Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at riosscafe.rest (the "Website") or any services provided by Cafe Rio ("Company," "we," "us," or "our"). 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. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

1. Acceptance of Terms

By accessing the Website at riosscafe.rest, creating an account, placing an order, subscribing to any service, or otherwise using any feature of our digital or physical offerings, you enter into a legally binding agreement with Cafe Rio. This Agreement governs your use of all services, features, content, and functionality made available through our Website and in-person locations.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use our services, regardless of the capacity in which they do so. If you are using our services 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 individually and that entity.

You must be at least 18 years of age to use our services independently. Individuals between the ages of 13 and 17 may use our services only with the express consent and supervision of a parent or legal guardian. We do not knowingly provide services to children under the age of 13.

We reserve the right to update, revise, or modify these Terms at any time. Your continued use of the Website or services after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

2. Description of Services

Cafe Rio is a food service establishment operating in the United States. We offer a variety of food and beverage products, dining experiences, and related services to our customers. Our services include, but are not limited to, the following:

2.1 In-Person Dining

Cafe Rio provides a dine-in dining experience at our physical location(s). Customers may visit our establishment to enjoy freshly prepared food and beverages. In-person dining is subject to our seating policies, operating hours, and capacity limitations.

2.2 Online Ordering

We offer an online ordering platform through our Website at riosscafe.rest, allowing customers to place orders for pickup or delivery. Online orders are subject to availability, service area restrictions, and applicable fees.

2.3 Takeout and Delivery Services

Customers may order food for takeout directly at our location or through our Website. Delivery services may be offered directly or through third-party delivery partners. Delivery availability, areas, and fees are subject to change without prior notice.

2.4 Catering Services

Cafe Rio may offer catering services for events, gatherings, and corporate functions. Catering orders require advance notice and are subject to separate pricing and contractual agreements as communicated at the time of booking.

2.5 Digital Content and Marketing

Our Website may include menus, promotional content, loyalty program information, nutritional data, and other informational materials. This content is provided for general informational purposes and is subject to change without notice.

We reserve the right to modify, suspend, or discontinue any service or feature at any time without liability. We also reserve the right to impose limitations on certain features or restrict access to certain parts of our services at our sole discretion.

3. User Obligations and Prohibited Activities

3.1 User Responsibilities

As a user of our Website and 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 access;
• Use our Website and services only for lawful purposes and in accordance with these Terms;
• Comply with all applicable federal, state, and local laws and regulations, including but not limited to those of the United States;
• Respect the intellectual property rights, privacy, and other rights of Cafe Rio and third parties;
• Ensure that any information you provide to us is truthful and not misleading;
• Promptly update your account information to keep it accurate and complete.

3.2 Prohibited Activities

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

• Fraudulent Conduct: Using our services with fraudulent intent, providing false payment information, or attempting to obtain food or services without proper payment;
• Unauthorized Access: Attempting to access restricted areas of our Website, circumventing security measures, or gaining unauthorized access to other users' accounts;
• Automated Access: Using bots, scrapers, crawlers, or other automated tools to access, collect data from, or interact with our Website without express written permission;
• Intellectual Property Infringement: Reproducing, distributing, modifying, or creating derivative works from our content without authorization;
• Harmful Content: Uploading, submitting, or transmitting any content that is unlawful, defamatory, abusive, obscene, discriminatory, or otherwise objectionable;
• Interference: Disrupting or interfering with the security, integrity, or performance of our Website, servers, or networks;
• Impersonation: Impersonating Cafe Rio, its employees, agents, or other users;
• Spam: Transmitting unsolicited commercial communications or engaging in any form of spam through our Website or services;
• Resale Without Authorization: Reselling or commercially exploiting any part of our services without prior written consent;
• Violation of Laws: Using our services in violation of any applicable federal, state, or local law, regulation, or ordinance.

Violation of any prohibited activities may result in immediate termination of your account, denial of service, and potential legal action. We reserve the right to cooperate with law enforcement authorities and provide information as required by law.

4. Intellectual Property Rights

4.1 Ownership

All content, materials, and intellectual property on our Website and associated services, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and arrangement of the Website ("Content"), are the exclusive property of Cafe Rio or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, patent, and trade secret laws.

4.2 Trademarks

The name "Cafe Rio," our logo, and all related marks, designs, and slogans are trademarks or service marks of Cafe Rio. You may not use any of our trademarks without our prior written consent. Nothing in these Terms grants you any right to use our trademarks, trade names, logos, or other brand identifiers.

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 our Website solely for your personal, non-commercial use. This license does not permit you to:

• Copy, reproduce, distribute, or publicly display any Content;
• Modify or create derivative works based on the Content;
• Use the Content for commercial purposes without our express written consent;
• Remove or alter any copyright, trademark, or other proprietary notices.

