Terms of Service

Please read these Terms of Service carefully before using the website located at caferiomexican.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 legally bound by these Terms of Service. If you do not agree with any part of these terms, you must immediately discontinue your use of our website and services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Cafe Rio ("Company," "we," "us," or "our"), governing your access to and use of the website caferiomexican.rest (the "Website") and all related services, products, content, features, and functionality offered by Cafe Rio (collectively, the "Services").

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

• You are at least 18 years of age or have reached the age of majority in your jurisdiction;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from using our Services;
• You have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using our Website on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you as an individual and that entity.

Your continued use of our Website after any modifications to these Terms constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any changes.

2. Description of Services

Cafe Rio is a food service establishment that provides Mexican-inspired cuisine, beverages, and related food products to consumers. Our Services include, but are not limited to:

• Online Menu Browsing: Customers may browse our full menu, including descriptions, ingredients, pricing, and nutritional information, via our Website.
• Online Ordering: Customers may place orders for in-store pickup, curbside service, or delivery through our Website or third-party platforms integrated with our Services.
• Catering Services: We offer catering options for events, corporate functions, and private gatherings, subject to availability and advance booking requirements.
• Gift Cards and Promotions: We may offer digital or physical gift cards, promotional discounts, loyalty rewards, and special offers through the Website.
• Customer Account Services: Users may create accounts to manage preferences, track orders, and access personalized deals and rewards.
• Informational Content: Our Website provides information about our locations, hours of operation, company history, and contact details.

Cafe Rio reserves the right, at its sole discretion, to modify, suspend, discontinue, or restrict access to any portion of the Services at any time, with or without notice, and without liability to you or any third party. We do not guarantee that the Website or any specific feature will always be available, uninterrupted, or error-free.

Menu items, pricing, availability, and promotions are subject to change without notice and may vary by location. Images displayed on the Website are for illustrative purposes only, and actual products may differ in appearance.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Services, you agree to:

• Provide accurate, current, and complete information when creating an account or placing an order;
• Maintain the confidentiality 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 in connection with your use of the Services;
• Respect the intellectual property rights of Cafe Rio and third parties;
• Use the Services in a manner that does not infringe the rights of others or restrict or inhibit anyone's use or enjoyment of the Website.

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website or Services for any fraudulent, illegal, or unauthorized purpose;
• Impersonate any person or entity, or falsely represent your identity, affiliation, or authorization;
• Engage in any activity that disrupts, damages, or interferes with the functioning of the Website or Services;
• Attempt to gain unauthorized access to any portion of the Website, other user accounts, or Cafe Rio's computer systems or networks;
• Use automated tools, bots, scripts, spiders, or scrapers to access, collect, or scrape any data from the Website without prior written consent;
• Transmit any viruses, malware, worms, Trojan horses, or other harmful code through the Website;
• Post, upload, or transmit any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable;
• Circumvent, disable, or interfere with any security features of the Website;
• Use our Services to solicit personal information from minors or engage in any conduct that exploits, harms, or threatens children;
• Violate any applicable local, state, federal, or international laws or regulations;
• Use the Services to send unsolicited commercial communications or spam;
• Reverse engineer, decompile, or disassemble any software associated with our Website.

Cafe Rio reserves the right to investigate suspected violations of these Terms and to take appropriate legal action, including civil, criminal, and injunctive remedies, against violators. We may also suspend or terminate your access to the Services immediately upon detecting any prohibited activity.

4. User Accounts

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to:

• Provide truthful and accurate registration information;
• Keep your password and account information confidential and secure;
• Notify Cafe Rio immediately at [email protected] if you suspect any unauthorized access to or use of your account;
• Be solely responsible for all activity that occurs under your account.

Cafe Rio will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials. We reserve the right to terminate or suspend accounts that violate these Terms or for any other reason at our sole discretion.

5. Intellectual Property Rights

5.1 Ownership

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the arrangement thereof — are the exclusive property of Cafe Rio or its licensors and are protected by applicable United States and international intellectual property laws, including but not limited to copyright, trademark, trade secret, and patent laws.

