Terms of Service

Please read these Terms of Service ("Terms," "Terms of Service," or "Agreement") carefully before using the website located at rioscafe.top (the "Site") or any services offered by Cafe Rio ("Company," "we," "us," or "our"). By accessing or using our Site or services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or services.

1. Acceptance of Terms

By accessing, browsing, or using the Site located at rioscafe.top, placing an order, creating an account, subscribing to our newsletter, or otherwise engaging with any service we offer, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Cafe Rio.

If you are accessing or using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case "you" and "your" shall refer to that entity. If you do not have such authority, you must not accept these Terms or use our services on behalf of that entity.

We reserve the right to modify, update, or change these Terms at any time. Your continued use of the Site or services following the posting of changes constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to use this Site and its associated services. By using this Site, you represent and warrant that you meet this age requirement.

2. Description of Services

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

• Dine-In Services: On-site dining experiences at our physical establishment(s), including access to our full menu of food and beverage offerings.
• Takeout and Pickup Orders: The ability to place food and beverage orders for in-person pickup, either through our website, by phone, or in person at our location(s).
• Online Ordering: Customers may use our website at rioscafe.top to browse our menu, place orders, and arrange for pickup or delivery where available.
• Delivery Services: Where available, we may offer direct delivery services or partner with third-party delivery platforms to bring your orders to your location.
• Catering Services: We may provide catering services for events, parties, corporate functions, and other occasions upon request and subject to separate catering agreements.
• Loyalty Programs and Promotions: We may offer loyalty rewards, discount codes, promotional offers, and other customer benefits from time to time, subject to their own specific terms and conditions.
• Gift Cards and Vouchers: We may sell gift cards or vouchers redeemable for food and beverage products at our establishment(s).
• Informational Content: Our Site provides information about our menu, hours of operation, locations, events, and other relevant details for our customers.

We reserve the right to modify, expand, reduce, or discontinue any aspect of our services at any time, without prior notice, at our sole discretion. We are not liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of specific menu items, services, or promotions may vary by location, season, or other factors. We do not guarantee the continuous availability of any specific product or service.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

By using our Site and services, you agree to:

• Provide accurate, current, and complete information when placing orders, creating accounts, or communicating with us.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use our Site 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 our services.
• Respect the rights of other users and third parties, including their intellectual property, privacy, and other legal rights.
• Promptly pay for any orders or services you have requested.
• Behave respectfully and courteously when interacting with our staff, both in person and through digital channels.

3.2 Prohibited Activities

You agree that you will not engage in any of the following prohibited activities when using our Site or services:

• Fraudulent Activity: Using false identities, stolen payment information, or engaging in any form of fraud, deception, or misrepresentation in connection with your use of our services.
• Unauthorized Access: Attempting to gain unauthorized access to our systems, networks, servers, databases, or other users' accounts through any means, including hacking, password mining, or other techniques.
• Interference with Services: Uploading, transmitting, or distributing viruses, malware, spyware, or other harmful code; engaging in denial-of-service attacks; or otherwise interfering with the proper functioning of our Site or services.
• Data Scraping: Using automated tools, bots, scrapers, or similar technologies to extract data from our Site without our express written consent.
• Intellectual Property Infringement: Copying, reproducing, modifying, distributing, displaying, or otherwise using our intellectual property without authorization.
• Defamatory or Harmful Content: Posting, submitting, or transmitting any content that is defamatory, obscene, abusive, threatening, harassing, or otherwise objectionable.
• Spam and Unsolicited Communications: Sending unsolicited commercial communications, chain letters, or spam through our platforms or using information obtained from our Site.
• Circumventing Security: Attempting to circumvent any security measures, access controls, or restrictions implemented on our Site.
• Commercial Exploitation: Using our Site or services for unauthorized commercial purposes, including reselling food products obtained from us without authorization.
• Impersonation: Impersonating Cafe Rio, our employees, other users, or any other person or entity.
• Violation of Laws: Using our Site or services in any manner that violates applicable federal, state, or local laws or regulations, including laws related to food safety, consumer protection, and electronic commerce.
• Minor Exploitation: Using our services in any way that harms, exploits, or endangers minors.

We reserve the right to investigate suspected violations of these prohibitions and to take appropriate legal action, including reporting violations to law enforcement authorities. We may also suspend or terminate your access to our services if you engage in any prohibited activities.

4. Intellectual Property Rights

All content, materials, and features available on our Site and through our services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and arrangement of the Site ("Content"), are the exclusive property of Cafe Rio or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights laws.