4.4 User-Submitted Content

If you submit reviews, comments, photos, or other content to our Website or social media platforms ("User Content"), you grant Cafe Rio a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our business operations. 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.

5. Payment Terms

5.1 Pricing

All prices for food, beverages, and services are displayed on our Website or menu boards and are subject to change without notice. Prices are listed in United States Dollars (USD) and are exclusive of applicable taxes unless otherwise stated.

5.2 Accepted Payment Methods

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, digital wallets, and cash at our physical location. Specific payment methods accepted online are indicated at checkout.

5.3 Order Confirmation and Charges

By placing an order through our Website or in person, you authorize Cafe Rio to charge your selected payment method for the total amount of your order, including applicable taxes, service fees, and delivery fees. Your order is not confirmed until you receive an official confirmation from us.

5.4 Taxes

Applicable federal, state, and local sales taxes will be added to your order total as required by law. The tax rate applied will depend on the location of purchase or delivery.

5.5 Refunds and Cancellations

Due to the perishable nature of our food products, all sales are generally final once an order is prepared. If you have concerns about a product you received, please contact us at [email protected] within a reasonable time of receiving your order. Refunds or replacements are issued at our sole discretion, on a case-by-case basis. Catering deposits may be non-refundable as specified in your catering agreement.

5.6 Promotional Offers and Discounts

Any promotional codes, discounts, or special offers are subject to their individual terms and conditions. We reserve the right to discontinue or modify any promotion at any time. Promotions cannot be combined unless expressly stated, and may not be applied retroactively to prior purchases.

6. Disclaimers and "As-Is" Basis

6.1 Website Disclaimer

OUR WEBSITE AND 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, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Accuracy

While we make every effort to ensure that the information on our Website is accurate and up-to-date, we do not warrant that the content is complete, reliable, current, or error-free. Menu items, prices, nutritional information, and availability are subject to change without notice. We are not responsible for any errors or omissions in our content.

6.3 Food and Allergen Disclaimer

Our food products are prepared in a kitchen environment where allergens including, but not limited to, gluten, dairy, nuts, eggs, soy, shellfish, and other common allergens may be present. While we take reasonable precautions, we cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions should notify our staff and exercise personal judgment when ordering. Cafe Rio is not responsible for allergic reactions or adverse health effects resulting from the consumption of our food products.

6.4 Third-Party Services

Our Website may contain links to third-party websites or integrate with third-party services, including delivery platforms, payment processors, and social media. We do not endorse, control, or assume responsibility for the content, privacy practices, or services of any third-party websites or services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

6.5 Availability

We do not guarantee that our Website will be available at all times or that service will be uninterrupted, timely, secure, or error-free. We may temporarily suspend or restrict access to the Website for maintenance, updates, or other operational reasons without prior notice.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, 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, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use our Website or services;
• Any errors, omissions, interruptions, or inaccuracies in our content;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party in connection with our services;
• Any food product consumed from our establishment;
• Any other matter relating to our Website or services.

IN NO EVENT SHALL CAFE RIO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OUR 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 DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8. Indemnification

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

• Your use of or access to our Website or services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our Website;
• Your negligence, willful misconduct, or fraudulent behavior.

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

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to these Terms, your use of our Website, or our services 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 conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted under these Terms, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the United States and waive any objection to the exercise of jurisdiction over you by such courts or to the laying of venue in such courts.

Our services are intended for use within the United States. We make no representation that our Website or services are appropriate or available for use outside the United States. If you access our services from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

These Terms are subject to and incorporate by reference all applicable federal laws of the United States, including but not limited to the Federal Trade Commission Act (FTC Act) for consumer protection standards and applicable state consumer protection statutes.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Cafe Rio at [email protected] and attempt to resolve the dispute informally. We will make good-faith efforts to resolve any dispute within thirty (30) days of receiving your written notice. This informal dispute resolution is a prerequisite to any formal proceeding.

10.2 Binding Arbitration

If informal resolution is unsuccessful, you and Cafe Rio agree that any dispute, claim, or controversy arising out of or relating to these Terms, our services, or your use of our Website shall be resolved by binding arbitration administered by a nationally recognized arbitration organization, such as the American Arbitration Association (AAA), in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND CAFE RIO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in any class action lawsuit or class-wide arbitration against Cafe Rio. If this class action waiver is found to be unenforceable, the entire arbitration clause in this section shall be null and void.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm, including but not limited to claims involving intellectual property infringement. Such court filings do not waive either party's right to arbitration for other disputes.

