any right to:

• Resell or commercially exploit the Website or any content therein.
• Download, copy, or cache any portion of the Website for commercial use.
• Modify, adapt, or create derivative works based upon the Website content.
• Use any data mining, robots, or similar data gathering methods.

4.3 Trademarks

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

4.4 User-Submitted Content

If you submit, post, or upload any content to our Website (including reviews, comments, photos, or feedback), you grant Cafe Rio a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly display, and otherwise exploit such content in connection with our Services and marketing activities. You represent and warrant that you own or have the necessary rights to such content and that it does not violate any third-party rights or applicable law.

5. Payment Terms

5.1 Pricing

All prices for menu items and services are listed in United States Dollars (USD) and are subject to change without notice. Prices displayed on the Website may differ from prices available at our physical location(s). Applicable taxes, delivery fees, service charges, and gratuities may be added to your order total at checkout.

5.2 Payment Methods

Cafe Rio accepts various forms of payment, which may include major credit cards, debit cards, digital wallets, 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 and/or its payment processors to charge your payment method for the total amount of your order.

5.3 Payment Processing

Payment processing services are provided by third-party payment processors. Cafe Rio does not store your complete credit card or financial information on its servers. Your payment data is handled in accordance with applicable Payment Card Industry Data Security Standards (PCI-DSS).

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. Refunds or replacements may be offered at Cafe Rio's sole discretion in cases of incorrect orders, quality issues, or other service failures. To request a refund or report an issue, please contact us at [email protected] within 24 hours of receiving your order. Catering deposits may be non-refundable as specified in your catering agreement.

5.5 Promotional Codes and Gift Cards

Promotional codes and gift cards are subject to their own terms and conditions. They cannot be combined with other offers unless specifically stated, have no cash value unless required by law, and must be used prior to their expiration date. Cafe Rio is not responsible for lost, stolen, or expired promotional codes or gift cards.

6. Disclaimers and "As-Is" Basis

6.1 General Disclaimer

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Availability

Cafe Rio does not warrant that the Website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee that any specific menu items, services, or features will be available at any given time. Access to the Website may be suspended or restricted from time to time for maintenance, updates, or other operational reasons.

6.3 Nutritional and Allergen Information

Nutritional information and allergen data provided on the Website are estimates based on standard preparation methods and may vary based on portion size, ingredient substitutions, regional differences, and other factors. This information is provided for general guidance only and should not be relied upon as a substitute for professional medical or dietary advice. Customers with food allergies or dietary restrictions should inform our staff directly before ordering. Cafe Rio cannot guarantee a completely allergen-free environment.

6.4 Third-Party Links

The Website may contain links to third-party websites or resources. These links are provided for convenience only and do not imply endorsement or responsibility for such third-party websites or their content, products, or services. Cafe Rio is not responsible for any content, privacy practices, or terms of any third-party website.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Website or Services.
• Any conduct or content of any third party on the Website.
• Any content obtained from the Website.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any errors, inaccuracies, or omissions in the content of the Website.
• Any food-related issues, including but not limited to foodborne illness, allergic reactions, or dietary concerns, except to the extent such liability arises from Cafe Rio's gross negligence or willful misconduct.

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CAFE RIO'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN ANY EVENT, CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE OR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CAFE RIO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

8. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, 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 or any applicable law or regulation.
• Your use of the Website or Services, including but not limited to your user submissions, conduct, and activities on the Website.
• Your violation of any third party's rights, including but not limited to intellectual property rights, privacy rights, or contractual rights.
• Any false or misleading information provided by you in connection with your use of the Services.
• Your negligence or willful misconduct.

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. You agree to cooperate with Cafe Rio's defense of such claims and not to settle any such claim without Cafe Rio's prior written consent.

9. Governing Law and Jurisdiction

These Terms 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 of America and the applicable state laws of the state in which Cafe Rio's principal place of business is located, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Cafe Rio agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the applicable jurisdiction of Cafe Rio's principal place of business for the purpose of litigating all such disputes.

These Terms and your use of the Website are also subject to applicable federal laws of the United States, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) — governing unfair or deceptive acts and practices in commerce.
• The Computer Fraud and Abuse Act (18 U.S.C. § 1030) — governing unauthorized computer access and related activities.
• The CAN-SPAM Act (15 U.S.C. § 7701 et seq.) — governing commercial electronic mail communications.
• The Americans with Disabilities Act (ADA) — to the extent applicable to our Website and digital services.
• All applicable federal food safety regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA).

If Cafe Rio operates in or serves customers in the state of California, California residents may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). For more information, please refer to our Privacy Policy.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution procedure, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services informally by contacting Cafe Rio at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that time, either party may proceed with formal dispute resolution as outlined below.

