Terms of Service

Please read these Terms of Service carefully before using the website eat-caferio.digital or any services offered by Cafe Rio. By accessing or using our website, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must discontinue use of our website and services immediately.

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 eat-caferio.digital (the "Website"), as well as any related services, online ordering platforms, mobile features, promotions, and food service offerings provided by Cafe Rio (collectively, the "Services").

By accessing the Website, creating an account, placing a food order, subscribing to communications, or otherwise using any portion of our 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 Services under the direct supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf;
• You have the legal capacity and authority to enter into this Agreement;
• You will use the Services in compliance with all applicable local, state, and federal laws and regulations of the United States; and
• All information you provide to us is accurate, current, and complete.

If you are using the Services on behalf of a business entity, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" shall refer to that entity.

2. Description of Services

Cafe Rio is a food service company operating within the United States. Through our Website and related digital platforms, we offer the following services:

2.1 Online Food Ordering

Customers may browse our menu, customize food and beverage selections, and place orders for pickup or delivery (where available). Our menu offerings are subject to change at any time based on availability, seasonal selections, and operational requirements.

2.2 Catering Services

Cafe Rio may offer catering packages for events, corporate gatherings, and group dining occasions. Catering orders are subject to additional terms, minimum order requirements, and advance notice policies that will be communicated at the time of booking.

2.3 Loyalty and Rewards Programs

We may offer loyalty programs, promotional discounts, or rewards to registered users. Participation in any such program is governed by separate program-specific terms, which are incorporated herein by reference.

2.4 Informational Content

The Website may contain nutritional information, allergen disclosures, promotional content, recipes, blog posts, and other informational materials intended to enhance the customer experience.

2.5 Third-Party Delivery Integrations

Cafe Rio may partner with third-party delivery platforms and services. When you use a third-party delivery service, your use of that service is governed by the third party's own terms and conditions. Cafe Rio is not responsible for the actions, omissions, or policies of any third-party delivery provider.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time, with or without notice, and we shall not be liable to you or any third party for any such changes.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Services, you agree to:

• Provide accurate, complete, and current information when creating an account or placing an order;
• Maintain the confidentiality of your account credentials and immediately notify us of any unauthorized use of your account;
• Use the Services only for lawful, personal, and non-commercial purposes unless expressly authorized in writing by Cafe Rio;
• Comply with all applicable federal, state, and local laws, including consumer protection laws enforced by the Federal Trade Commission (FTC) under the FTC Act (15 U.S.C. § 45);
• Respect the intellectual property rights of Cafe Rio and all third parties;
• Ensure that all food orders are placed in good faith and with intent to complete the transaction.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following activities while using our Website or Services:

• Fraudulent Orders: Placing orders with no intent to pay, using stolen payment credentials, or engaging in any form of payment fraud;
• Unauthorized Access: Attempting to gain unauthorized access to our servers, systems, databases, or other restricted areas of the Website;
• Scraping and Data Mining: Using automated tools, bots, scrapers, or similar technology to extract data from the Website without our express written consent;
• Reverse Engineering: Attempting to reverse engineer, decompile, disassemble, or otherwise derive the source code of any software associated with the Website;
• Interference: Uploading or transmitting viruses, malware, or any other malicious code that may interfere with the functioning of our Website or Services;
• Harassment: Using the Services to harass, threaten, intimidate, or harm any individual, including Cafe Rio employees, contractors, or other customers;
• Impersonation: Impersonating any person or entity, or falsely claiming an affiliation with any person or entity;
• Spam: Sending unsolicited commercial messages or engaging in any form of spamming through our platform;
• Illegal Activity: Using the Services for any purpose that violates applicable federal or state law, including without limitation, laws governing unfair or deceptive practices under the FTC Act;
• Resale: Reselling, redistributing, or commercially exploiting any portion of the Services without prior written authorization from Cafe Rio.

Violation of any of these prohibitions may result in immediate termination of your account and access to our Services, and may subject you to civil or criminal liability under applicable law.