10.5 Arbitration Fees

Filing fees and arbitrator compensation for arbitration shall be allocated in accordance with the applicable arbitration rules. If you prevail in arbitration, you may be entitled to recover reasonable attorneys' fees and costs as permitted by law.

11. Term and Termination

11.1 Duration

These Terms shall remain in full force and effect for as long as you use our Website or services. Certain provisions of these Terms, by their nature, shall survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

11.2 Termination by You

You may terminate your account or relationship with Cafe Rio at any time by discontinuing your use of our Website and services and, if applicable, by closing your registered account. You remain responsible for any obligations accrued prior to termination, including any outstanding payments.

11.3 Termination by Cafe Rio

We reserve the right to suspend or terminate your access to our Website and services, with or without cause and with or without prior notice, at our sole discretion, including but not limited to situations where:

• You have violated any provision of these Terms;
• We believe your conduct poses a risk to our business, other customers, or third parties;
• You have engaged in fraudulent, abusive, or illegal activities;
• We are required to do so by law or regulatory authority;
• We decide to discontinue any service or close our business operations.

11.4 Effect of Termination

Upon termination, your right to use our Website and services ceases immediately. We may delete your account and any associated data, subject to applicable law and our Privacy Policy. Cafe Rio shall not be liable to you or any third party for any termination of your access to our services.

12. Changes to Terms

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

• Posting the updated Terms on our Website at riosscafe.rest with a new effective date;
• Sending an email notification to registered users at the email address associated with their account;
• Displaying a prominent notice on our Website.

Changes to these Terms will become effective upon posting unless otherwise specified. Your continued use of our Website or services after the effective date of any revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must discontinue your use of our Website and services immediately.

We encourage you to review these Terms periodically to stay informed about our current policies and any updates. The "Last Updated" date at the top of this page indicates when these Terms were most recently revised.

13. 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. By agreeing to these Terms, you also agree to our Privacy Policy.

To the extent our services are provided to residents of California, we comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as applicable. California residents may have additional rights regarding their personal information as described in our Privacy Policy.

14. Food Safety and Health Compliance

Cafe Rio operates in compliance with all applicable federal, state, and local food safety regulations, including standards set by the U.S. Food and Drug Administration (FDA) and applicable state health departments. We maintain required food handling certifications and hygiene standards at our facilities.

Nutritional and allergen information provided on our Website or in-store is based on standard recipes and may vary based on ingredient availability, preparation methods, and portion sizes. This information is provided for general guidance only and should not be construed as medical or dietary advice. Customers with specific health concerns, dietary restrictions, or food allergies are encouraged to consult with a qualified healthcare professional before ordering.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or contrary to applicable law, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall continue in full force and effect.

The invalidity or unenforceability of any specific provision shall not affect the validity or enforceability of any other provision of these Terms. The parties agree that any invalid provision shall be replaced with a valid provision that most closely reflects the intent of the original provision.

The failure of Cafe Rio to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. No waiver of any provision shall be construed as a further or continuing waiver of such provision or any other provision of these Terms.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Cafe Rio on our Website, constitute the entire agreement between you and Cafe Rio with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, and understandings between you and Cafe Rio, whether oral or written, relating to such subject matter.

No modification of these Terms shall be effective unless made in writing and duly executed by an authorized representative of Cafe Rio. These Terms do not create any partnership, joint venture, agency, employment, or franchise relationship between you and Cafe Rio.

17. 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, epidemics, government orders, civil disturbances, labor disputes, supply chain disruptions, power outages, internet service failures, or other unforeseen events ("Force Majeure Events").

In the event of a Force Majeure Event, we will make commercially reasonable efforts to minimize the impact on our services and will notify affected customers as soon as practicable. Our obligations under these Terms will be suspended for the duration of the Force Majeure Event to the extent necessary.

18. Accessibility

Cafe Rio is committed to making our Website accessible to all users, including individuals with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable web accessibility standards. If you experience any difficulty accessing our Website or services due to a disability, please contact us and we will make reasonable accommodations to assist you.

19. Electronic Communications

By using our Website and services or communicating with us via email, you consent to receiving electronic communications from Cafe Rio. These communications may include emails about your orders, account updates, promotional offers, and other matters relating to our services. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

To opt out of promotional communications, you may follow the unsubscribe instructions included in any marketing email or contact us directly at [email protected]. Please note that even if you opt out of promotional communications, you may still receive transactional or service-related communications from us.

20. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Service, our Website, or our services, please do not hesitate to contact us using the information below:

We will make every reasonable effort to respond to your inquiries within a reasonable timeframe. For urgent matters related to food safety or health concerns, please contact us immediately by email at [email protected].