5.2 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 Services for your personal, non-commercial use only. This license does not include:

• Any resale or commercial use of the Website or its contents;
• The right to collect and use any product listings, descriptions, or prices;
• Any use of data mining, robots, or similar data gathering or extraction tools;
• Downloading or copying account information for the benefit of any third party;
• Any use of the Website or its content other than as expressly authorized herein.

5.3 Trademarks

The name "Cafe Rio," our logo, and all related product and service names, design marks, and slogans are trademarks and service marks of Cafe Rio. You may not use any of our trademarks, logos, or trade dress without our prior written consent. All other trademarks appearing on the Website are the property of their respective owners.

5.4 User-Submitted Content

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

6. Payment Terms

6.1 Pricing and Payment

All prices for food items, beverages, and other products offered through our Website are quoted in United States Dollars (USD). Prices are subject to change at any time without prior notice. You agree to pay all amounts due at the time your order is placed, including applicable sales taxes and any delivery or service fees.

6.2 Accepted Payment Methods

We accept major credit cards (Visa, Mastercard, American Express, Discover), debit cards, digital wallets such as Apple Pay and Google Pay, and Cafe Rio gift cards, subject to availability. By providing payment information, you represent that you are authorized to use the designated payment method and authorize Cafe Rio to charge the full order amount to your selected payment method.

6.3 Order Confirmation and Cancellation

Once an order is placed and confirmed, it may not be possible to cancel or modify it, as food preparation typically begins immediately. If you need to make changes, please contact us as soon as possible at [email protected]. Refunds or credits, if applicable, will be issued at the sole discretion of Cafe Rio.

6.4 Taxes

You are responsible for all applicable federal, state, and local taxes related to your purchases. Applicable taxes will be calculated and displayed at the time of checkout.

6.5 Gift Cards

Gift cards issued by Cafe Rio are subject to separate terms and conditions. Gift cards have no cash value unless required by applicable law, are non-refundable, and cannot be redeemed for cash except where required by applicable law. Cafe Rio is not responsible for lost, stolen, or damaged gift cards.

7. Disclaimers

7.1 As-Is Basis

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

7.2 No Warranty of Accuracy

Cafe Rio does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any content on the Website, including menu descriptions, nutritional information, pricing, and availability. Any reliance you place on such information is strictly at your own risk.

7.3 Allergen and Nutritional Information

While Cafe Rio makes reasonable efforts to provide accurate allergen and nutritional information, we cannot guarantee that all information is complete and up to date. Our food is prepared in facilities that handle common allergens including peanuts, tree nuts, wheat, dairy, eggs, soy, fish, and shellfish. Customers with food allergies or dietary restrictions should contact us directly before placing an order. Cafe Rio shall not be liable for any adverse reactions or health consequences resulting from the consumption of our products.

7.4 Third-Party Services

Our Website may contain links to third-party websites, services, or platforms, including delivery providers and payment processors. These third-party services are governed by their own terms and privacy policies, and Cafe Rio does not endorse, control, or assume any responsibility for third-party content, products, or services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND OTHER RELEVANT UNITED STATES FEDERAL AND STATE LAWS, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, business, or goodwill;
• Loss of data or information;
• Personal injury or property damage arising from your use of or inability to use the Services;
• Unauthorized access to or alteration of your transmissions or data;
• Any errors or omissions in any content on the Website;
• Any other matter relating to the Services.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF CAFE RIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE EXTENT THAT CAFE RIO'S LIABILITY CANNOT BE ENTIRELY EXCLUDED UNDER APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF CAFE RIO TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO CAFE RIO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, the above limitations may not apply to you, and our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless Cafe Rio and its officers, directors, employees, agents, contractors, licensors, service providers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from or related to:

• Your access to or use of the Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property rights and privacy rights;
• Any User Content submitted by you;
• Any fraud or misrepresentation by you in connection with the 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 event you will cooperate fully with Cafe Rio in asserting any available defenses.