4. Intellectual Property Rights

4.1 Ownership

All content available through the Website and Services, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and "look and feel" of the Website (collectively, the "Content"), is the exclusive property of Cafe Rio or its licensors and is protected by applicable United States copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

The name "Cafe Rio," associated logos, slogans, and all related marks are trademarks or service marks of Cafe Rio. You are not permitted to use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right, license, or interest in or to any Cafe Rio trademark.

4.3 Limited License

Subject to your compliance with these Terms, Cafe Rio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content solely for personal, non-commercial purposes. This license does not permit you to:

• Copy, reproduce, republish, upload, post, transmit, or distribute any Content without prior written authorization;
• Modify or create derivative works based on the Content;
• Use the Content for any commercial purpose or for any public display, commercial or non-commercial, without our express consent;
• Remove any copyright, trademark, or other proprietary notices from any Content.

4.4 User-Submitted Content

If you submit any reviews, comments, feedback, photos, or other content through our Website or social media channels ("User Content"), you hereby grant Cafe Rio a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with the operation and promotion of our Services. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe upon the rights of any third party.

5. Payment Terms

5.1 Pricing

All prices listed on our Website are denominated in United States Dollars (USD) and are subject to change without notice. Applicable sales taxes will be calculated and displayed at checkout based on your location and applicable state and local tax rates.

5.2 Payment Methods

We accept major credit cards, debit cards, and other payment methods as indicated on the Website at the time of checkout. By submitting an order, you authorize Cafe Rio (or its authorized payment processors) to charge the designated payment method for the total amount due, including the cost of food items, applicable taxes, delivery fees, and service charges.

5.3 Order Confirmation

Upon successful placement of an order, you will receive an electronic order confirmation to the email address provided. This confirmation constitutes our acceptance of your order. Cafe Rio reserves the right to refuse, cancel, or limit any order for any reason, including suspected fraud, errors in pricing or availability, or violations of these Terms.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final. If you experience an issue with your order — including incorrect items, missing items, or quality concerns — please contact us promptly at [email protected]. Refunds or credits are issued at the sole discretion of Cafe Rio and are evaluated on a case-by-case basis. Catering order cancellations are subject to the specific cancellation policy communicated at the time of booking.

5.5 Promotional Offers

Discounts, coupons, and promotional codes are subject to their own specific terms and expiration dates. Promotions may not be combined unless expressly stated, and Cafe Rio reserves the right to modify or discontinue any promotion at any time.

6. Disclaimers

6.1 As-Is Basis

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

6.2 No Warranty of Accuracy

While we make reasonable efforts to ensure that all information on our Website — including menu descriptions, nutritional data, allergen information, and pricing — is accurate and up to date, we do not warrant that such information is free from errors, omissions, or inaccuracies. Menu items, ingredients, and nutritional content may vary by location and are subject to change. Customers with food allergies or dietary restrictions are strongly encouraged to contact us directly before placing an order.

6.3 Allergen Disclaimer

Cafe Rio operates food preparation facilities that may handle common allergens including peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. While we make efforts to accommodate dietary needs, we cannot guarantee that cross-contamination will not occur. Customers with severe allergies assume all associated risks when consuming our food products.

6.4 Third-Party Links

The Website may contain links to third-party websites or services. These links are provided for your convenience only. Cafe Rio has no control over the content, privacy policies, or practices of any third-party sites and expressly disclaims all responsibility for any loss or damage arising from your use of such third-party sites.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, 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 food products purchased through our Website;
• Unauthorized access, use, or alteration of your transmissions or data;
• Any errors, inaccuracies, or omissions in any content on the Website.

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

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. To the extent that such laws apply to you, some of the above limitations may not apply.

8. Indemnification

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

• Your use or misuse of the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, regulation, or third-party right, including any intellectual property right or privacy right;
• Any User Content you submit, post, or transmit through the Website;
• Your negligence, willful misconduct, or fraudulent behavior;
• Any dispute between you and any third party arising from your use of the Services.

Cafe Rio reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you agree to cooperate with our defense of such claims. You shall not settle any claim without Cafe Rio's prior written consent.