The Cafe Rio name, logo, trademarks, service marks, trade names, and other brand identifiers are the exclusive property of Cafe Rio. You may not use any of our trademarks or service marks in connection with any product or service without our prior written consent. You are prohibited from using our marks in any way that is likely to cause confusion among consumers, or in any manner that disparages or discredits Cafe Rio.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Site solely for your personal, non-commercial use in connection with utilizing our food services. This license does not include the right to:

• Modify or create derivative works based on our Content.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Site or Content for commercial purposes.
• Use data mining, robots, or similar data gathering and extraction tools.
• Download (other than page caching) any portion of our Site except as expressly permitted.
• Remove or alter any copyright, trademark, or other proprietary notices on our Content.

If you believe that any content on our Site infringes your copyright, please contact us at [email protected] with a detailed description of the claimed infringement. We will respond to valid notices pursuant to the Digital Millennium Copyright Act (DMCA) and other applicable laws.

Any feedback, suggestions, ideas, or other submissions you provide to us regarding our services may be used by us freely and without any obligation to you, including for improvement of our products and services.

5. Payment Terms

5.1 Pricing and Payment

All prices listed on our Site or provided through our ordering systems are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable taxes or delivery fees unless expressly stated otherwise. You are responsible for paying all applicable sales taxes, delivery charges, and any other fees associated with your order.

5.2 Payment Methods

We accept various forms of payment as indicated on our Site or at our physical location(s), which may include major credit and debit cards, digital wallets, cash (at physical locations), and gift cards. By providing payment information, you represent and warrant that you are authorized to use the payment method provided and that the information you supply is accurate and complete.

5.3 Order Confirmation and Processing

Receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to refuse or cancel any order at any time for reasons including but not limited to: product unavailability, errors in pricing or product descriptions, or suspected fraudulent activity. If your order is canceled after payment has been processed, we will issue a full refund using the original payment method.

5.4 Refunds and Cancellations

Our refund and cancellation policy is as follows: If you are dissatisfied with your order due to an error on our part (wrong items, food quality issues, etc.), please contact us within a reasonable time of receiving your order. We will assess each situation individually and may offer a replacement, store credit, or refund at our discretion. We are not obligated to provide refunds for orders cancelled after preparation has begun. For catering orders, cancellation terms will be outlined in a separate catering agreement.

5.5 Promotions and Discount Codes

Promotional offers, discount codes, and loyalty rewards are subject to specific terms and conditions applicable to each promotion. Promotions may not be combined unless expressly stated. We reserve the right to modify or discontinue any promotion at any time.

6. Disclaimers

6.1 As-Is Basis

OUR SITE AND SERVICES ARE PROVIDED 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, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 No Guarantee of Availability

We do not warrant that our Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that any errors or defects in the Site will be corrected, or that the Site or its servers are free of viruses or other harmful elements.

6.3 Food Allergen Disclaimer

While we make reasonable efforts to identify allergens in our food products, our kitchen handles common allergens including but not limited to gluten, dairy, nuts, soy, eggs, and shellfish. We cannot guarantee that any food item is completely free of allergens due to the risk of cross-contamination. Customers with food allergies or dietary restrictions are strongly advised to consult with our staff before ordering. We disclaim all liability for allergic reactions or other health issues arising from consumption of our food products where we have not been specifically informed of your dietary requirements.

6.4 Third-Party Services

Our Site may contain links to third-party websites, services, or platforms (such as delivery apps or social media). These links are provided for convenience only. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the terms and policies of any third-party sites you visit.

6.5 Nutritional Information

Any nutritional information provided on our Site or menu is for general informational purposes only and may vary based on preparation methods, portion sizes, ingredient variations, and other factors. We do not warrant the accuracy of any nutritional information provided.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CAFE RIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE OF OR INABILITY TO USE OUR SITE OR SERVICES, OR ANY INTERACTIONS WITH OTHER USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAFE RIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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

The limitations of liability set forth in this section apply even if any limited remedy fails of its essential purpose. Some states do not allow certain limitations on liability, so some of the above limitations may not apply to you depending on your state of residence.

8. Indemnification

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

• Your violation of these Terms of Service or any applicable law or regulation.
• Your use of our Site or services in any unauthorized or unlawful manner.
• Your violation of any rights of a third party, including intellectual property rights, privacy rights, or consumer rights.
• Any content or information you submit, post, or transmit through our Site.
• Your negligence, willful misconduct, or fraudulent actions in connection with your use of our services.
• Any dispute you have with another user or third party in connection with our services.

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 matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state law of the state in which Cafe Rio is registered and operates, without regard to its conflict of law provisions.

Federal law, including but not limited to the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), governing unfair or deceptive acts and practices, as well as other applicable federal consumer protection statutes, shall apply to the extent required by law. For customers located in California, applicable provisions of the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), and the California Consumer Legal Remedies Act may also apply.