10. 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 operates, without regard to conflict of law principles. To the extent that any dispute involves consumer protection matters, the Federal Trade Commission Act (FTC Act) and other applicable federal consumer protection statutes may also apply.

Any legal proceedings arising out of or relating to these Terms that are not subject to mandatory arbitration (as set forth in Section 11) shall be subject to the exclusive jurisdiction of the state and federal courts located within the United States, and you hereby irrevocably consent to personal jurisdiction and venue in such courts.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Dispute") informally by contacting Cafe Rio at [email protected]. Both parties agree to make good faith efforts to resolve the Dispute within thirty (30) days of notification. If the Dispute is not resolved within that period, either party may pursue formal dispute resolution.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN JURY TRIALS OR CLASS ACTIONS.

If informal resolution fails, you and Cafe Rio agree that any Dispute shall be finally and exclusively resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English, in the state where Cafe Rio operates, or remotely as agreed by the parties.

The arbitrator shall have the authority to award any relief that would be available in a court of law, and the arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND CAFE RIO EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

11.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights. Nothing in this Section shall limit either party's right to file a complaint with applicable regulatory agencies, including the Federal Trade Commission.

11.5 Opt-Out Right

You may opt out of the arbitration agreement by sending written notice to Cafe Rio at [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out of arbitration, you agree to resolve Disputes exclusively in the courts specified in Section 10.

12. Term and Termination

12.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Website or Services, or maintain an account with Cafe Rio, unless earlier terminated in accordance with this Section.

12.2 Termination by You

You may terminate your account and cease using the Services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination.

12.3 Termination by Cafe Rio

Cafe Rio reserves the right, at its sole discretion, to suspend or terminate your account, restrict your access to the Services, or remove any content you have submitted at any time and for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Conduct that Cafe Rio believes is harmful to other users, third parties, or the business interests of Cafe Rio;
• Requests by law enforcement or government authorities;
• Unexpected technical or security issues;
• Extended periods of inactivity.

12.4 Effect of Termination

Upon termination of your account or access to the Services, your right to use the Website and Services will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4, 5, 7, 8, 9, 10, 11, and 14.

13. Changes to Terms

Cafe Rio reserves the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and may provide additional notice, such as through a prominent notice on the Website or by sending an email to the address associated with your account.

Your continued use of the Website or Services following the posting of updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must discontinue your use of the Website and Services immediately and, if applicable, close your account.

We encourage you to review these Terms regularly to stay informed of any updates. Changes will take effect immediately upon posting unless otherwise specified.

14. Severability

If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be invalid, unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.

In the event that a provision of these Terms is deemed unenforceable, the parties agree that the court or arbitrator should endeavor to give effect to the parties' original intentions as reflected in the provision, to the extent possible under applicable law.

15. Additional Legal Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated herein, constitute the entire agreement between you and Cafe Rio with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

15.2 Waiver

No failure or delay by Cafe Rio in exercising any right or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. All waivers must be in writing and signed by an authorized representative of Cafe Rio to be effective.

15.3 No Third-Party Beneficiaries

These Terms are for the sole and exclusive benefit of you and Cafe Rio, and nothing in these Terms, 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.

15.4 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, pandemics, government actions, civil unrest, labor disputes, power failures, internet disruptions, or other force majeure events.

15.5 Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of Cafe Rio. Cafe Rio may freely assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law. Any attempted assignment in violation of this provision shall be null and void.

15.6 Electronic Communications

By using our Website and Services, you consent to receive electronic communications from Cafe Rio, including notices, disclosures, agreements, and other communications by email or through the Website. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

15.7 California-Specific Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). For more information about your California privacy rights, please refer to our Privacy Policy or contact us at the information provided below. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

16. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you need to contact us for any reason related to the Services, please reach out to us using the information below. We are committed to addressing your concerns in a timely and professional manner.

For legal inquiries, arbitration notices, or formal correspondence, please contact us via email at [email protected] and include "Legal Notice" in the subject line to ensure prompt handling.

We strive to respond to all inquiries within five (5) business days. Response times may vary depending on the nature and complexity of your request.