9. Privacy Policy

Your use of our 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 share information about you when you use our Services. To the extent that you are a resident of California, your rights are further protected under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), Cal. Civ. Code § 1798.100 et seq. We encourage you to review our Privacy Policy carefully at eat-caferio.digital.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute, claim, or controversy arising out of or relating to these Terms, the Website, or the Services shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which Cafe Rio's principal place of business is registered, without regard to any conflict of law principles that would require the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising under or relating to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to the laying of venue in any such court.

Nothing in these Terms shall limit Cafe Rio's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact Cafe Rio at [email protected] and provide a written description of the dispute, your name, contact information, and the relief sought. Both parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days of the date the notice is received.

11.2 Binding Arbitration

If informal resolution is unsuccessful, you agree that any unresolved dispute, controversy, or claim arising out of or relating to these Terms or the Services (excluding claims for injunctive or equitable relief) shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, which are incorporated herein by reference. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, CONSOLIDATED, 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.

11.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction where necessary to prevent irreparable harm pending the outcome of arbitration.

12. Term and Termination

12.1 Duration

These Terms shall remain in full force and effect for as long as you continue to access or use the Website or Services, unless earlier terminated in accordance with the provisions of this section.

12.2 Termination by You

You may terminate your account or stop using the Services at any time. If you wish to delete your account, please contact us at [email protected] with your request.

12.3 Termination by Cafe Rio

Cafe Rio reserves the right, at its sole discretion, to suspend, restrict, or permanently terminate your access to the Website and Services, with or without notice, for any reason, including without limitation:

• Violation of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Requests from law enforcement or government authorities;
• Circumstances that would expose Cafe Rio to legal liability;
• Discontinuation or material modification of the Services.

12.4 Effects of Termination

Upon termination of these Terms for any reason, your license to use the Services shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, provisions related to intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.

13. Changes to These Terms

Cafe Rio reserves the right to modify, update, or revise these Terms of Service at any time in its sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where practicable, provide additional notice such as a prominent notification on our Website or an email to registered users.

Your continued use of the Website or Services following the posting of any revised Terms constitutes your acceptance of and agreement to be bound by those changes. If you do not agree to the revised Terms, you must immediately cease using the Website and Services.

We encourage you to review these Terms periodically to stay informed about your rights and obligations. The most current version of these Terms will always be available at eat-caferio.digital.

14. Severability

If any provision of these Terms of Service is found to be unlawful, void, or for any reason unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable, or if such modification is not possible, it shall be severed from these Terms entirely.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

15. Entire Agreement

These Terms of Service, together with the Privacy Policy and any other legal notices, policies, 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, and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written, between you and Cafe Rio regarding the same subject matter.

In the event of any conflict between these Terms and any other agreement you may have with Cafe Rio, these Terms shall control unless the other agreement expressly states that it supersedes these Terms.

16. Electronic Communications

By using our Website or Services, you consent to receiving electronic communications from Cafe Rio, including emails, push notifications, and Website notices. These electronic communications may include information about your account, orders, promotions, and changes to our policies. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001 et seq.

17. Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or related to causes beyond its reasonable control, including without limitation: acts of God, natural disasters, pandemic, epidemic, public health emergency, fire, flood, earthquake, government restrictions or mandates, labor disputes, power outages, internet service disruptions, war, terrorism, or civil unrest. In such circumstances, Cafe Rio's obligations will be suspended for the duration of the force majeure event, and we will make reasonable efforts to resume normal operations as quickly as possible.

18. Accessibility

Cafe Rio is committed to making its Website and Services accessible to individuals with disabilities in accordance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., and applicable Web Content Accessibility Guidelines (WCAG). If you experience accessibility barriers while using our Website, please contact us and we will make reasonable efforts to assist you.

19. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact Cafe Rio for any reason related to your use of the Website or Services, please reach out to us using the contact details below:

We aim to respond to all inquiries within five (5) business days. For urgent matters related to food safety or order issues, please contact us via email and indicate the urgency of your matter in the subject line.