You agree that any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts located in the state in which Cafe Rio is registered and operates. You hereby irrevocably consent to the personal jurisdiction of, and venue in, such courts and waive any objection to such jurisdiction or venue.

Notwithstanding the foregoing, we reserve the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other proprietary rights.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution process, we encourage you to contact us directly to resolve any concerns or disputes informally. Please send a written description of your complaint to [email protected]. We will make reasonable efforts to resolve your complaint within thirty (30) days of receipt. We believe that most disputes can be resolved through direct, good-faith communication.

10.2 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, or regarding the existence, validity, or enforceability of these Terms, shall be resolved by final and binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA) then in effect, applying the Consumer Arbitration Rules where applicable. The arbitration shall be conducted by a single neutral arbitrator. 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

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND CAFE RIO EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that the class action waiver is unenforceable as to any claim, then that claim shall be severed from arbitration and pursued in court, while remaining claims proceed in arbitration.

10.4 Exceptions to Arbitration

Notwithstanding the foregoing arbitration agreement, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction. Additionally, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

10.5 Time Limitation on Claims

Any claim or cause of action you may have with respect to your use of our Site or services must be commenced within one (1) year after the claim or cause of action arises, or it shall be permanently barred to the fullest extent permitted by applicable law.

11. Term and Termination

11.1 Duration

These Terms remain in full force and effect while you use our Site or services. Your right to use our Site and services is effective from the date you first access the Site or use our services and continues until terminated in accordance with these Terms.

11.2 Termination by You

You may stop using our services at any time. If you have an account with us, you may request account deletion by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination, including payment obligations for orders already placed.

11.3 Termination by Cafe Rio

We reserve the right, at our sole discretion, to suspend or terminate your access to our Site and services at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any of our policies.
• Fraudulent, abusive, or otherwise objectionable behavior.
• Requests by law enforcement or other government agencies.
• Extended periods of account inactivity.
• Our decision to cease offering services to users in your region or jurisdiction.

11.4 Effect of Termination

Upon termination, your right to use our Site and services immediately ceases. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: intellectual property rights, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

12. Changes to Terms

We reserve the right to modify, update, or revise these Terms of Service at any time at our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also notify you of significant changes by sending an email to the address associated with your account or by posting a prominent notice on our Site.

Your continued use of our Site or services after any changes have been posted constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Site and services immediately. We encourage you to review these Terms regularly to stay informed of any updates.

In the event that any changes to these Terms materially affect your rights or obligations, we will make reasonable efforts to provide you with advance notice of such changes where required by applicable law.

13. Severability

If any provision of these Terms of Service is found to be unlawful, void, invalid, or unenforceable by any court or arbitrator of competent jurisdiction, under any applicable law or for any reason, then that provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect to the maximum extent possible. The parties agree that a court or arbitrator should modify the invalid or unenforceable provision to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, to substitute a valid and enforceable provision that most nearly 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 that right or provision unless expressly acknowledged and agreed to by us in writing. A waiver by us of any breach or default shall not be deemed a waiver of any subsequent breach or default.

These Terms, together with our Privacy Policy and any other legal notices or policies published on our Site, constitute the entire agreement between you and Cafe Rio concerning your use of our Site and services, and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, with respect to the subject matter hereof.

14. Additional Legal Provisions

14.1 Force Majeure

Cafe Rio shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergencies, governmental actions, civil unrest, labor disputes, transportation disruptions, supply chain failures, power outages, or failures of third-party service providers. In such circumstances, our obligations will be suspended for the duration of the force majeure event.

14.2 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment by you in violation of this section will be null and void.

14.3 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms, except as expressly provided herein. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, franchise, or employment relationship between you and Cafe Rio.

14.4 Electronic Communications and Notices

By using our Site and services, you consent to receiving electronic communications from us, including notices, agreements, legally required disclosures, and other information. These electronic communications satisfy any legal requirements that such communications be in writing. Notices from you to us should be sent via email to [email protected].

14.5 Accessibility

We are committed to making our Site accessible to all users, including those with disabilities. If you experience any difficulty accessing our Site or services due to a disability, please contact us at [email protected], and we will make reasonable efforts to assist you.

14.6 Compliance with Applicable Law

You agree to use our Site and services in compliance with all applicable federal, state, and local laws and regulations, including but not limited to laws relating to food safety (FDA Food Safety Modernization Act), consumer protection (FTC Act), data privacy, electronic commerce, and anti-discrimination laws. We reserve the right to cooperate with law enforcement authorities and to disclose information about you if we reasonably believe that such disclosure is necessary to comply with the law, protect our rights, or ensure the safety of our users or the public.

15. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, your use of our Site, or our services, please contact us using the following information:

We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to food safety or immediate health concerns, please contact your local health authorities or emergency services.