10.2 Binding Arbitration

EXCEPT FOR CLAIMS THAT QUALIFY FOR SMALL CLAIMS COURT, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES, SHALL BE DETERMINED BY BINDING ARBITRATION. The arbitration shall be 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 decision shall be final and binding.

10.3 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cafe Rio agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

10.5 Arbitration Fees

The allocation of arbitration fees and costs shall be governed by the applicable AAA Consumer Arbitration Rules. Cafe Rio will not seek attorneys' fees or costs in arbitration unless the arbitrator finds that your claim was frivolous or brought in bad faith.

11. Term and Termination

11.1 Term

These Terms are effective as of the date you first access the Website or use the Services and shall remain in effect until terminated in accordance with these Terms.

11.2 Termination by You

You may terminate your account and discontinue use of the Services at any time by contacting us at [email protected] and requesting account deletion. Upon termination, your right to use the Website and Services shall immediately cease.

11.3 Termination by Cafe Rio

Cafe Rio reserves the right, at its sole discretion and without notice or liability, to:

• Suspend or terminate your access to all or part of the Website or Services for any reason, including if we believe you have violated these Terms.
• Modify, discontinue, or suspend the Website or any Services at any time, with or without notice.
• Cancel any order that we reasonably suspect to be fraudulent, or that cannot be fulfilled due to operational constraints.

11.4 Effect of Termination

Upon termination of these Terms for any reason, all rights and licenses granted to you under these Terms shall immediately terminate. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 7 (Limitation of Liability), 8 (Indemnification), 9 (Governing Law), 10 (Dispute Resolution), and 14 (Severability).

12. Changes to Terms

Cafe Rio reserves the right to revise and update these Terms at any time in its sole discretion. All changes are effective immediately upon posting to the Website. We will indicate the date of the most recent revision at the top of this page. It is your responsibility to periodically review these Terms to stay informed of any updates.

Your continued use of the Website or Services following the posting of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Website and Services immediately.

For material changes that significantly affect your rights or obligations, Cafe Rio may provide additional notice, such as an email notification (if you have provided an email address) or a prominent notice on the Website. However, we are under no obligation to provide such advance notice for all changes.

13. Accessibility

Cafe Rio is committed to ensuring that its Website and Services are accessible to individuals with disabilities, consistent with the requirements of the Americans with Disabilities Act (ADA) and applicable state accessibility laws. If you experience any difficulty accessing our Website or Services due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your needs.

14. Privacy Policy

Your use of the Website and Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose your personal information. By using our Website or Services, you consent to the collection and use of your information as described in our Privacy Policy.

To the extent that Cafe Rio collects personal information from California residents, such individuals may have rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (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. Please refer to our Privacy Policy for more information.

15. Food Safety and Compliance

Cafe Rio operates in compliance with all applicable federal, state, and local food safety laws and regulations, including those established by the U.S. Food and Drug Administration (FDA) under the Food Safety Modernization Act (FSMA), applicable state health department regulations, and local health and sanitation codes. We take food safety seriously and are committed to maintaining the highest standards of food preparation, handling, and storage.

Customers are encouraged to promptly report any food safety concerns or complaints to us at [email protected]. Concerns may also be reported to relevant local or state health authorities.

16. 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 events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, government actions, labor disputes, supply chain disruptions, utility failures, or Internet service outages. In the event of a force majeure occurrence, Cafe Rio will make reasonable efforts to notify affected customers and resume Services as soon as practicable.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements, policies, or terms specifically incorporated by reference herein, constitute the entire agreement between you and Cafe Rio with respect to your use of the Website and Services. These Terms supersede all prior agreements, representations, warranties, and understandings between you and Cafe Rio relating to the subject matter hereof, whether written or oral.

18. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision of these Terms.

In the event that a provision is found unenforceable, the court or arbitrator shall endeavor to give effect to the parties' intentions as reflected in the provision, to the maximum extent permissible under applicable law.

19. Waiver

No failure or delay by Cafe Rio in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. A waiver by Cafe Rio of any provision of these Terms shall not be construed as a continuing waiver of such provision or a waiver of any other provision.

20. Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Cafe Rio's prior written consent. Any attempted assignment in violation of this section shall be null and void. Cafe Rio may freely assign these Terms or any of its rights or obligations hereunder without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, your use of the Website, or any Services provided by Cafe Rio, please do not hesitate to contact us using the information below:

We strive to respond to all inquiries within five (5) business days. For urgent matters, particularly those related to food safety, health concerns, or order issues, please mark your communication accordingly so that we may prioritize your request.